Exclusion from Participation in International Organisations: The Theory and Practice Behind Member States' Expulsion and Suspension of MembershipThis volume deals with expulsion from and suspension of membership rights in international organisations. This is an area of the law of international organisations which has attracted limited attention by academic writers. The book examines some 35 different international organisations by analysing the relevant provisions in their constitutive instruments and, where available, discussing the practice. Additionally, it describes in considerable detail the practice of rejecting delegations' credentials as a means of excluding Member States from participation. Moreover, it suggests solutions for those international organisations lacking expulsion and/or suspension clauses by applying the Vienna Convention on the Law of Treaties and the theory of countermeasures in international law, especially as codified by the International Law Commission. Finally, the book offers a model expulsion and suspension clause to be incorporated in existing or future international organisations. |
Contents
PROLEGOMENA | 1 |
THE REGULATION OF SUSPENSION OF MEMBERSHIP | 2 |
Chapter A THE LEAGUE OF NATIONS | 7 |
Chapter B EXPULSION FROM THE UNITED NATIONS | 31 |
EXPULSION FROM SPECIALIZED AGENCIES AND REGIONAL | 62 |
The Regional Organisations | 73 |
Africa | 88 |
Other Organisations | 95 |
Chapter E SUSPENSION OF MEMBERSHIP RIGHTS IN OTHER ORGANISATIONS | 131 |
Chapter F THE CONTEMPORARY PRACTICE OF INSERTING SUSPENSION | 165 |
Chapter G THE USE OF THE PROCEDURE FOR ACCEPTING DELEGATIONS | 203 |
Chapter H APPLYING THE VIENNA CONVENTION ON THE LAW OF TREATIES | 231 |
EPILOGUE AND CONCLUSIONS | 259 |
BIBLIOGRAPHY | 275 |
| 299 | |
SUSPENSION OF MEMBERSHIP RIGHTS IN THE UNITED NATIONS | 103 |
Common terms and phrases
14 December According to Article adopted Advisory Opinion Agreement AJIL amendment apartheid April argued argument Assembly breach Charter COMESA Commission Committee Commonwealth conclusion Conference Congress considered constitutive instrument Council of Europe countermeasures Court of Justice Covenant credentials decide decision Declaration delegation dispute draft economic effect enforcement action envisaged established European Community exclusion expulsion clause Finland force Human Rights IAEA ibid ICAO ICLQ infractions INMARSAT International Law international organisations invoked Iraq Judgment June Law of Treaties League of Nations Liberia LNOJ Martinus Nijhoff measures membership rights November obligations October organ participation political powers principles procedure proposal provision question recalcitrant Member recommendation relations Report reproduced rule sanctions SC Resolution Security Council Session signatory parties South Africa Soviet Specialized Agencies Statute stipulates supra note suspended Member suspension clause termination tion Tribunal UN Charter UNESCO United Nations UNTS USSR Vienna Convention Vol.II voting withdrawal YBUN