1、International Organizations,By Palitha T.B. Kohona Vientiane, 7 9 October 2003,What is an International Organization?,Originally, only States were members of international communityInternational and Inter-Governmental Organizations (IGOs) slowly emerge as subjects of international law The first inte
2、rnational organization is considered to be the International Telecommunication Union 1865Currently, huge number (500+) covering wide range of matters global and regional scale issues in coordination and efficiencyProblems in defining IGOs, their rights and obligations,Different Definitions of IGO,An
3、 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 be
4、tween 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
5、 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 NGOsMixed Organizations NGOs entrusted with functions typical of States Ex.: ICRC, IUCNUN Programmes UNDP, UNEP, UNFPA,Creation of IGOs,Tra
6、nsfer of certain powers from States to IGOBy treaty EEC, now the EU WTO Originally the GATT Provisionally brought into force by Protocol Lasted 47 yearsBy resolution of the UN General Assembly CTBTOBy declaration ASEAN, APEC,Legal Personality of IGOs,IGOs have legal personality Usually conferred by
7、treaty or other constitutive instrument Relative concept Specific rights, duties and powers Privileges and immunities International responsibility an liabilityLegislative, executive and administrative functionsSources of legal personality: Constituent treaty Case law,Legal Personality Conferred by C
8、onstituting 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 pa
9、ragraph 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”ca
10、se, ICJ, 1962IGOs have international legal personality necessary to carry out their functionsPowers are not limited to what conferred by constituent treaty, but extend to what necessary to perform functions effectivelyIn the Reparation case, UN had implied claim for loss suffered by staff; in the Ce
11、rtain 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
12、 powers BeneluxAlso, implied powers under Reparation case,Legislative Powers of IGOs,Highest authority created by treaty Council/Assembly In some cases overrides national legislation EULegislative powers necessary to carry out mandate Constituent treaty defines decision-making processRules adopted a
13、re 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 bodyChief administrative officer Responsible to discharge obligations of Secretariat Secretary-General, Execu
14、tive 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, a
15、nd (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 ICJSometimes, dedicated mechanisms EU, most elaborate machineryArt. 66 VCLTSIO:
16、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 conferredHost country agreementsArt. 16 (a), Agreement Establishing the Terms of Reference of the International Ju
17、te 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”,Copyright Notice,Copyright 2003 by the United Nations. All rights reserved. Printed in the United States of America. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form by any means, i.e., electronic, mechanical, photocopying, recording, or otherwise, without the written permission of the United Nations.,
