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 - Privileges and immunities, financing Palacky University Olomouc Faculty of Law

Financing J. David Singer: Financing International Organization: The United Nations Budget Process (The Hague, 1961), p. vii „Until the policy decisions of the various organs are translated info budget items, there is no visiting mission to encourage Togoland´s movement toward eventual self-government, no ceasefire observer in the Middle East, no rehabilitation commission in South Korea, and no public administration advisor in Santiago. What does this tells us about the relevance of financing issues in the context of IOs?

Financing Income/expenditures = Budget –Budget planning Prepared usually by the administration Various other bodies may participate –Budget implementation –Budget oversight/controll

EU budget 2011

Income 1.Contributions Obligatory (MS have to pay some form of contribution; not paying = breach of their membership obligations) –But how much?? –Various criteria: number of inhabitants, GDP, equal rates, length of railway lines,... Voluntary contributions –UNICEF, UNHCR, UNU 2.Borrowing of money UN-headquarters in New York 3.Own resources EU (customs tariff, etc.)

Expenditures Expenses –Administration Salaries of staff, rent of offices,... –Operational Election monitors, peace-keepers Can the IO spend money for whatever? –NO! –Expenses limitation to tasks and functions as stipulated in the founding treaty

The UN Article The General Assembly shall consider and approve the budget of the Organization. 2. The expenses of the Organization shall be borne by the Members as apportioned by the General Assembly. 3. The General Assembly shall consider and approve any financial and budgetary arrangements with specialized agencies referred to in Article 57 and shall examine the administrative budgets of such specialized agencies with a view to making recommendations to the agencies concerned. The UN: GA decides on the basis of a set of criteria (Art. 17(2) UN Charter): national income, national per capita income and the general level of development

Budget oversight/controll Implementation of the budget usually controlled –EU: European Court of Auditors Sanctions –Especially for breach of obligations to pay financial contribution –UN: Article 19 A Member of the United Nations which is in arrears in the payment of its financial contributions to the Organization shall have no vote in the General Assembly if the amount of its arrears equals or exceeds the amount of the contributions due from it for the preceding two full years. The General Assembly may, nevertheless, permit such a Member to vote if it is satisfied that the failure to pay is due to conditions beyond the control of the Member.

Privileges and immunities – what is it? Law of immunity and privileges (or diplomatic law) –One of the oldest branches of IL –States, their representatives claim and are granted, privileges and immunities in mutual relations Basic principles –diplomats: Can not be sued (unless they waive the immunity) Are exempt from taxes (with exemptions) and customs –Diplomatic post Can´t be opened or confiscated –Diplomatic missions and belongings Generally inviolable

Privileges and immunities – who is entitled? Who is entitled to privileges and immunities? –State: Diplomats States as such (jurisdictional immunity) State leaders –IOs? The Organization as such (e.g. can UN be sued in courts?) Representatives of the Members of the IO (e.g. chiefs of permanent missions accredited with the UN) Officials of the IO Prerequisite: IO can send and receive legations/missions

Right of legation for IO? Ius legationis (right of legation) –Right to send and receive ambassadors (legations) Right of legation for IO? –IO = no territory IO ≠ sovereign BUT + right of legation for IO IO = subject of IL right of legation = one aspect of international legal personality

Right of legation for IO? –1975 Vienna Convention on the Representation of States in their Relations with International Organizations of a Universal Character Not entered into force yet –practice of international community: In December 1995, ca. 125 States had diplomats accredited to the EC EU missions in New York, Geneva, Tokyo, Washington D.C., etc. Also other entities than states/IOs may have missions! E.g. Observer mission of the PLO (Palestine Liberation Organization) with the UN, since 1974

Privileges and immunities What is the whole purpose (raison d'être) of immunities and privilegies of IOs? Article 105 UN-Charter 1. The Organization shall enjoy in the territory of each of its Members such privileges and immunities as are necessary for the fulfillment of its purposes. 2. Representatives of the Members of the United Nations and officials of the Organization shall similarly enjoy such privileges and immunities as are necessary for the independent exercise of their functions in connection with the Organization. 3. The General Assembly may make recommendations with a view to determining the details of the application of paragraphs 1 and 2 of this Article or may propose conventions to the Members of the United Nations for this purpose.

Privileges and immunities What is the whole purpose (raison d'être) of immunities and privilegies of IOs? The organization enjoys such immunities as are necessary for their effective functioning: IOs enjoy what is necessary for the exercise of their functions in the fulfilment of their purposes. (Jan Klabbers, 2009, p. 132)

Applicable law Constituing treaty of the IO –See Art. 105 UN-Charter Agreement on privileges and immunities of the IO –E.g. Convention on the Privileges and Immunities of the United Nations –Adopted by the General Assembly of the United Nations on 13 February 1946 Headquarters Agreement (HQA) –Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations (26. June 1947)

Some practical questions.. Which law is applicable/who has jurisdiction in NY headquarter of the UN? Art. 7 HQA What does this mean for the right to enter the Headquarters District? Art. 9 HQA Can the USA restrict the travel to and from the headquarters? Art. 11 HQA

Dumitru Mazilu Case 1984 – Mr. Mazilu, Romanian professor of IL, recommended by Romania as a member of the UN Sub-Commission on the Prevention of Discrimination and Protection of Minorities (Commission on Human Rights/ECOSOC) 1985: task for Mr. Mazilu: report on HR and youth in Romania Report not in conformity with the official policy of Romania – Mr. Mazilu is declared to be seriously ill and not mentally capable of finishing the report. Consequence: Mr. Mazilu is not allowed to leave Romania for the meeting of the Sub-committee and to present his report Questions: –Identify the applicable law! Section 22 of the General Convention –Is the relevant provision applicable also to persons other than UN officials? ICJ, Advisory Opinion: As long as Mr. Mazilu was writing his report, he was entitled to privileges/immunities pursuant to Sec. 22 GC, which include immunity from personal arrest or detention

Thanx for your attention!..and don´t study to hard...