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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