APPENDIX ONE: A List Of Global Organizations

This Appendix consists of descriptions of global organizations, or at any rate those with sufficient clout to have some sort of global importance, many mentioned in the text of the book, under the four headings: 'Economic', 'Political', 'Cultural' and 'Legal'. Web addresses are also given.

Readers are invited to suggest organizations to be included in the lists. If you want to propose one, please write to mgbell@agenthuman.com, with Futures in the subject line, making your proposal and giving a description of the organization concerned in up to 200 words.

 SECTION C: LEGAL ORGANIZATIONS

Association for International Arbitration: http://www.arbitration-adr.org/

The Association for International Arbitration (AIA) works towards promotion of Alternative Dispute Resolution in general and Arbitration in particular, as a means of dispute resolution and strives to bring together the global community in this field, be it as professionals in the form of Judges, Lawyers, Arbitrators, Mediators or as Academicians as well Research Scholars and Students.

Court of Arbitration for Sport: http://www.tas-cas.org/

The Court of Arbitration for Sport came into existence in the 1980s. At the beginning of the 1980s, the regular increase in the number of international sports-related disputes and the absence of any independent authority specializing in sports-related problems and authorized to pronounce binding decisions led the top sports organizations to reflect on the question of sports dispute resolution.

In 1983, the Internation Olympic Committee officially ratified the statutes of the CAS, which came into force on 30 June 1984. The CAS Statute of 1984 was accompanied by a set of procedural Regulations. Both were modified slightly in 1990. In 1991, the CAS published a Guide to arbitration which included several model arbitration clauses. Among these was one for inclusion in the statutes or regulations of sports federations or clubs. This clause read as follows: "Any dispute arising from the present Statutes and Regulations of the ... Federation which cannot be settled amicably shall be settled finally by a tribunal composed in accordance with the Statute and Regulations of the Court of Arbitration for Sport to the exclusion of any recourse to the ordinary courts. (Author's italics.) The parties undertake to comply with the said Statute and Regulations, and to accept in good faith the award rendered and in no way hinder its execution."

Up to 1991-1992, a wide variety of cases were submitted to the CAS involving issues such as the nationality of athletes and contracts concerning employment, television rights, sponsorship and licensing. With the appearance of the appeals arbitration clause, numerous doping cases were subsequently brought before the CAS, and it was as the result of, or thanks to one such case that the structure of the CAS would have to evolve.

In February 1992, a horse rider named Elmar Gundel lodged an appeal for arbitration with the CAS on the basis of the arbitration clause in the FEI statutes, challenging a decision pronounced by the federation. This decision, which followed a horse doping case, disqualified the rider, and imposed a suspension and fine upon him. The award rendered by the CAS on 15 October 1992 found partly in favour of the rider (the suspension was reduced from three months to one month: see arbitration CAS 92/63 G. v/ FEI in Digest of CAS Awards 1986-1998). Unhappy with the CAS decision, Elmar Gundel filed a public law appeal with the Swiss Federal Tribunal. The appellant primarily disputed the validity of the award, which he claimed was rendered by a court which did not meet the conditions of impartiality and independence needed to be considered as a proper arbitration court.

In its judgement of 15 March 1993 (published in the Recueil Officiel des Arrêts du Tribunal Fédéral [Official Digest of Federal Tribunal Judgements] 119 II 271), the Federal Tribunal (FT) recognised the CAS as a true court of arbitration. However, the Gundel judgement led to a major reform of the Court of Arbitration for Sport. First of all, the CAS Statute and Regulations were completely revised to make them more efficient and to modify the structure of the institution, to make it definitively independent of the IOC which had sponsored it since its creation. The biggest change resulting from this reform was the creation of an "International Council of Arbitration for Sport" (ICAS) to look after the running and financing of the CAS, thereby taking the place of the IOC.

Other major changes were to create two arbitration divisions (Ordinary arbitration division and Appeals arbitration division) in order to make a clear distinction between disputes of sole instance and those arising from a decision taken by a sports body. Finally, the CAS reforms were definitively enshrined in a new "Code of Sports-related Arbitration", which came into force on 22 November 1994.

The creation of the ICAS and the new structure of the CAS were approved in Paris, on 22 June 1994, with the signing of the "Agreement concerning the constitution of the International Council of Arbitration for Sport", known as the "Paris Agreement". This was signed by the highest authorities representing the sports world, viz. the presidents of the IOC, the Association of Summer Olympic International Federations (ASOIF), the Association of International Winter Sports Federations (AIWF) and the Association of National Olympic Committees (ANOC).

The preamble of the Agreement states that "with the aim of facilitating the resolution of disputes in the field of sport, an arbitration institution entitled the "Court of Arbitration for Sport" (hereinafter the CAS) has been created, and that, with the aim of ensuring the protection of the rights of the parties before the CAS and the absolute independence of this institution, the parties have decided by mutual agreement to create a Foundation for international sports-related arbitration, called the "International Council of Arbitration for Sport" (hereinafter the ICAS), under the aegis of which the CAS will henceforth be placed."

Since the Paris Agreement was signed, all Olympic International Federations but one, and many National Olympic Committees have recognised the jurisdiction of the CAS and included in their statutes an arbitration clause referring disputes to the CAS.

In principle, two types of dispute may be submitted to the CAS: those of a commercial nature, and those of a disciplinary nature.

The first category essentially involves disputes relating to the execution of contracts, such as those relating to sponsorship, the sale of television rights, the staging of sports events, player transfers and relations between players or coaches and clubs and/or agents (employment contracts and agency contracts). Disputes relating to civil liability issues also come under this category (e.g. an accident to an athlete during a sports competition). These so-called commercial disputes are handled by the CAS acting as a court of sole instance.

Disciplinary cases represent the second group of disputes submitted to the CAS, of which a large number are doping-related. In addition to doping cases, the CAS is called upon to rule on disciplinary cases following violence on the field of play, abuse of a referee or ill treatment of horses.

Such disciplinary cases are generally dealt with in the first instance by the competent sports authorities, and subsequently become the subject of an appeal to the CAS, which then acts as a court of last instance. In 2000, disciplinary cases accounted for 65% of the total number of cases handled by the CAS.

Decisions of the CAS can be appealed to the Federal Supreme Court of Switzerland. However, few appeals are successful; by 2012 only seven had succeeded, of which six were procedural.

European Court of Human Rights (ECHR): http://www.echr.coe.int/ECHR/

The ECHR in Strasbourg was created to hear complaints under the Convention for the Protection of Human Rights and Fundamental Freedoms which was adopted by the Council of Europe in 1950.

Member states or individual citizens can bring cases to the Court; cases are always directed against one of the 47 member states which are parties to the Convention.

The ECHR has been highly successful, if the size of its case load is any measure. The Court received 5,981 applications in 1998, its first full year of operation in its new form. By 2009, this number had risen to more than 50,000.

The European Court of Justice: http://curia.europa.eu/

The ECJ is the dispute resolution forum of the European Union. Litigants may include governments, the European Commission or one of its agencies, private companies or individuals. Litigants do not necessarily have to be from EU Member States, but the ECJ accepts only cases referring to EU Treaties (Rome, Nice, Maastricht and Lisbon) and community legislation.

Given the importance of the EU's 28 member states on the world stage, the ECJ has to be counted as a global organization in terms of the impact of its judgments. Certainly it is a supranational organization; even in direct taxation, one of the 'red lines' which EU competencies are supposedly not allowed to cross, recent 'level playing field' judgments of the ECJ over dividend taxation and corporation tax have started to put severe limits to the freedom of action of national tax authorities.

International Bar Association: http://www.ibanet.org/

The International Bar Association (IBA) was formed in 1947 and comprises 30,000 individual lawyers and over 195 Bar Associations and Law Societies. It aims to influence the development of international law reform and shape the future of the legal profession.

International Court of Arbitration: http://www.iccwbo.org/court/

There are a number of arbitration forums world-wide, but the most prominent is that of the International Chamber of Commerce, founded in 1923, four years after the founding of the ICC itself. Since 1999, the Court has received new cases at a rate of more than 500 a year. International commercial arbitration has a long modern history, and was widely used in the 19th century. It will come as a surprise to many, perhaps, that there is a commercial arbitration tribunal in Moscow which originated in the 19th century, was suspended during Bolshevism (but never abolished) and is now again active in resolving international disputes. As with all other international arbitration fora, its writ is accepted by businesses anywhere which choose to use its arbitration to resolve disputes. Imagine, in contrast, trying to use the Russian State commercial courts (confusingly but tellingly labelled 'Arbitrazh' courts) to resolve an international dispute.

International Court of Justice: http://www.icj-cij.org/

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. The Court's main functions are to settle legal disputes submitted to it by states and to give advisory opinions on legal questions submitted to it by duly authorised international organs and agencies. The US withdrew from the ICJ's mandatory jurisdiction in 1986, but in general there has been increasing willingness among nations to use the court.

International Criminal Court http://www.icc-cpi.int/

The International Criminal Court (ICC) was established in 2002 as a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression. The ICC is designed to complement existing national judicial systems: the Court can only exercise its jurisdiction when national courts are unwilling or unable to investigate or prosecute such crimes, thus being a "court of last resort". The United States has refused to participate in the ICC.

International Law Association: http://www.ila-hq.org/

The ILA was founded in Brussels in 1873 and currently has 3,700 members. Its objectives, under its Constitution, are "the study, clarification and development of international law, both public and private, and the furtherance of international understanding and respect for international law". The ILA has consultative status, as an international non-governmental organisation, with a number of the United Nations specialised agencies.

The ILA's International Committees are established to undertake research and to prepare reports on carefully selected areas of international law. The reports take various forms: a re-statement of the law; a draft treaty or convention; an elaboration of a code or rules or principles of international law; or a review of recent developments of law or practice.

Committees include:

Aspects Of The Law Of State Succession
Compensation for Victims of War
Cultural Heritage Law
Feminism and International Law
International Civil Litigation & the interests of the public
International Commercial Arbitration
International Criminal Court
International Family Law
International Human Rights Law And Practice
International Law on Biotechnology
International Law on Foreign Investment
International Law on Sustainable Development
International Monetary Law
International Securities Regulation
International Trade Law
Islamic Law & International Law
Non-State Actors
Outer Continental Shelf
Rights of Indigenous Peoples
Space Law
Teaching of International Law
Use of Force
Diplomatic Protection of Persons and Property
Transnational Enforcement of Environmental Law
Accountability of International Organisations
Arms Control and Disarmament Law
Water Resources Law
International Civil and Commercial Litigation
Refugee Procedures
Legal Aspects of Sustainable Development
Formation of Customary (General) International Law
Internally Displaced Persons
Coastal State Jurisdiction over Marine Pollution

The International Law Commission

The International Law Commission (ILC) was established by the General Assembly of the United Nations in 1948 with the purpose of codifying and promoting international law, following up on previous, more or less unsuccessful attempts to do the same thing originating in the 18th century.

Members of the ILC serve in their individual capacities as persons of recognized competence in international law; conventions resulting from their work are agreed (or not) by member states of the UN. In practice, the Commission’s work on a topic usually involves some aspects of the progressive development as well as the codification of existing international law, with the balance between the two varying depending on the particular topic. The ILC's founding Statute says that the Commission “shall concern itself primarily with public international law, but is not precluded from entering the field of private international law”. For more than fifty years, however, the Commission has worked almost exclusively in the field of public international law.

The work of the ILC has in fact been very productive. Among its progeny are:

The Nürnberg Principles
The Law of the Sea
The Vienna Convention on the Law of Treaties
The Vienna Convention on Succession of States in respect of Treaties
The Vienna Convention on Diplomatic Relations
Convention on the Reduction of Statelessness
The Draft Articles on the Responsibility of States for Internationally Wrongful Acts; and
The International Criminal Court (see above)

Union Internationale des Avocats: http://www.uianet.org/index.jsp

The UIA, created in 1927, is an association open to all lawyers of the world, made up of both general and specialist practitioners, counting more than 200 bar associations, organisations or federations (representing nearly two million lawyers) as well as several thousand individual members from over 110 countries.

Its objectives are:

  • To promote the basic principles of the legal profession;
  • To participate in the development of legal knowledge at an international level;
  • To contribute to the establishment of an international legal order based on the principles of human rights and justice among nations, through the law and for the cause of peace'
  • To co-operate as a Non Governmental Organisation (NGO), with the activities of national and international organisations;
  • To establish relations and exchanges between bars, bar associations and law societies at an international level;
  • To defend the profession.

Since it was created, the UIA has adopted resolutions of a general nature, as well as specific charters dealing with matters linked to the legal profession. The UIA says that these charters are implemented worldwide thanks to the support of active UIA members present in all continents, and in particular thanks to the UIA's actions within the framework of international organisations.

Resolutions and charters include:

Charter on the Right to Health
Resolution on the abolition of capital punishment
Resolution on Children's Rights
The Lawyer, the Peace and the Development
The Charter for the Defence of Minorities Human Rights
International Charter Regarding Access to Justice for All
International Charter of Legal Rights
Turin Principles of Professional Conduct for the Legal Profession on the 21st Century
UIA Standards for Lawyers establishing a Legal Practice outside their Home Country
Resolution on Professional Secrecy in the European Union
Resolution on Multidisciplinary Practices (MDPs)

The United Nations Commission on International Trade Law (UNCITRAL)

UNCITRAL was established by the United Nations General Assembly in 1966 and has a mandate to further the progressive harmonization and modernization of the law of international trade by preparing and promoting the use and adoption of legislative and non-legislative instruments in a number of key areas of commercial law.

At its first session, in 1968, after considering a number of suggestions by member States, the Commission adopted nine subject areas as the basis of its work programme: international sale of goods; international commercial arbitration; transportation; insurance; international payments; intellectual property; elimination of discrimination in laws affecting international trade; agency; and legalization of documents.

The areas tackled so far include dispute resolution, international contract practices, transport, insolvency, electronic commerce, international payments, secured transactions, procurement and sale of goods. Some other topics have been left to specialized international organizations to take the initiative, such as intellectual property by the World Intellectual Property Organization (WIPO).

UNCITRAL works by:

  • Coordinating the work of organizations active in this field and encouraging cooperation among them;
  • Promoting wider participation in existing international conventions and wider acceptance of existing model and uniform laws;
  • Preparing or promoting the adoption of new international conventions, model laws and uniform laws and promoting the codification and wider acceptance of international trade terms, provisions, customs and practices, in collaboration,
    where appropriate, with the organizations operating in this field;
  • Promoting ways and means of ensuring a uniform interpretation and application of international conventions and uniform laws in the field of the law of international trade;
  • Collecting and disseminating information on national legislation and modern legal developments, including case law, in the field of the law of international trade;

Members are selected from among States Members of the United Nations, and has been increased several times, most recently to 60 in 2005. Texts agreed by UNCITRAL working groups are adopted by consensus, and presented to the UN General Assembly, after which individual member states are called upon to ratify the resulting instruments or conventions.

UNCITRAL maintains close links with international and regional organizations, both intergovernmental and nongovernmental,
that are active participants in the work of UNCITRAL and in the field of international trade law in order to facilitate the exchange of ideas and information. Those organizations include the International Maritime Committee; the Commercial Finance Association; the Hague Conference on Private International Law; the International Association of Restructuring, Insolvency and Bankruptcy Professionals; the International Bar Association; the International Chamber of Commerce; the International Institute for the Unification of Private Law (Unidroit); the Organization of American States; the Organization for Economic Cooperation and Development; UNCTAD; the United Nations regional commissions; the World Bank; WIPO; and the World Trade Organization.

UNCITRAL has prepared the following conventions:

  • Convention on the Limitation Period in the International Sale of Goods (1974);
  • United Nations Convention on the Carriage of Goods by Sea (1978);
  • United Nations Convention on Contracts for the International Sale of Goods (1980);
  • United Nations Convention on International Bills of Exchange and International Promissory Notes
    (1988);
  • United Nations Convention on the Liability of Operators of Transport Terminals in International Trade (1991);
  • United Nations Convention on Independent Guarantees and Stand-by Letters of Credit (1995);
  • United Nations Convention on the Assignment of Receivables in International Trade (2001);
  • United Nations Convention on the Use of Electronic Communications in International Contracts (2005)

UNCITRAL also prepares model laws, which have included the UNCITRAL Model Law on International Commercial Arbitration (1985), the UNCITRAL Model Law on International Credit Transfers (1992); the UNCITRAL Model Law on Procurement of Goods, Construction and Services with Guide to Enactment (1994); the UNCITRAL Model Law on Electronic Commerce with Guide to Enactment (1996); the UNCITRAL Model Law on Cross-Border Insolvency with Guide to Enactment (1997); the UNCITRAL Model Law on Electronic Signatures with Guide to Enactment (2001); and the UNCITRAL Model Law on International Commercial Conciliation with Guide to Enactment (2002).

UNCITRAL also prepares legislative recommendations, for instance the Legislative Guide on Privately Financed Infrastructure Projects, the Legislative Guide on Insolvency Law, and the Model Legislative Provisions on Privately Financed Infrastructure Projects.

The model laws and legislative recommendations are offered to member states, and many have indeed adopted them, often with little or no alteration.