1. International Organisations – General Issues, Part 1

2. Membership A state is a member because …
It is among those founding the organisation
It applied for membership and was admitted
A state ceases to be a member when …
It withdraws from the organisation
It is expelled

3. Conditions for membership in the UN
Article 4:
1. Membership in the United Nations is open to all other peace-loving states which accept the obligations contained in the present Charter and, in the judgment of the Organization, are able and willing to carry out these obligations.
2. The admission of any such state to membership in the United Nations will be effected by a decision of the General Assembly upon the recommendation of the Security Council.
Article 6:
A Member of the United Nations which has persistently violated the Principles contained in the present Charter may be expelled from the Organization by the General Assembly upon the recommendation of the Security Council.

4. North Atlantic Treaty, Art. 10
“The Parties may, by unanimous agreement, invite [1] any other European State [2] in a position to [a] further the principles of this Treaty and to [b] contribute to the security of the North Atlantic area to accede to this Treaty. Any State so invited may become a Party to the Treaty by depositing its instrument of accession with the Government of the United States of America.”

5. Lisbon Treaty, Art. 50
1. Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements.
2. A Member State which decides to withdraw shall notify the European Council of its intention. In the light of the guidelines provided by the European Council, the Union shall negotiate and conclude an agreement with that State, setting out the arrangements for its withdrawal, taking account of the framework for its future relationship with the Union. ---

6. Personality #1 What does it mean to be a subject under a legal system?
An international organisation can be a subject …
Under domestic law
Under international law

7. Personality #2 The effect of personality visavi third parties
Reparation for Injuries:
“[T]he Court's opinion is that fifty States, representing the vast majority of the members of the international community, had the power, in conformity with international law, to bring into being an entity possessing objective international personality, and not merely personality recognized by them alone, together with capacity to bring international claims” (ICJ Rep 1949, p. 185).

8. Rights and duties of international organisations
The founding instrument
Comp Art. 27(3) of the UNCh:
”Decisions of the Security Council on all other matters [than procedural ones] shall be made by an affirmative vote of nine members including the concurring votes of the permanent members”.
Agreements concluded by organisation
Customary international law

9. Interpretation of founding treaties
Usual rules of interpretation apply
Confer a scope of discretion on interpreters
“The General Assembly shall initiate studies and make recommendations for the purpose of … promoting international co-operation in the economic, social, cultural, educational, and health fields, and assisting in the realization of human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.” (UN Charter, Art. 13)
“Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state …”. (UN Charter, Art. 2 para 7)

10. Implied powers #1 Implied powers = necessary implication
Art. 1 of the Genocide Convention:
”The Contracting Parties confirm that genocide … is a crime under international law which they undertake to prevent and to punish.”
Art. 7(2) of the UNCh:
”Such subsidiary organs as may be found necessary may be established in accordance with the present Charter”.

11. Implied powers #2 Art. 28(a), Statute of the IMCO:
”The Maritime Safety Committee shall consist of fourteen Members elected by the Assembly from the Member Governments of those nations having an important interest in maritime safety, of which not less than eight shall be the largest ship-owning nations, and the remainder shall be elected to ensure adequate representation of Members …”