International Organizations



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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

  • 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

  • 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”


Copyright Notice

  • Copyright 2003 by the United Nations. All rights reserved. Printed in the United States of America. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form by any means, i.e., electronic, mechanical, photocopying, recording, or otherwise, without the written permission of the United Nations.



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