The Rule of Lex Specialis, as a Field for the Operation of Principle of Specialty of International Organization

Abstract

The principle of specialty of international organizations requires that rights and obligations of each organization is a function of the scope of the powers entrusted to it by the members. This principle can play an effective role in the legal regime of this kind of subjects of international Law, including international responsibility. The draft articles on the responsibility of international organizations adopted by international law commission in 2011 has taken into account this principle in the certain manner so that it implies a median approach. The commission while accepting the importance of this principle in the law of international organizations, refused to accept it as a basis for the provisions relating to the responsibility of international organizations, but in other ways mainly by relying on the rule of Lex specialis has tried to make it operational. This rule, that involves the superiority of specific law to general law, has been declared in article 64 of draft articles on the responsibility of international organizations and considered as a field for observance of specific legal conditions of international organizations in dealing with the general rules of international responsibility. This article, with the aim of explaining of the position of specialty of international organizations in regulations of their international responsibility, has examined the specific approach of the international law commission on this issue

Keywords

• words: principle of specialty
• international organizations
• international responsibility
• the rule of lex specialis