International Organizations and International Dispute Settlement: Trends and Prospects Book

	Abbreviations	xiii
	Introduction and Acknowledgments	xvii
Part I	General Overview
Chapter 1.	International Organizations and the International Judicial Process: An Overview	3
	Contentious Jurisdiction	5
	Judicial Bodies whose Jurisdiction is not Limited to a Specific Geographic Area	7
	Regional Human Rights Bodies	10
	Judicial Bodies of Regional Economic and Political Integration Agreements	12
	Europe	12
	Latin America	15
	Advisory Jurisdiction	17
	Judicial Bodies whose Jurisdiction is not Limited to a Specific Geographic Area	19
	Regional Human Rights Bodies	26
	Judicial Bodies of Regional Economic and Political Integration Agreements	28
	Europe	29
	Latin America	31
	Africa	32
	Conclusions	33
Chapter 2.	International Organizations as Parties to Contentious Cases: Selected Aspects	37
	General Aspects: Contentious Cases and International Organizations	37
	Contentious Cases under General International Law	37
	Problems arising when International Organizations are Admitted as Parties to Cases under General International Law: the Experience of the International Tribunal for the Law of the Sea	39
	Contentious Cases before Domestic Courts, under the Domestic Law of International Organizations and in "Transnational" Private Law Situations	44
Part II	The European Union and International Judicial Bodies
Chapter 3.	The European Union and International Dispute Settlement	49
	The EU as a State-Like Subject of International Law	49
	The EU and Dispute Settlement: General Considerations	51
	The EU and the WTO Dispute Settlement Mechanism	55
	Other Mechanisms	58
	Internal EU Procedures	64
	Concluding Remarks	70
Chapter 4.	The European Union before the European Court of Human Rights	73
	The European Union as Human Rights Violator?	73
	The European Union is not a Party to the European Convention on Human Rights	74
	The Approach of the European Court of Human Rights	75
	Allegations of Human Rights Violations by Institutions of the European Community	78
	The European Community as Friend of the Court	82
	The Commission's Intervention in "Senator Lines GMBH v. 15 Member States of the European Union"	83
	The Need for an External Human Rights Review of Community Action	87
Part III	International Organizations and the International Court of Justice
Chapter 5.	Request of Advisory Opinions in Contentious Cases?	91
	Introduction	91
	Advisory Opinions Accepted as Decisive: Disputes between International Organizations and States	92
	Advisory Opinions Accepted as Decisive: Review of Judgments of Administrative Tribunals	95
	Ordinary Advisory Opinions	98
	Some Concluding Remarks	100
	Ordinary Advisory Opinions	100
	Binding Advisory Opinions in a Dispute between an Organization and a Single State	101
	Binding Advisory Opinions in a Dispute between an Organization and its Officials	102
Chapter 6.	Advisory Opinions and the Furtherance of the Common Interest of Mankind	105
	Issues of Global Public Policy and the Request for an Advisory Opinion	107
	Resort to the Court as a Means of Promoting the Common Interest of Human Kind	107
	Advisory Opinions and the Diversification of International Institutions and Dispute Settlement Mechanisms	112
	Request for Advisory Opinions and the Changes in the International Decision-Making Process	113
	Some Thoughts on the Openness of the Advisory Process	114
	Non-State Actors in the Consultative Process	115
	Conclusion	118
Chapter 7.	Links Between the ILO and the ICJ: A Less Than Perfect Match	119
	Introduction	119
	The ILO Constitution and Structure: The Rationale for Granting Access to the Court by the ILO	120
	First Link between the Two: ILO Commission of Inquiry and the ICJ (Article 29.2 of the ILO Constitution)	122
	ILO Complaints Procedure	122
	Genesis of Article 29.9 of the ILO Constitution Procedure and Failure to Secure Corresponding Fitting in the PCIJ Statute	125
	What Could be Made, and by Whom, of the Procedure of Article 29.2 of the ILO Constitution?	126
	Right of Appeal of the ILO Governing Body	126
	Right of Appeal of the State against which a Compliant is Made	127
	Second Link between the Two: ICJ Interpretative Functions in the Context of ILO Normative Actions (Art. 37.1 of the ILO Constitution)	129
	Conclusions	131
Part IV	International Organizations and Amicus Curiae
Chapter 8.	Intergovernmental Organizations as "Friends of the Court"	135
	Introduction	135
	The Role of Amicus Curiae	136
	Intergovernmental Organizations as Amici Curiae: Procedure and Practice	139
(i)	International Court of justice	139
(ii)	International Criminal and Human Rights Courts and Tribunals	145
(iii)	The World Trade Organization Dispute Settlement System	149
	Policy Considerations for International Organizations	153
(i)	The Purpose of Amicus Briefs	153
(ii)	When Might International Courts and Tribunals Wish to Solicit Amicus Briefs from International Organizations?	155
(iii)	When Might International Organizations Seek to File Amicus Submissions?	159
	Conclusions	161
Part V	Liaisons Dangereuses: The Independence of Judicial Bodies from the Organizations of Which They are Organs
Chapter 9.	Process Integrity and Institutional Independence in International Organizations: The Inspection Panel and the Sanctions Committee of the World Bank	165
	Introduction	165
	Interpretation	166
	Immunity	168
	The Inspection Panel	169
	Operating Procedures	173
	Experience	175
	Review of Experience	177
	Inspection Mechanisms in Regional Development Banks	180
	The Compliance Advisor Ombudsman (CAO)	184
	The Sanctions Committee	187
	Process	187
	Procurement Context	189
	Experience	190
	The Issue of Independence	191
	Conclusions	192
Chapter 10.	The Relationship Between Political and Judicial Organs of International Organisations: The Role of the Security Council in the New International Criminal Court	195
	Introduction	195
	The Relationship between the Security Council and the ICC as Defined in the Rome Statute	198
	The Security Council has the Power to Trigger the Jurisdiction of the ICC through Referral of Situations	199
	The Security Council has the Power to Defer Action by the ICC in Situations Involving Threats to International Peace and Security	204
	The Security Council has a Potential Role in the Exercise by the ICC of its Jurisdiction over the Crime of Aggression	206
	The Security Council Plays a Role in Ensuring the Cooperation of States with the ICC	210
	The Relationship between the Security Council and the ICC from the Perspective of the International Legal System	211
	The Legal/Political Dichotomy and the Distinction between Political and Judicial Organ	212
	The Question of Hierarchy in the Relationship between Political and Judicial Organs	213
	Conclusion	217
Chapter 11.	Judicial Independence in the World Trade Organization	219
	Origins of Judicial Independence	220
	The WTO Judiciary and its Independence	223
	The WTO's Judicial Branch	225
	Is There Judicial Independence in the WTO?	227
	Criticism of the WTO Judiciary	230
	Asbestos: Judicial Independence under Pressure	235
	Conclusion	239
	Conclusions: Whither the Judicial Function? Concluding Remarks	241
	Documentary Annex	249
	International Organizations	250
A)	United Nations	250
A.1)	Charter of the United Nations	250
A.2)	Statute of the International Court of Justice	251
A.3)	ICJ Rules of Court (1978), as Amended on 5 December 2000	252
A.4)	Convention on the Privileges and Immunities of the United Nations	252
A.5)	Agreement Between the United Nations and the United States of America Regarding the Headquarters of the United Nations	252
B)	United Nations Convention on the Law of the Sea	252
B.1)	Annex IX-Participation by International Organizations	252
B.2)	Agreement Relating to the Implementation of Part XI of the Convention	256
B.3)	Annex VI - Statute of the International Tribunal for the Law of the Sea	256
B.4)	International Tribunal for the Law of the Sea: Rules of the Tribunal	257
C)	International Labour Organization	258
C.1)	Constitution of the International Labour Organization	258
C.2)	Statute of the Administrative Tribunal	261
D)	The World Bank Group	262
D.1)	International Bank for Reconstruction and Development: Articles of Agreement	262
D.2)	World Bank Inspection Panel: Resolution No. IBRD 93-10, And Resolution No. IDA 93-6	262
D.3)	IFC/MIGA Operational Guidelines for the Office of the Compliance Advisor/Ombudsman (CAO)	266
E)	World Trade Organization	269
E.1)	Annex 2 of the WTO Agreement: Understanding on Rules And Procedures Governing the Settlement of Disputes	269
E.2)	Havana Charter for an International Trade Organization	269
F)	European Union / European Community	272
F.1)	Treaty Establishing the European Community (As Amended by the Treaty of Amsterdam)	272
	International Courts and Tribunals	277
G.1)	International Criminal Tribunal for the Former Yugoslavia and International Criminal Tribunal for Rwanda: Rules of Procedure and Evidence (ICTY As At December 13, 2001 And ICTR As At May 31, 2001)	277
G.2)	International Law Commission: Draft Statute of the International Criminal Court	277
G.3)	International Criminal Court: Statute	277
G.4)	International Criminal Court: Rules of Procedure and Evidence	279
H)	Human Rights Courts	279
H.1)	European Convention for the Protection of Human Rights and Fundamental Freedoms, as Amended by Protocol No. 11	279
H.2)	European Court of Human Rights: Rules of Court	280
H.3)	African Charter on Human and Peoples' Rights: Protocol on the Establishment of the African Court on Human and Peoples' Rights	280
	Conference Program	281