The relationship between international organization and international law is closely connected

because the Emergence of international organization was caused to resolve the disputes among
the states of the world. Whereas, international laws practiced by the states to continue a mutual
relationship by protecting state sovereignty. Here both the law and organizations aim is to protect
the world from any destruction which may arise from the dispute among the states such as World
war one and two.
The definition of International law is usually describe as a combination of treaties and customs
which regulates the conduct of states amongst themselves, and persons who trade or have legal
relationships which involve the jurisdiction of more than one state 1 . On the other side
International Organization is defined by the International Law Commission, as an 'organization
established by a treaty or other instrument governed by international law and possessing its own
international legal personality'. They both make international law and are governed by it. Yet, the
decision-making process of international organizations is often 'less a question of law than one of
political judgments' 2 . Here, it can be seen that both International law and International
Organization is connected with the concept of treaty and inter relation among the states.
Now the sources of international law which are recognized by the authoritative statement are the
Statute of the International Court of Justice (ICJ), Article 38, which specifies that the Court, in
deciding disputes, shall apply:

international conventions, whether general or particular, establishing rules expressly

recognized by the contesting states;

international custom, as evidence of a general practice accepted as law;

the general principles of law recognized by civilized nations;

Subject to the provisions of Article 59, judicial decisions and the teachings of the most
highly qualified publicists of the various nations, as subsidiary means for the
determination of rules of law.

http://www.duhaime.org/LegalDictionary/I/InternationalLaw.aspx, 11/13/15
http://www.peacepalacelibrary.nl/research-guides/international-organisations-and-relations/internationalorganizations/, 11/13/15
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The first three of these--treaties, custom, and principles of law--are as "primary sources" of
international law by the lawyers and librarians. The last two--judicial decisions and the teachings
of publicists--are sometimes referred to as "secondary sources" or evidence of international law
rules. Even if the decisions of the ICJ itself do not create binding precedent, its case law is
considered as secondary sources. And "teachings of publicists" include the work of organizations
such as the International Law Commission and private institutions. More recent discussions of
the sources of international law, recognizing the growing role of international organizations,
include the resolutions and other acts of international governmental organizations, such as the
United Nations, as sources or evidence of international law.
International convention or treaties are also known as pact, agreement, convention and charter.
All treaties are created and recognized by international organizations such as UN, UNESCO,
WTO, and NATO. Additionally the judicial decision of ICJ also consider as the sources of
international law which is also an international organization created in 1945. Furthermore
customary international laws which are derives from the state practices such as battlefield
behavior is also recognized and enforced by the United Nation Charted on Human Rights which
was adopted by the United Nation. Lastly international organization has international legal
personality and can participate in international relations in their own capacity. In this respect
their practice attributed to the formation of customary international law. Now the creation of the
international organization is based on the aim of upholding the international law to resolve the
dispute among the states for the international peace. So, in this point it can be said that the
sources of international law and creation of international organization is not different as they
developed depending on each other.
State sovereignty is the concept that states are in complete and exclusive control of all the people
and property within their territory. State sovereignty also includes the idea that all states are
equal as states. Since all states are equal in this sense, one State does not have the right to
interfere with the internal affairs of another state. Globalization is changing this view of
sovereignty, however. In the case of the Brazilian rainforest, Brazil may consider a rainforest
located wholly within its property an issue solely of internal concern. Canada may claim that the
world community has a valid claim on all limited rainforest resources, regardless of where the
rainforest is located, especially in consideration of issues like endangered species and air

pollution. This concept is upheld by the United Nation in the Stockholm Declaration of 1972 and
Rio declaration on Environment and Development of 1992. Similarly, states no longer view the
treatment of citizens of one state as only the exclusive concern of that state. International human
rights law is based on the idea that the entire global community is responsible for the rights of
every individual. And this principle is established by the Universal Declaration of Human Rights
through the United Nation General Assembly resolution 217 as a common standard of
achievements for all peoples and all nations. It sets out, for the first time, fundamental human
rights to be universally protected.
The enforcement of international law is depending on the mechanism of international
organization also. As, the nature of international law is non-binding, states usually show
reluctance to follow this laws. So, the punishment for non-compliance functions differently by
the international organization. States are more likely to fear tactics used by organization with
other states as reciprocity, collective action and shaming. For example- The measure of
collective action is taken by the United Nations by imposing a joint economic sanction, such as
restrictions on trade, on South Africa in the 1980s to force that country to end the practice of
racial segregation known as apartheid. Furthermore a recent example of shaming through
negative publicity was seen in May 2010, when the U.N. named the groups most persistently
associated with using child soldiers in Asia, Africa, and Latin America (United Nations, 2010).
By this means International Organizations forced states to comply with international law without
intervening in their domestic affair 3.
The concept of implementation of international law is directly or indirectly connects with
international organization. According to international law, if any state violates any international
obligation, other state can bring upon its member states 4 and if the member states does not
follow the judgment, the security council of United Nation have adequate power to take action
against the member states and the action can take the form of economic and trade sanction. For
example sanction has been imposed on Iraq, Somalia, and Angola. However, there is an
argument regarding sanction that Security Council have unlimited power to impose sanction
according to the wording of Art. 41 of the UN Charted. But it is evident that the Security Council
3
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Art. 94 of United Nation Charter

is bound to observe the principles of human rights law and norms of international law before
imposing any sanction. Here it can be seen that application of international law is upholding by
the International organization with balancing with the principle of international law.
From the above discussion it can be seen that the application of International Law is enhance
through the International Organization. By applying different means International Organization
ensure the application of International law to maintain the world peace. So, it can be said that
without International law, no International Organization can be created. Similarly without
International Organization the concept and application of International Law may not be survived.