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The work of international organizations in the economic and social fields

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The International Court of Justice and some contemporary problems
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Abstract

For the purpose of the present study, it is intended to employ the term “international organization” as referring to intergovernmental organization in the sense of Article 2 of the Vienna Convention on the Law of Treaties, although this should not exclude references to non-intergovernmental organizations where appropriate; for example, with reference to the activities of the Economic and Social Council, mention will be made of some non-intergovernmental organizations granted consultative status with it by special agreement in related areas.

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References

  1. See D.W. Bowett, Law of Internatioal Institutions, 3rd ed., pp. 51–52; and M. Hill, The Economic and Financial Organization of the League of Nations, Washington, D.C., 1945.

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  2. Article 62.

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  3. Under Article 59, the U.N. may enter into necessary agreements for the creation of new specialized agencies required for the carrying out of the purposes set forth in Article 55..’

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  4. Article 69.

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  5. See, generally, W.R. Sharp, The U.N. Economic and Social Council, New York, 1969.

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  6. This 32-member Commission meets every two years. For instance, it met recently in February—March 1979 and approved 16 resolutions on a variety of social welfare topics, including those relating to women, youth, children, the elderly, migrant workers, the disabled, crime prevention and control, rural development and unemployment. It also adopted a series of recommendations on the social aspects of the new International Development Strategy for the 1980s. It serves mainly as a preparatory and advisory body on problems of social development policy.

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  7. At its meetings in February and March 1979, the 24-member Statistical Commission endorsed a new technical co-operation programme to aid developing nations in conducting household surveys and population and housing censuses. It also recommended the development of national, regional and global “energy balances.”

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  8. One of the principal functions of this Committee is to recommend that such organizations be granted consultative status with the Economic and Social Council. Several have been so recommended, the latest 31 having been added early last year (U.N. Chronicle, April 1979, p. 66 ).

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  9. See U.N. Chronicle for July 1979, pp. 59–60.

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  10. To mark its 25th anniversary, the General Assembly adopted a resolution declaring a 10-year programme of the development of underdeveloped countries to which each industrialized country would contribute one percent of its gross national product to the development of developing countries.

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  11. See, e.g., Certain Expenses of the United Nations, LC.J. Reports 1962, p. 151, as regards the division of powers between the General Assembly and the Security Council, and also the binding force of the Charter provisions (Art. 17(2)) upon Member States to contribute to certain expenses of the United Nations.

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  12. See, e.g., Judgments of the Administrative Tribunal of the I.L.O. upon Complaints made against UNESCO, I.C.J. Reports 1956,p. 77; the general questions were examined in Application for Review of Judgment No. 158 of the United Nations Administrative Tribunal, I.C.J. Reports 1973,p. 166.

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  13. In an Advisory Opinion, the I.C.J. held that the non-inclusion of Liberia and Panama in the membership of the Committee, although they possessed the requisite registered tonnage, was not in accordance with the I.M.C.O. Convention: Constitution of the Maritime Safety Committee of the Inter-Governmental Maritime Consultative Organization, I.C.J. Reports 1960,p. 150.

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  14. Pakistan’s objections to the competence of the LC.A.O. Council and to the Court’s jurisdiction to hear India’s appeal to the Court against Pakistan’s detention of India’s aircraft were over-ruled by the LC.J. in Appeal Relating to the Jurisdiction’ of the LC.A.O. Council, LC.J. Reports 1972, p. 46.

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  15. See Richard N. Gardner, “GATT and the United Nations Conference on Trade and Development,” International Organization, Vol. 18, No. 4 (1964), p. 688.

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  16. Since the momentous decision of the International Court of Justice in the Reparations for Injuries Suffered in the Service of the United Nations, I.C.J. Reports 1949,p. 174, the U.N.O. and other international organizations have enjoyed legal personality which enables them to sue and be sued in their own name.

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  17. The first part of the United Nations Conference on an International Code of Conduct on the Transfer of Technology was held in Geneva under the auspices of the United Nations Conference on Trade and Development (UNCTAD) from 16 October to 11 November 1978, when considerable progress was made in laying down internationally accepted ground rules to ensure access to technology essential to development on fair and reasonable terms.

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  18. The U.N. Chronicle,December 1978, Vol. XV, No. 11, p. 42.

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  19. The U.N. Chronicle,December 1978, Vol. XV, No. 11, p. 43.

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© 1983 Springer Science+Business Media Dordrecht

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Elias, T.O. (1983). The work of international organizations in the economic and social fields. In: The International Court of Justice and some contemporary problems. Springer, Dordrecht. https://doi.org/10.1007/978-94-017-4865-0_10

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  • DOI: https://doi.org/10.1007/978-94-017-4865-0_10

  • Publisher Name: Springer, Dordrecht

  • Print ISBN: 978-90-247-3044-5

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