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Contracts between international organizations and private law persons

The contracts of interactional organizations concluded with national natural or legal persons raise a number of problems, including the legal personality of international organizations under municipal law, the legal order relevant and applicable to such contracts, and the privileges and immunities of such organizations in so far as they exclude the jurisdiction of national courts or other means of dispute settlement in connection with such contracts. The main aspects of these problems are summarized below.

Applicable Law

States are not only ~ subjects of international law but also subjects of internal law, the law of their own legal order, and of the legal orders of other States that recognize them as subjects of internal law (~Recognition). In contracts between States and foreign private persons, it will be necessary to decide which legal order governs the contractual relations between the parties.

According to a view that was accepted in the 19th century the sovereign immunity to which States were entitled in foreign courts (~ State Immunity) meant that a State could be sued only in its own courts and under its own law (France: January 1, 1849, Recoil Sire, Casso civ. (1849 I) p. 81; England: Smith v. Weguelin [1869] L.R. 8 Eq. 198). This view, which derived from a con[1]fusion between the rules of jurisdiction and the rules on applicable law, is now no longer accepted.

Responsibility of States

Since the contracting State is a subject of international law, its behavior in connection with the contract may give rise to international responsibility (- Responsibility of States: General Principles) if the State of the contracting private party grants – diplomatic protection. A well-known example is that of the – Mavromattes Concessions Case

Internationalizing the Contract

Granting the general principles of law a place among the rules of law that constitute the law governing contractual rights and duties is not the same as deciding that the State’s contractual relationship is governed by international law in the sense of deriving its binding force directly from international law.

The existence of such an international obligation was accepted by the arbitrator in the Libya-Oil Companies Arbitration. The majority view, however, is that this can be achieved only through obligations derived from one of the established sources of international obligations.

List of Arbitral Awards

In view of the contribution of arbitration to the development of the law to date, a list is here given of the most important arbitral awards: Society Railed v. Ethiopia (1929), Recoil de decisions des Tribune arbitrary mixes, Vol.

Crimean war

The Crimean War is unique among the wars of the 19th century in being the only…..,. A war fought between the …..,. Great Powers are unconnected with the national questions of the time. It was rooted in the tangles of the “Eastern Question”, i.e. in the problem of the declining Turkish Empire and the strategic interests of the Great Powers in the political order of European Turkey in general and the Bosporus Straits in particular, the status of which had last been regulated by the Treaty of London in 1841 (…..,. Dardanelles, Sea of Marmara, Bosporus)

Of those powers who were interested in the area from the end of the 18th century onwards, Russia above all aimed at establishing full control over the Pontus region and, for strategic, religious, and commercial reasons, at gaining possession of the Dardanelles. Since her…..,. intervention in the Central European revolutions of 1848 to 1850, Russia’s exercise of power not only became increasingly self-confident but also took on the quality of a …..,. Hegemony within Central and Eastern Europe.

Last word

Holy Alliance came to an end and the divergence between Austria and Russia over the Balkans could never again thereafter be entirely bridged. The Crimean War brought the era of the ideologically determined foreign policies practiced after the restoration of the French monarchy by the two liberal Western powers on the one hand and the three conservative Eastern powers on the other to a complete end and heralded the rise of a new era of power-political realpolitik.

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