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Chapter Summary

This is the introductory chapter of this book, which deals with international organizations of states so-called intergovernmental organizations or IGOs as opposed to non-governmental organizations (NGOs). An important task for the book is to identify the relevant basic legal distinctions. The common law described in the book applies to international tribunals and to such mixed tribunals that have an international component, the latter also being organs under the national law of the host (or requesting) State. The external law and basic parts of the internal law are thus not normally found in constitutional and other conventions between the member States, but in customary law. A study of national jurisprudence has revealed that courts are very reluctant to use the consequences of a strict functionally limited personality concept which would provide them with a tool to abstain from adjudicating disputes involving intergovernmental organizations.

Keywords:common law; customary law; intergovernmental organizations (IGOs); national jurisprudence; non-governmental organizations (NGOs); public international law

10.1163/ej.9789004166998.i-606.7
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