Support of the foreign language profile of law tuition at the Faculty of Law in Olomouc CZ.1.07/2.2.00/ Law of International Organisations - Categorisation, international institutions, intergovernmental and non- governmental organizations Palacky University Olomouc Faculty of Law

Subjects of IL States subjects with limited legal personality International Governmental Organisations other subjects de facto regimes - Holy See - ICRC - Sovereign Military Order of Malta International non-govern.org. individuals (???) (NGOs: e.g. WWF, Greenpeace) No legal personality under PIL

What is an IO?.... we don´t really know  Why is a comprehensive definition not possible? –Every IO is a sui generis entity! (J.Klabbers) A common scholar definition IO = entity –Created between states –Permanent –Established on the basis of an international agreement –Capable of creating a distinct will

Created between states Only states? –EC founding member of WTO, member of FAO All entities created by states = IO? –EuroAirport Basel-Mulhouse-Freiburg –Bank for International Settlements –Treaty-based organs IOs European Court of Human Rights ≠ IO ICC Exact distinction IO/treaty organs unclear –IOs + treaty based organs = international institutions / international regimes

Article 4 of the Rome Statute Legal status and powers of the Court 1. The Court shall have international legal personality. It shall also have such legal capacity as may be necessary for the exercise of its functions and the fulfilment of its purposes. 2. The Court may exercise its functions and powers, as provided in this Statute, on the territory of any State Party and, by special agreement, on the territory of any other State.

On the basis of an international agreement IO established on the basis of a treaty only? Also possible: –Creation by a legal act of an existing IO (UN GA - UNICEF) –Framework for occassional diplomacy? CSCE/OSCE Asia-Pacific Economic Cooperation G7 (G8) Continuous formalisation.... International agreement –IO governed by IL = IGO –IO governed by domestic law = NGO

Capable of creating a distinct will IO must be equipped with at least one organ capable of creating own will of the IO, which is distinct from the will of the MS! –e.g. UN Security Council –Distinction from other forms of cooperation

Categorisation Wide variety of IOs Aspects of categorisation –Based on object and purpose (function) –Political v. functional –Membership –Supranational (integration) v. intergovernmental (cooperation)

Functions of the IO Economic –IMF, World Bank, GATT/WTO, ECOWAS, EU, OPEC, UBEC Functional –WHO, FAO, ILO, UNESCO, Universal Postal Union, Intl Civil Aviation Organization Peace and security / Military alliances / defence –NATO, Warsaw Treaty Organization, ANZUS, temporary alliances.... Multifunctionalism / interconnection of functions –UN, Arab League, African Union –EC / spill over effect

Political vs. functional Political –E.g. peace and security Functional –Limited / narrowly defined purpose –E.g. regulation of telecommunication No strict distinction possible –EU: at the beginning functional, later political

Membership Universal vs. Regional organisations Universal –„open“ IOs –UN Limited membership –„closed“ IOs –Geographical limitations –Other limitations OPEC

Integration vs. cooperation Supranational IOs –Different decision-making powers Effects of legal acts (supremacy of EU law, direct applicability of EU law) Intergovernmental IOs –Binding law-making decisions require unanimity / consensus

Presentations... = IO ? = NGO ? = international organ ?....