خلاصة:
It was first in 1971 that the international law commission sought to include the issue of succession in international organizations in its long-term agenda. But finally, concluded that the scope of codification and progressive development of the law on this subject is limited. Therefore, there was no need to address this issue further. The main focus of the growth of the issue of succession in international organizations is in one of the advisories of the international court of justice, especially the advisory theory of july 11, 1950 on the international situation in south africa and in the doctrine. The question we seek to answer in this article is the possibility of substitution in the relations between international organizations. If so, the basis for the occurrence, as some of the judges of the court have claimed, could be automatic substitution. The hypothesis of the article is also based on the fact that despite the possibility of a split in international organizations, its basis can not be considered as an automatic replacement. In relations between international organizations, the succession is based on an agreement between the two organizations, and the treaty concludes the effects and results of the succession.
ملخص الجهاز:
In this regard, one can refer to the reasoning of the International Court of Justice in its 1950 advisory opinion, which considered the United Nations, by stating that trusteeship is an international institutional arrangement with an international purpose created for the benefit of the inhabitants of the territories and humanity as a whole, to be compelled to perform the function of supervising the trusteeship institution.
The manner of answering this question indicates approaches that may exist regarding the succession of international organizations in general, and the succession of the United Nations to the supervisory function of the Council of the League of Nations regarding the territory under the Union's mandate, in particular.
Or, in the absence of such an agreement, the only way that, in the opinion of this Court judge, the transfer of obligations related to reporting and supervision might be possible, is if succession between the League of Nations and the United Nations has occurred.
) What is evident from the Court's opinions is that the succession of international organizations was not denied by the Court; the only disagreement that existed among the judges in the aforementioned cases was not regarding the possibility of succession in its entirety, but rather regarding the occurrence of succession between the League of Nations and the United Nations specifically concerning the supervisory function over the territory under the trusteeship of South West Africa.