LA NATURA GIURIDICA DELLE REGOLE DELLE ORGANIZZAZIONI INTERNAZIONALI

The thesis examines the legal nature of the ‘rules of international organizations’ as defined by the International Law Commission in its works on the law of treaties and on international responsibility. Chapter I frames the topic between the historical discourses on the development by international organizations of autonomous legal personalities and autonomous legal systems. The debates of the International Law Commission, of the International Law Association and of the Institut de droit international conclude this section, where four possible theories on the nature of the rules are envisaged. Chapter II discusses the definition of the rules looking at the sources of the law produced by international organizations. It distinguishes between institutional instruments, general principles, secondary law, practice, judicial decisions and agreements with third parties. It identifies relevant cases in which the different natures of the rules may have direct effects in their application. Chapter III challenges the four theories on the nature of the rules looking at the characteristics of the legal systems produced by international organizations. It develops what has been called “the dual legality of the rules of international organizations”. Chapter IV analyses the consequences of the dual legality in some issues concerning the law of treaties, the international responsibility and the validity of the rules.