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25 German Y.B. Int'l L. 476 (1982)
Legal Basis for Suspension and Expulsion of a State from an International Organization

handle is hein.journals/gyil25 and id is 476 raw text is: 








          Legal Basis for Suspension and Expulsion
       of a State from an International Organization

                            Jerzy Makarczyk

                            I. Introduction
   From the viewpoint of law, the participation of a state in an international
organization is always the result of a freely expressed will, ensuing from the
conviction that the organized cooperation with other states will bring advan-
tages outweighting the costs, which are often considerable. But at least in respect
of some fields of cooperation, this freedom of decision seems more and more
an illusion, and the participation in the organizations becomes a precondition
of any role to be played by a state in a growing number of domains of inter-
national relations. It is indeed difficult for a country willing to play an active role
in air transportation to remain outside International Civil Aviation Organization
(ICAO), or wishing to develop nuclear techniques for peaceful use and not
belonging to International Atomic Energy Agency (IAEA). The technical
progress permitting to exploit by common effort the until now unaccessible to
man natural resources will soon put a state into a position where the non parti-
cipation in an international organization will mean exclusion from the profits.
These are clear-cut examples. We may quote other cases in which the necessity
to belong is not so obvious, if essential, as the International Bank for Recon-
struction and Development (IBRD) and especially the International Devel-
opment Assocation (IDA) for the developing countries. The absence from poli-
tical organizations is being considered by practically all countries an impos-
sibility, as well on the global sphere as on the regional ones. The same is true
for economic cooperation, as may be clearly seen by the number of states
wishing to join the European Economic Community, nonobstant the high
economic cost of such a decision.
  These phenomena have a great impact on the mutual relationship between
the organizations and their members, permitting some authors to speak in respect
of several organizations of a domination-submission character of this relation-
ship. Such attitudes are still rather exceptional, can be traced among lawyers
serving in some international organizations as legal counsels and consequently
viewing the organized international cooperation more or less as an aim in itself
rather than a voluntary community of states joining for the accomplishment

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