PUBLIC INTERNATIONAL LAW

SUBSISDARY ORGANS IN INTERNATIONAL LAW

INTRODUCTION:
Most of the international organisations in the world have a clear definition of the powers
the organisation possesses. This definition is usually in the form of a Charter or another
document or treaty to this end. In the documents, the structure of the organisation is set
out, and an example of this is the Charter of the United Nations, hereinafter referred to as
UN Charter. The organs establish principal organs to perform the functions of the
organisation. International organisations are moulded in the same shapes for the most
part, and the United Nations is not an exception to this could. In order for the
organisation to be efficient, there need to be a specific division of what powers the
different organs possess, and they have to be able to establish subsidiary organs when
there is a need for this.
The term subsidiary organ is, as I just mentioned, not defined in the UN Charter.
Neither has it been defined in any practice of the UN principal organs. Some authors
make their own definitions, as an example, Kelsen uses the wording of articles 22 and 29
when he makes a definition of the term subsidiary, and says that these types of organs are
auxiliary organs that are established to assist in the work of the organ competent to
establish them. As for the terminology of the expression, the term subsidiary organ is
not the only term used. Sometimes the expressions committees, commissions,
subsidiary bodies and subordinate bodies are used, but they all have fall within the
scope of the term subsidiary organs according to the Repertory of Practice of United
Nations Organs. A subsidiary organ is, as we have seen above and will see below, an
organ of the UN, created by one or more of the principal organs. The only document in
which we can find a definition is a document from the Secretariat of the UN in 1954.

RESEARCH OBJECTIVES: The researcher has the following broad research

objectives:
1. To understand the role of Subsidiary Organs in International Law
2. To discuss its applicability under the functioning of International Law
3. To identify and bring into limelight the loopholes in its functioning under the
ambit of International Law
4. To suggest suitable remedies to remedy the same.

RESEARCH QUESTIONS:
(a)Whether a subsidiary organ is created by, or under the authority of, a principal
organ of the United Nations?
(b)Whether the membership, structure and terms of reference of a subsidiary
organ are determined, and may be modified by, or under the authority of, a
principal organ?
(c) Whether a subsidiary organ may be discontinued by, or under the authority of,
a principal organ?

Research Methodology:
The research methodology adopted is purely
doctrinal in nature. The research is basically descriptive, critical, comparative
and analytical oriented research which deploys deductive type of logical
reasoning.

Conclusion:
Subsidiary organs in International Law have always a secondary
role but yet significant role to play. In this connection, these organs have
always been overlooked by the significant organs in the international arena.
These organs are specifically targeted in addressing certain global issues and
hence its presence and recognition shouldnt be underestimated under any
costs. The question on the legal establishment of subsidiary organs under
article 22 is rather open. The Members of the UN back in 1950, one could say
that the existence of the two ad hoc tribunals is no longer interesting since
they would no longer be necessary in the work of the SC. This is something I
will get back to later in the final chapter of the thesis.

Literature Review:
List of Books Referred:
1. E. Beyerly public International Law: A Guide to Information Sources (1991).
2. S.M. Kleckner public International law and International Organization:
International law Bibliography (1988).
3. J.G Merrills A Current Bibliography (1978).
4. Oppenheim International law (8th edn, 1955) Vol 1, pp 99-105.

List of Treaties Referred:

1. The United Kingdom Treaty Series (from 1892 onwards).
2. The League of Nations treaty Series.
3. The United Nations Treaty Series (Published in pursuance of article 102 of
the Charter.
4. International Labour Conventions and Recommendations adopted by the
I.L. Conference, (1919-1981).
5. International Protection of the Environment: Treaties and related Document
30 vols (1975-1983).
6. Multilateral Treaties: Index and Current status (Butterworths, Londan,
1984).

List of Judicial and Arbitral Decisions:

1. The case law of international Law 12 vols, 1952-1974
2. J.H.W Verzijl the jurisprudence of the world court vol I (1922-1940),
published 1965, and vol II (1947-1965), published 1966.
3. Annual Digest and reports of public international law cases.
4. British International Law cases (first vol. published 1964
5. United Nation report of International Arbitration award (RIAA), Moore
history and Digest of international Arbitrations to which the United states has
a party (18987) 6 vols the same authors International Adjudications Ancient
and Modern (1929-1936), A.M stuyt survey of International Arbitrations
1794-1989 (1990) and De La Pradelle and politics Recueil des Arbitrages
Internationausx.
6. Applied by International court and tribunals vol I general principle 3 rd edn,
1957), vol II, Law of Armed conflict(1968), Vol III, International
Constitutional Law(1976) and vol IV, International justice Law (1986).

S.Sylverster Raj
BA0130068