An Introduction to the Law of International Organizations
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Transcript An Introduction to the Law of International Organizations
International Organizations
By Palitha T.B. Kohona
Vientiane, 7 –9 October 2003
What is an International Organization?
Originally, only States were members of international
community
International and Inter-Governmental Organizations
(IGOs) slowly emerge as subjects of international law
– The first international organization is considered to be the
International Telecommunication Union – 1865
Currently, huge number (500+)
– covering wide range of matters
– global and regional scale
– issues in coordination and efficiency
Problems in defining IGOs, their rights and obligations
Different Definitions of IGO
An intergovernmental organization. (Art. 2 (1) (i) VCLTSIO)
An organization set up by agreement between two or more States.
(Akehurst)
A non-State entity with international legal personality separate from
that of the States which established it. (Aust)
A body:
– Based on a formal instrument of agreement between the
governments of nation states;
– including three or more nation states as parties to the agreement;
– possessing a permanent secretariat performing ongoing tasks.
(Yearbook of International Organizations)
Other Types of International
Organizations
Non-Governmental Organizations (NGOs)
– Set up by individuals or groups
– Governed by the law of the country where the NGO is
incorporated
– Ex.: Amnesty International, Greenpeace
– States are usually not parties of NGOs
Mixed Organizations
– NGOs entrusted with functions typical of States
– Ex.: ICRC, IUCN
UN Programmes
– UNDP, UNEP, UNFPA
Creation of IGOs
Transfer of certain powers from States to IGO
By treaty
– EEC, now the EU
– WTO
» Originally the GATT
» Provisionally brought into force by Protocol
» Lasted 47 years
By resolution of the UN General Assembly
– CTBTO
By declaration
– ASEAN, APEC
Legal Personality of IGOs
IGOs have legal personality
– Usually conferred by treaty or other constitutive
instrument
– Relative concept
– Specific rights, duties and powers
» Privileges and immunities
» International responsibility an liability
Legislative, executive and administrative functions
Sources of legal personality:
– Constituent treaty
– Case law
Legal Personality Conferred by
Constituting Treaty
Art. 16 (a), Agreement Establishing the Terms of
Reference of the International Jute Study Group, 2001:
– “The Group shall have international legal personality.
In the territory of each member, and subject to its
national legislation, the Group shall, in particular, but
subject to paragraph 7(b) above, have the capacity to
enter into contracts, to acquire and to dispose of
movable and immovable property, and to institute legal
proceedings”
Reparation Case
“Reparation for Injuries Suffered in the Service of the
United Nations”case, ICJ, 1949
– Confirmed by the “Certain Expenses”case, ICJ, 1962
IGOs have international legal personality necessary to
carry out their functions
Powers are not limited to what conferred by constituent
treaty, but extend to what necessary to perform functions
effectively
In the Reparation case, UN had implied claim for loss
suffered by staff; in the Certain Expenses case, UN had
implied powers to set up forces
Treaty Making Powers of IGOs
Usually conferred under constituent treaty
– “The capacity of an international organization to
conclude treaties is governed by the rules of that
organization.” (Art. 6, VCLTSIO)
Some IGOs do not have treaty making powers
– Benelux
Also, implied powers under Reparation case
Legislative Powers of IGOs
Highest authority created by treaty
– Council/Assembly
– In some cases overrides national legislation
» EU
Legislative powers necessary to carry out mandate
– Constituent treaty defines decision-making process
Rules adopted are binding on member States
Executive/Administrative Powers
Secretariat
– Administers and operates the mandate as
defined by the constituent treaty and by the
decisions of the IGOs’ legislative body
Chief administrative officer
– Responsible to discharge obligations of
Secretariat
– Secretary-General, Executive Director, etc.
Vienna Convention, 1986
Vienna Convention on the Law of Treaties Between States
and International Organizations or Between International
Organizations
Deposited with S-G
Not in force
Applies to:(a) treaties between one or more States and one
or more international organizations, and (b) treaties
between international organizations.
Adapts VCLT to IGOs
– Ex.: ratification act of formal confirmation
Dispute Resolution Mechanisms
Specific clause in constituting treaty
– Negotiation, then arbitration or ICJ
Sometimes, dedicated mechanisms
– EU, most elaborate machinery
Art. 66 VCLTSIO: complex procedure
– ICJ for certain matters
– Otherwise, arbitral tribunal/conciliation commission
Status of IGOs in Domestic Law
Juridical personality in domestic law is to be
specifically conferred
– Host country agreements
– Art. 16 (a), Agreement Establishing the Terms of
Reference of the International Jute Study Group, 2001:
» “The status of the Group in the territory of the host
country shall be governed by the Headquarters
Agreement between the host Government and the
Council”
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Copyright 2003 by the United Nations. All rights reserved.
Printed in the United States of America. No part of this
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