INTERNATIONAL

ORGANIZATIONS

Originally, only States were members of

international community
International
and
Inter-Governmental
Organizations (IGOs) slowly emerge as subjects
of international law
o The first international organization is
considered to be the International
Telecommunication Union 1865
Currently, huge number (500+)
o Covering wide range of matters
o Global and regional scale
o Issues in coordination and efficiency
Problems in defining IGOs, their rights and
obligations

Intergovernmental Organizations
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:
o Based on a formal instrument of
agreement between the governments of
nation states;
o Including three or more nation states as
parties to the agreement;
o Possessing a permanent secretariat
performing ongoing tasks. (Yearbook of
International Organizations)
Other Types of IOs
Non-Governmental Organizations (NGOs)
o Set up by individuals or groups
o Governed by the law of the country
where the NGO is incorporated
o Ex.: Amnesty International, Greenpeace
o States are usually not parties of NGOs
Mixed Organizations
o NGOs entrusted with functions typical of
States
o Ex.: ICRC, IUCN
UN Programmes
o UNDP, UNEP, UNFPA
Creation of IGOs
Transfer of certain powers from States to IGO
By treaty
o EEC, now the EU
o WTO

Originally the GATT

Provisionally brought into force
by Protocol
Lasted 47 years
By resolution of the UN General Assembly
o CTBTO
By declaration
o ASEAN, APEC

Legal Personality of IGOs

IGOs have legal personality
o Usually conferred by treaty or other
constitutive instrument
o Relative concept
o Specific rights, duties and powers
Privileges and immunities
International responsibility an
liability
Legislative,
executive
and
administrative
functions
Sources of legal personality:
o Constituent treaty
o Case law
Legal Personality Conferred by Constituting Treaty
Art. 16 (a), Agreement Establishing the Terms of
Reference of the International Jute Study Group,
2001:
o 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 Nationscase, ICJ, 1949
o Confirmed
by
the
Certain
Expensescase, 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
o 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
o Council/Assembly
o In some cases overrides national
legislation
EU
Legislative powers necessary to carry out
mandate
o Constituent treaty defines decisionmaking process
Rules adopted are binding on member States

Executive/Administrative Powers
Secretariat
o Administers and operates the mandate
as defined by the constituent treaty and
by the decisions of the IGOs legislative
body
Chief administrative officer
o Responsible to discharge obligations of
Secretariat
o 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
o Ex.:
ratification
act
of
formal
confirmation

Dispute Resolution Mechanisms

Specific clause in constituting treaty
o Negotiation, then arbitration or ICJ
Sometimes, dedicated mechanisms
o EU, most elaborate machinery
Art. 66 VCLTSIO: complex procedure
o ICJ for certain matters
o Otherwise, arbitral tribunal/conciliation
commission
Status of IGOs in Domestic Law
Juridical personality in domestic law is to be
specifically conferred
o Host country agreements
o 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