International organizations

principle of specialisation of competences/principle of allocation of competences

implicit/involvement powers

subsequent practice

Competence is a power of action to do something, it is to act which can also be an omission, i.e. not to act, competence is a power to act recognized by law.
There are skills that are simple faculties, in law we speak of a faculty when it is optional to act, it is an option, a possibility, but we do not oblige. There may be competences in the sense of an obligation, in some cases the administration must do X, Y, Z without having a discretionary margin.
The difference between jurisdiction and subjective right is that we are talking about jurisdiction when it comes to public bodies, a private person acting in a private capacity has no jurisdiction, but rights, duties and obligations, we distinguish between the public sphere on the one hand and the private sphere on the other.
This does not mean that an international organization cannot also have rights by analogy to a private person, an international organization has the right to take countermeasures outside the idea of a service rendered by an administration.
Principle of the specialty[править|править код]
The principle of specialization simply means that the international organization possesses only the powers or competences conferred on it by member States in principle in the constituent instrument. In other words, the organization has no original powers that it would hold by itself under its own law.
The organization is a "Spanish inn", there is nothing in it except what is brought in by the member states, the international organization does not have sovereignty.
Sovereignty is what allows the state to be a "super subject" that allows it to always act without being told that it has the power to do so, the organization has none, it must wait for powers to be granted. It is clear where the real power resides, it remains among the Member States.
The principle of speciality is a principle to which the Member States are committed, because it ensures that the organisation will remain controllable. States are susceptible in this regard.
The League of Nations did not even have a flag - states were afraid to mention a state anywhere.
The principle of speciality is recognised in practice, but also in case law.
In 1996, the United Nations General Assembly on the one hand and the World Health Organization on the other requested two separate advisory opinions from the International Court of Justice on an identical subject formulated very slightly differently, namely whether the use of nuclear weapons or the threat of their use is in all circumstances contrary to international law?
The Court has responded on the merits to the General Assembly's request, the Court has declined to respond on the merits to the almost identical request as the World Health Organization's; reason is basically a reason that refers to the principle of speciality that the Court mentions in this Advisory Opinion in Volume II of 1996.
The Court reasoned as follows: the World Health Organization has jurisdiction in health matters, it may be interested in the effects of nuclear weapons on health, but the World Health Organization has no political jurisdiction to deal with the legality or non-legality of the use of its weapons because its constituent instrument does not have any assigned jurisdiction in this area.
What is the legal consequence of this observation?
Quite simply, if the World Health Organization does not have jurisdiction over the lawfulness of the threat of the use of nuclear weapons, then it does not have the ability to put this question to the Court.
However, if the World Health Organisation does not have the competence to ask the question, then the Court does not have the competence to answer it, hence the refusal to answer this opinion based on the principle of speciality.
Implied/involvement power[править|править код]
Implicit or additional implied power can be used to achieve a competency.
This principle draws in the opposite direction that the previous argument, the principle of specialization restricts the competence of the international organization, which benefits member States, because any power that has not been attributed to the organization remains within the competence of member States. Sometimes, we try to establish additional skills through involvement.