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9 - Institutional structures

Published online by Cambridge University Press:  05 June 2012

Jan Klabbers
Affiliation:
University of Helsinki
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Summary

Introduction

Most international organizations possess a variety of organs, set up to perform various distinct functions and, perhaps, also to keep each other in check. Within the EC, the idea of the institutional balance as a principle behind the distribution of powers has gained some prominence, and has traditionally been honoured by the EC Court. And with respect to the UN, as Martti Koskenniemi has noted, something similar may be seen:

The Security Council should establish/maintain order: for this purpose, its composition and procedures are justifiable. The Assembly should deal with the acceptability of that order: its composition and powers are understandable from this perspective. Both bodies provide a check on each other. The Council's functional effectiveness is a guarantee against the Assembly's inability to agree creating chaos; the Assembly's competence to discuss the benefits of any policy – including the policy of the Council – provides, in principle, a public check on the Great Powers' capacity to turn the organization into an instrument of imperialism.

In much the same way as state organs constitute the machinery of states, performing tasks in the name of the state, so too do the organs of international organizations perform tasks in the name of the organization. Usually they lack a separate legal personality, which indicates that they are not to be considered as actors in their own right.

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Publisher: Cambridge University Press
Print publication year: 2002

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  • Institutional structures
  • Jan Klabbers, University of Helsinki
  • Book: An Introduction to International Institutional Law
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139165051.011
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  • Institutional structures
  • Jan Klabbers, University of Helsinki
  • Book: An Introduction to International Institutional Law
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139165051.011
Available formats
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To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Institutional structures
  • Jan Klabbers, University of Helsinki
  • Book: An Introduction to International Institutional Law
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139165051.011
Available formats
×