The Legal Status, Privileges and Immunities of the Specialized Agencies of the United Nations and Certain Other International Organizations - Brossura

Ahluwalia, Kuljit

Brossura

ISBN 10: 9401503923 ISBN 13: 9789401503921

Casa editrice: Springer, 1964

Riassunto

The past century has been a period of revolutionary change in many fields of human activity, in institutions and in thought. This period has seen the need of adjustment of state institutions and legal concepts to the needs of greater international cooperation. During the half­ century preceding the First World War, cooperation by governments outside the traditional diplomatic channels and procedures was largely limited to highly technical organizations, commonly referred to as public international unions, dealing with such matters as the im­ provement of postal communications and the control of contagious diseases. With the establishment of the League of Nations and the International Labor Organization at the end of the First World War, organized international cooperation assumed greater importance and the need was recognized of giving to the instruments of such cooper­ ation legal status and rights which would facilitate the effective performance of their functions. This proved to be a difficult adjustment for legal theory to make since the enjoyment of special privileges and immunities had been based in traditional international law on the fiction of state sovereignty. The new international organizations, while performing functions of the kind performed by national govern­ ments, were far from possessing the powers of such governments. The failure of the League of Nations to achieve its major purpose did not signify any permanent decline in the role of organized inter­ national cooperation.

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Contenuti

I. Privileges and Immunities in International Law.- I Foreign States.- (i) Recent trends towards the abandonment of the theory of absolute immunity of States.- (ii) Proposals of unofficial bodies, the League of Nations, and the United Nations.- (iii) British practice.- (iv) American practice.- (v) Conclusion.- II. The Legal Status of Armed Forces in Foreign Territory During Peacetime.- (i) Theories on the immunity of the armed forces.- (ii) The theory of qualified immunity is the most accepted theory.- (iii) Some recent agreements on the status of visiting forces.- (a) Status of Members of the Armed Forces of the Brussels Treaty Powers (1949).- (b) Nato Status of Forces Agreement.- (c) Agreement Concerning Questions Connected with the Presence of Soviet Forces on East German Territory.- (d) Agreement on the Legal Status of the Soviet Forces Temporarily Present on the Territory of the Hungarian People’s Republic.- (e) Agreement on the Legal Status of Soviet Troops Temporarily Stationed in Poland.- (iv) Conclusion.- III. Public Vessels.- (i) Public armed vessels.- (ii) Public vessels engaged in commerce.- IV. Diplomatie Agents.- (i) Theoretical basis of diplomatie immunities.- (ii) Recent trends in the law of diplomatic immunities.- (iii) A review of the draft articles on diplomatic intercourse and immunities adopted by the International Law Commission of the United Nations during its tenth session.- (iv) Conclusion.- II. The Legal Status, Privileges and Immunities of the Specialized Agencies of the United Nations and Certain other International Organizations and their Headquarters.- (i) The legal basis of privileges and immunities of the Organizations.- (ii) Juridical personality and legal capacity of the Organizations.- (iii) Applicability of local laws within the headquarters of the Organizations.- (a) Power to make regulations applicable within the headquarters area.- (b) Transactions taking place within the headquarters of the Organizations.- (c) Crimes committed within the headquarters of the Organizations.- (iv) Inviolability of the headquarters of the Organizations.- (a) Immunity from search of the headquarters and property of the Organizations located therein.- (b) Right of the authorities of the host State to enter the headquarters of the Organizations.- (c) Use of the headquarters of the Organizations as places of asylum.- (v) Duty of the host State to ensure the protection of the head quarters of the Organizations.- (vi) Fiscal and other immunities enjoyed by the Organizations.- (vii) Communication facilities enjoyed by the Organizations.- (viii) Prevention of abuse of privileges and immunities by the Organizations.- III (A) Privileges and Immunities of the Officials of the Specialized Agencies of the United Nations and Certain other International Organizations.- (i) Immunity from legal process.- (ii) Personal inviolability.- (iii) Exemption from national income taxation.- (iv) Exemption from national service obligations.- (v) Customs exemptions and import facilities.- (vi) Exemption from immigration restrictions and alien registration.- (vii) Exchange and repatriation facilities.- (viii) Travel facilities.- (ix) Waiver of immunity.- III(B) Privileges and Immunities of Executive Heads and other Senior Officials.- III(C) The Right of the Host State to Expel the Officials.- IV. Privileges and Immunities of Representatives of Member States to the Specialized Agencies of the United Nations and Certain other International Organizations.- (i) Personal inviolability and inviolability of papers and documents.- (ii) Immunity from legal process.- (iii) Freedom from taxation.- (iv) Freedom of communication.- (v) Exemption from immigration restrictions, alien registration and national service obligations.- (vi) Currency or exchange facilities.- (vii) Customs and other facilities.- (viii) Representatives of the nationality of the host State.- (ix) Waiver of immunity.- (x) Resident or permanent representatives.- (xi) Right of the host State to expel the representatives.- V. Privileges and Immunities of Experts on Missions for the Specialized Agencies of the United Nations and Certain other International Organizations.- (i) Personal inviolability.- (ii) Immunity from legal process.- (iii) Freedom from taxation.- (iv) Currency or exchange facilities.- (v) Inviolability of papers and documents.- (vi) Communication facilities.- (vii) Exemption from immigration restrictions, alien registration and national service obligations.- (viii) Travel and baggage facilities.- (ix) Waiver of immunity.- VI. Conclusions and Observations.- Cases.

Dettagli dell'edizione

• Editore: Springer
• Data di pubblicazione: 1964
• Lingua: Inglese
• ISBN 10: 9401503923
• ISBN 13: 9789401503921
• Rilegatura: Copertina flessibile
• Numero di pagine: 248
• Contatto del produttore: non disponibile
• Persona responsabile: CMN Printpool Inh. Mathis Neumann; https://www.also.com/ec/cms5/en_6000/6000/index.jsp; ; Friedrich-Karl-Str. 9; Hamburg; Germania