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Settlement of Internal Disputes

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Chapter Summary

The exercise by an intergovernmental organization (IGO) of its legislative and administrative functions frequently gives rise to internal legal disputes. This chapter discusses the various modes of settlement in relation to these different types of disputes, in particular to establish to what extent judicial powers may be exercised in these respects by the organization, even if its constitution does not provide for judicial powers, and by external courts. External disputes of national or international law is touched upon in special contexts. By virtue of their inherent powers, IGOs can establish courts to afford judicial protection to member States, officials and private parties against abuse by the organization or its officials of their powers, even if there is no provision in the constitution of the organization authorizing it to establish such courts or to provide modes of settlement of such disputes, and even if no other treaty so provides.

Keywords:constitutional provisions; intergovernmental organization (IGO); internal legal disputes; international court; judicial settlement

10.1163/ej.9789004166998.i-606.45
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