Important cases

• CJ ‘Second Admissions’ Adv. Op. (1950) -> UNSC and UNGA needs to have balanced decision
• • First Admissions’ Adv. Op. (1948) -> exhaustive list condition, no conditions may be added
• • CJ‘ Reparations’ Adv.Op.(1949): 
  • IO’s international legal personality is inferred from it powers, purposes and practice
  • Os don’t only have powers implied by the constituent instrument as expression of the founders’ will.
• • ICJ ‘WHO Nuclear Weapons’ Adv. Op. (1996): 
  • Principle of Specialty -> refers to the idea that each international organization has a specific and limited mandate or scope of authority. International organizations are typically established to address particular issues or serve specific functions, and they are expected to operate within those defined boundaries.
  • Contrasts the broader functions and powers of the GA with the narrower ones of the WHO, hence the principle of speciality.
  • The case was criticized for ICJ’s narrow interpretation of WHO implied powers. 
• • ‘Certain Expenses’ Adv. Op. (1962): 
  • Shows more clearly the the UN has the capacity to exercise significant powers that are not directly dependent on the intent of its founders, but are accorded to it as independent international legal person 
• • Lockerbie
  • UNSC takes precedence over any international agreement
• Navida case

  • Resolutions are binding on UN member states