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Henry G. Schermers and Niels M. Blokker

national legal orders important? Why is it necessary to examine whether, or to what extent, international organizations are international legal persons, or subjects of international law, 3 or entities capable of bearing rights and obligations? 4 Without such a status, international organizations would not

Henry G. Schermers and Niels M. Blokker

concerned. In the present chapter, decision-making procedures will be discussed. The different types of decision that can be taken form the subject matter of Chapter Eight. Some readers may prefer to study the various types of decisions that can be taken before investigating how they are adopted. However

Henry G. Schermers and Niels M. Blokker

international organizations on individual technical subjects. Thus, it was possible to refer to the “specialized agencies of the CMEA”. 80 In the so-called comprehensive programme of 1971, the members of the CMEA stipulated that agreements and protocols would be concluded between the CMEA and these

Henry G. Schermers and Niels M. Blokker

organs of an organization. They are served by the secretariat and they are subject to the general budgetary and administrative authority of the ‘hosting’ organization, subject to the caveat that no resolution of another organ can amend the treaty which created a treaty organ. Provisions concerning treaty

Henry G. Schermers and Niels M. Blokker

institutional law. 35 1. Creation of a legal person §1148  Unlike ordinary treaties, constitutions not only regulate rights and duties between states, but also - and even primarily - create new subjects of international law. As the International Court of Justice has observed, the object of constitutions “is to

Henry G. Schermers and Niels M. Blokker

the end of each chapter, and – it is hoped – enable us to gain a better, overall understanding of the subject matter of this study. By its nature, the study has described and analyzed the details of international institutional law, and consequently the ‘wood’ of the law can become lost in the ‘trees

Henry G. Schermers and Niels M. Blokker

stretch far enough to include all acts indispensable for the performance of the functions of the organization. 17 In its 1996 WHO Advisory Opinion, the International Court of Justice considered that international organizations are subjects of international law which do not, unlike states, possess a

Henry G. Schermers and Niels M. Blokker

inclined to overestimate the importance of the subject matter falling within their competence. While heads of civil service departments will usually strike a more accurate balance between different interests, they also risk paying more attention to interests that are defended by officials in their own

Henry G. Schermers and Niels M. Blokker

accordance with the Commission’s plan. The decision was the subject of a press release under the heading “conclusions of the Council”. The European Parliament sought the annulment of this decision, claiming before the Court of Justice that it was a Council decision. It argued that the decision had budgetary

Henry G. Schermers and Niels M. Blokker

did not relegate sovereign states to the wings. On the contrary, states remain the leading actors in international relations. 10 There is neither a universal state nor a world government. 11 Nevertheless, international organizations, the subject of our study, perform an important supporting role