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Basic General Distinctions

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Chapter Summary

The concepts of "implied" and "inherent" capacity are sometimes confused, as they are both used to achieve the same result in substance. As for terminology, Skubiszewski appropriately points out that inherence is a factor different from implication. The terms "implied" and "inherent" are diametrically opposed in their points of departure. They apply in different fields according to the basic distinctions: "Inherent" applies to internal jurisdiction and to external capacity-while "implied" may apply exceptionally to extended jurisdiction. The internal law of an intergovernmental organization (IGO) may even be the applicable law pursuant to territorial or personal connecting factors in those special cases where an IGO has extended jurisdiction-over territory or over special categories of individuals e.g. refugees-but this is a different matter. It is clear that the internal law of IGOs is not part of public international law, but a distinct system of law for each organization-parallel to national (public) law.

Keywords:distinct legal system; implied powers; inherent powers; internal law; national public law; organic jurisdiction; personal connecting factors; public international law

10.1163/ej.9789004166998.i-606.23
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