I NTERNATIONAL O RGANIZATIONS I NTERNATIONAL O RGANIZATIONS Editors Dr. P.K. Pandey Pramod Tiwari Assistant Professor Assistant Professor Department of Law Law Centre- II Brahmanand College, Kanpur Faculty of Law, University of Delhi, Delhi CHANAKYA BOOK PUBLISHERS VARANASI Published By: Chanakya Book Publishers Ashapur-Varanasi WhatsApp: +91-9453042718/8737875669 Mobile Nos.: +91-9453042718/8737875669/9450535354 E-mail: [email protected] Edition: First © Publisher ISBN: 978-81-947173-3-1 Important Note  No part of this publication may be copied, reproduced, adapted, abridged or translated, stored in any retrieval system, used in a spreadsheet, or transmitted in any form or by any means [electrical, mechanical, photocopying or otherwise] without prior written permission of the Publisher. Any breach will entail legal action without any further notice.  While every due care has been taken to avoid any mistake but the Editors, the Authors, the Publisher, and the Printer are not responsible in any case and in any manner to any person by reason of any mistake or omission in this publication or for any action taken or omitted to be taken or advice rendered or accepted on the basis of this publication. In case of defect in printing or binding, the publisher’s liability will be limited only to replace the defective copy by another copy of this publication, if available. For more clarity, it is mentioned that the work published in this publication are not meant for legal advices.  Questions solved in this publication are intended to provide only model for students for their examinations for academic purposes only.  Any dispute relating to this publication will be subject to the jurisdiction of the appropriate courts and tribunals of Varanasi only. Computer Typeset at: Chanakya Book Publishers, Varanasi. Printed at: Madhur Printers, Kanpur. Sikkim National Law University (State University Established by an Act 05 of 2018) (Recognized by UGC under Section 2 (f)) Prof. T S N Sastry, Founder Vice Chancellor, Sikkim National Law University & Formerly Vice Chancellor, TNDALU, Chennai & Senior Professor of Law, Savitribai Phule Pune University & Former Academic Fellow of the European Commission & Cultural Exchange Fellow of Govt. of France FOREWORD International Organizations play a vital role in the development of International Legal Principles on wide ranging aspects that help to establish a world legal order. The idea of establishing international organizations in the middle of the nineteenth century though culminated through the Congress of Vienna during 1814-15 officially, historically the establishment of guilds across the world from ancient times especially, that of the Merchant, Craftsmen and other associations might have culminated the idea for the establishment of modern International organsations.1 However, to remove the power imbalances exercised by various dictators, especially, in Europe, the Peace Treaty of Westphalia of 1648, and more specifically, the cycle of conferences by nation-states after 1815, finally resulted in the process of institutionalization repealing the conferences system evolved through the Congress of Vienna. The process of establishing Public International Unions in 1860’s more specifically, the International Telegraph Union (1865), the Universal Postal Union (1874), the International Association of Railway Congresses (1884) and the International Office of Public Health (1907) is referred to as the real period for the development and growth of International Organizations. These institutions though confined to particular areas of interests of nation-states, their organizational 1 Guild, https://en.wikipedia.org/wiki/Guild last visited 10.10 2021; William Bosshardt and Jane S. Lopus: Business in the Middle Ages: What Was the Role of Guilds? The Economics of World History Social Education 77(2), pp 64–67, https://www.socialstudies.org/system/files/publications/articles/se_77021364.pdf last visited 7.8.2021; Kiran Kumar Thaplyal Guilds in Ancient India (Antiquity and Various Stages in the Development of Guilds upto AD 300), https://iks.iitgn.ac.in/wp- content/uploads/2017/01/Guilds_in_Ancient_India.pdf last visited 1.11.2021 Foreword structure laid the foundations for establishing truly international organizations in the beginning of twentieth century. These institutions later became the subsidiary organs of the International Organizations, referred to as specialized agencies or Intergovernmental Organizations along with their structural bodies definitely played a key role in culminating the idea of international organizations.2 The establishment of League of Nations marked the beginning of Pan International body to address the concerns of nation-states across the world in every sphere in the regulation of international relations. Along with the League, the establishment of Permanent Court of International Justice gave further fillip to the Jurisprudential vistas of International Law or Transnational Law to bind on the nation-states to address their concerns with a juristic approach to strengthen tenets of peace and security as well the international relations and diplomacy. Though objectives of the League of Nations did not last long, the foundations of an international organization led for the establishment of the United Nations in 1940’s. The adoption of the Charter of the UN and the Statute of the International Court of Justice in 1945 marked a new beginning in the saga of international relations of nation-states. The Charter further paved the way for the establishment of regional pacts and regional associations or organizations to address the concerns of the states in a focused perspective. Today with the seventeen specialized agencies within the UN, international organizations became an inevitable reality of the contemporary world in spite of multiple threats on various counts. Along with the UN, the ICJ also played a crucial role in addressing legal concerns of the states and strengthened the ideology of pacific settlement of disputes with a number of specific legal organs working within and outside the UN system specially, the establishment of regional juridical bodies to address the concerns of region specific. The contemporary era of economic globalization, especially, the events unfolded during 70’s to 90’s further expanded the scope of UN by establishing world economic and trade bodies to address the long standing concerns of the economic relations of states. The expansion and growth of international organizations is unstoppable as the changing dimensions of cultural perspectives (in the international language of law and relations, especially that of human rights, cultural relations including the scientific and technological dimensions and 2 Bob Reinalda, From the Congress of Vienna to Present-Day International Organizations https://www.un.org/en/chronicle/article/congress-vienna-present-day- international-organizations last visited on 10.11.2021 Foreword developments) will definitely augment the growth of these bodies in the twenty first century. In spite of the multidimensional growth of the international organizations and abundant literature on various angles, basic texts books on international organizations are not too many available to a student compare to that of international law and relations. This is more so in the developing world especially, that of India. To address the concerns of the students and to meet the academic orientations of various universities in the country, the present volume of International Organizations under the editorialship of Dr. P.K. Pandey and Mr. Pramod Tiwari serves the purpose to address the basic needs of students across the country. The present volume though may not cover all the angles of international organizations, certainly provides the students to have a fundamental understanding of international organizations and their system of working. I congratulate the efforts of Dr. Pandey, Mr. Tiwari and the contributors and wish them all the best in their future endeavors. Date: 15.11.2021 (Prof. (Dr.) TSN Sastry) PREFACE The international organizations-governmental or non- governmental, universal or regional, multi-purpose or functional-are the reality of current global governance system which-directly or indirectly, positively or negatively-affect every individual in one form or another. These organizations are central and significant means of establishing and maintaining international relations, world peace and stability. Though it is correct that the United Nations is regarded as chief reference point in the arena of international organizations but there are various organizations, working in the field of international cooperation, which have played vital role. The present book has been prepared by the expert authors having sufficient knowledge and experience with the purpose of providing high quality materials to the students of Law, Political Science and International Studies. Every chapter has included the up-to-date information and case laws. Confidently, this book will be very useful, in general, to all the readers having interests in international organizations and, in particular, to the students of Law, Political Science and International Studies in addition to the aspirants of civil services. Though due care has been taken from the editors, authors, typist, printer and publisher but mistakes cannot be completely ruled out. In preparing this book, we have received immense technical help from Shruti and Shivansh. The constructive suggestions are most welcome at: [email protected] Dr. P.K. Pandey Pramod Tiwari Contents in Brief Foreword v-vii Preface viii Contents in Brief ix Contents x-xv List of Cases xvi List of Contributors xvii Abbreviations xviii 1. Introduction 1-10 2. Understanding International Organizations 11-33 3. League of Nations 34-43 4. United Nations System 44-62 5. UN General Assembly 63-69 6. UN Security Council 70-80 7. UN Economic and Social Council 81-887 8. UN Trusteeship Council 88-96 9. UN Secretariat 97-109 10. International Court of Justice 110-125 11. League of Nations and United Nations 126-134 12. International Criminal Court 135-149 13. International Financial Institutions 150-161 14. World Trade Organization 162-166 15. International Organizations and Human Rights 167-172 16. Regionalism and Regional Organizations 173-196 ix