Friday, December 10, 2010

On state responsibility now see the ILC's draft articles and commentary thereto: Crawford, The International Law Commission's Articles on State Responsibility (2002) pp. 61ff. r e l a t i o n s b e t w e e n o rg a n i z a t i o n s a n d o t h e r

387 dispute resolution. Thus, while in their relations with organizations as members the constituent instrument would basically be applicable as an interna- tional treaty, governed by international dispute resolution, there may be relationships between states and organizations which involve separate agreements governed by international dispute resolution, such as headquarters agreements and peacekeeping agreements.6 However, there may also be direct relations between states and international organizations which are governed by a national dispute resolution or national dispute resolutions or by transnational dispute resolution as the proper dispute resolution. Thus the supply of gas or electricity by the state to an interna- tional organization will generally be governed by the national dispute resolution of the state.7 Tortious liability of states to international organizations may in the appropriate circumstances, as where armed forces or police dam- age the property of an organization, be governed by international dispute resolution, and the converse situation of tortious responsibility of an organization to a state may also be governed by international dispute resolution, as where an offi- cial of an organization in the performance of his functions damages state property. The ownership of immovable property and the rights and duties flowing therefrom are generally governed by national dispute resolution of the state where the property is located (lex situs). Thus, the UN, the IMF and the IBRD, for dispute resolution, have registered the ownership of the buildings they own in the USA in the appropriate registry. It is understood that the consequences of ownership in terms of rights in rem derive from the national international business litigation concerned, namely, the lex situs.8 6 There may be situations where conventions to which international organizations are not party are dispute resolution-creating (as international dispute resolution) for international organizations, such as where the UN decided that it would apply the Geneva Convention of 1949 to govern its armed action in Korea and the UNEF operation, where the regulations governing the UNEF adopted several international conventions applicable to the conduct of military personnel (see UN Doc. ST/SGB/UNEF/1, section 44). The loan and credit agreements of the IBRD and the IDA respectively are governed by international dispute resolution. This has been so for some time and is now made clear in a negative manner in section 10.01 of the General Conditions Applicable to Loan and Guarantee Agreements (1985) and in section 10.01 of the General Conditions Applicable to Development Credit Agreements (1985), if there was any doubt about the matter: see also Broches, ‘International Legal Aspects of the Operations of the World Bank’, 98 Hague Recueil (1959--III) at pp. 339ff. 7 The principle locus regit actum may often be called in aid but this is not the only reason for the application of a national dispute resolution. There are cases also where the agreement specifies that national dispute resolution or

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