1. 9.1 International Org INTERNATIONAL ORGANISATION A. Introduction 1. Traditionally international society was not organised 2. Every state acting separately in resolving conflict with other states 3. The desire to establish a multilateral framework for negotiations dates back to the congress of Vienna 1815 4. Many diplomatic conferences were held between 1820-1885 in Europe.

2. 9.2 A. First achievements: 1. Communications- international telegraphic union 1865, Universal Postal Union 1874, common railway gauge 1815 2. Transport 3. Public health 4. Economic fields- metric union 1875, copyright union 1856 5. Court- Permanent court of arbitration in 1899

3. 9.3 A. League of nations in 1920 marked the first attempt at general political organisation B. The treaty of Versailles gave birth to the international labour organisation which sought to improvement and maintenance of certain minimum standards of labour

4. 9.4 A. Classification of international institutions: 1. Universal/global – UN, ICAO, IMO are near universal 2. Regional- OAU/AU, OAS, NATO 3. General- UN deals with while scope member 4. Specialised- FAO, WHO 5. Comprehensive or limited in scope 6. Advisory, regulation or supra national

5. 9.5 1. Executive- when they carryout specific functions for member states 2. Judicial- ICJ, European Court for Human rights 3. Political competence- UN 4. Ad hoc, provisional or permanent in relation to their duration 5. May be governmental or not

6. 9.6 Legal personality of international institutions. 1. Legal personality is controversial 2. The root is the traditional contention that states are the true subject of law 3. Majority give it limited personality but with emphasis on states as the real bearers of rights and duties in international law. USSR reluctant to concede personality to international org.

7. 9.7 CASES. In INTERNATIONAL INSTITUTE OF AGRICULTURE vs PROFILI AD 1929-30 case no 254. The Italian court held that an international institution was an international person and that its relations with most states were governed by international law. REPARATIONS FOR INJURIES SUFFERED IN THE SERVICE OF THE UN 1949, ICJ, 174 The court handing an advisory opinion conceded the UN a limited legal personality with rights and duties with the power to bring claims.

8. 9.8 1. Article 104 0f the UN Charter obliges members to concede the UN the necessary legal capacity to enable it to perform its function 2. 1946 Convention on the privileges and immunities of the UN elaborates on this 3. Draft Articles on the law of treaties, the international law commission noted that entities other than states may possess personality

9. 9.9 A. However an international institution may not engage, without the consent in matters within domestic jurisdiction of states. B. The members of the UN the provisions are res inter alias acta, but it has objective personality even regard to the: 1. Article 2 (6) UN Charter obliges the UN to ensure that non member states act in accordance with principles of the organisation so far as may be necessary to maintain international peace and security. 2. International institutions may conclude a treaty with non-member and even provide facilities.

10. 9.10 A. THE UNITED NATIONS. 1. Was founded on concepts and ideas that found expression in the Atlantic charter declared by US President Roosevelt and prime minister Churchill of Britain August 1941. 2. UN Declaration of 26 nations on 1 Jan 1942 after Japan commence of hostilities in the pacific 3. The Moscow Declaration October 1943 by Britain, China, and USSR recognising the need for a universal organisation to maintain international peace and security

11. 9.11 A. Formally launched 25 April to 26 June 1945 agreement on the Charter to which attached the Statute of the ICJ B. Purposes and principles clearly set out in Article 1 C. Principles of non intervention in domestic jurisdiction of states has produced a controversy:

12. 9.12 1. What constitute internal affairs 2. It is denied the character of internal if it breaches international law 3. Nationality Decree in Tunisia and Morocco a matter is removed from the domain of domestic jurisdiction as soon as it becomes the subject of treaty of law or was developed into customary law

13. 9.13 A. Article 4 spells out B. A member can be expelled if: 1. An enforcement action is taken against it 2. Member has persistently violated the principles of the charterCASE. Indonesia withdrew in 1965 in protest against the ceding of Malaysia, part of whose territory it claimed The rejection of accreditation of Apartheid South Africa as an unrepresentative of the majority.

14. 9.14 Organs of the UN are set out in Article 7 A. The General Assembly 1. Plenary organ, all members represented, one man one vote 2. Meet once a year but may meet in a special or extraordinary session at the request of the security council 3. Discuss any question or matters within the scope of the charter, recommend measures for peaceful adjustment of a situation, directs and supervises economic and social cooperation

15. 9.15 1. Has exclusive control over finances of the UN and fixes the financial contributions of members. 2. Right to vote may be denied if a member is in arreas for two or more years 3. Voting is by majority, if on numerated issue is by 2/3 majority

16. 9.16 A. Effects of a resolution: 1. Decisions are taken by way of a resolution. 2. Though the decision not binding- the decision of the assembly reflect “moral conscience of the world expressed in the “. 3. A resolution obeyed by all states has the effect of and those repeated over a period of time and acted upon by states may become state practice and subsequently assume the status of customary law.

17. 9.17 1. Those that welcome a new member have the extent of multilateral act of recognition. A. Security Council: 1. Composition 2. 5 members have veto power 3. Abstention does not have a legal effect to a resolution 4. Primarily responsible for the maintenance of international peace and security

18. 9.18 1. Situations that threaten peac3e the council has called upon parties to seek peaceful means of resolving the issue. 2. Council determines the existence of threat to peace, breach of peace or act of aggression and decides on preventative or enforcement actions

19. 9.19 ECOSOC:1. Consists of 54 members elected by the UNGA for 3 years 2. Initiates studies and reports, make recommendations on issues pertaining to social economic development. 3. Makes recommendations on observance of rights 4. Set out commissions to deal with special problems. 5. Coordinates activities of the specialised agencies

20. 9.20 A. Secretariat- Secretary General 1. Chief administrative officer of the UN 2. Appointed by the General Assembly on recommendations of the security council 3. Heads the large secretariat of staff drawn from member states

21. 9.21 1. The secretariat is expected to refrain from receiving instructions from national states and from actions that may compromise the position of the organisation 2. Service conditions are tied down on staff regulations of the UN and staff rules.

22. 9.22 A. ALL THE OTHER ORGANISATIONS CAN BE STUDIED THE SAME WAY 1. E.U 2. OAU/AU 3. ECOWAS 4. SADC