The Dual Legality of the Rules of International Organizations

‘The Dual Legality of the Rules of International Organizations’ (2017) 14/1 International Organizations Law Review 87

31 Pages Posted: 8 Dec 2017 Last revised: 25 Jun 2019

Date Written: July 1, 2017

Abstract

This paper examines the legal nature of the ‘rules of international organizations’ as defined by the International Law Commission in its works on the law of treaties and on international responsibility. Part 1 introduces the debate with an example concerning the nature of UN Security Council anti-terrorism resolutions. Part 2 challenges the four theories of the rules envisaged by scholarship. Part 3 is an attempt to examine the characteristics of the legal system produced by international organizations taking advantage of analytical jurisprudence, developing a theory of their legal nature defined as ‘dual legality’. Part 4 concludes by appraising the effects of the dual legality looking at the law of treaties, international responsibility and invalidity for ultra vires acts.

Keywords: rules of international organizations, responsibility, law of treaties, legal theory, legal pluralism, invalidity for ultra vires acts, member states

JEL Classification: K33

Suggested Citation

Gasbarri, Lorenzo, The Dual Legality of the Rules of International Organizations (July 1, 2017). ‘The Dual Legality of the Rules of International Organizations’ (2017) 14/1 International Organizations Law Review 87, Available at SSRN: https://ssrn.com/abstract=3082368

Lorenzo Gasbarri (Contact Author)

Scuola Superiore Sant'Anna ( email )

Piazza Martiri della Liberta, n. 33
Pisa, 56127
Italy

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