A Survey on the Legal Personality of International Organisations

Sr. Name of IO Year of Provision/A Expression of Legal personality/capacity

No. Establis rticle on
hment Legal
Status/Cap
acity
1. Arab League1 22 Article XIV2 The members of the Council of the League as well as the
March, members of the committees and the officials who are to
1945 be designated in the administrative regulation shall enjoy
diplomatic privileges and immunity when engaged in the
exercise of their functions.
2. African Union3 2002 Article The Council of Ministers shall decide on the privileges
XXXI4 and immunities to be accorded to the personnel of the
Secretariat in the respective territories of the Member
States.
3. Organization of  Islamic 25 Article The Organisation shall enjoy in the Member States,
Cooperation5 Septemb 34(1)6 immunities and privileges as necessary for the exercise
er 1969 of its functions and the fulfilment of its objectives.
4. Arab Monetary Fund7 27 April, Article Two8 The Fund shall have an independent juridical personality
1976 and shall have, in particular, the right to own, contract
and litigate.
5. International Air Transport 19 April,
Association 1945
6. International Bank for 19 July, Article VII To enable the Bank to fulfill the functions with which it
Reconstruction and development9 1944 (Section 1)10 is entrusted, the status, immunities and privileges set

1
 League of Arab States, Charter of Arab League, 22 March 1945, available at: https://www.refworld.org/docid/3ae6b3ab18.html  [accessed 31 January 2020]
2
Charter of Arab League,22 March 1945, available at: https://www.refworld.org/docid/3ae6b3ab18.html [accessed 15 March 2020]
3
Charter of African Union,  https://au.int/sites/default/files/treaties/7759-file-oau_charter_1963.pdf  Accessed on February 1, 2020

4
https://au.int/sites/default/files/treaties/7759-file-oau_charter_1963.pdf [Accessed on March 15, 2020]
5
Charter of the Organisation of Islamic Cooperation, http://ww1.oic-oci.org/english/charter/OIC%20Charter-new-en.pdf Accessed on February 1, 2020
6
https://www.oic-oci.org/upload/documents/charter/en/oic_charter_2018_en.pdf [accessed on March 15, 2020]
7
https://www.amf.org.ae/sites/default/files/Files/The%20Articles%20of%20Agreement%20of%20the%20AMF%20-%20English_0.pdf
8
https://www.amf.org.ae/sites/default/files/Files/The%20Articles%20of%20Agreement%20of%20the%20AMF%20-%20English_0.pdf
9
http://siteresources.worldbank.org/EXTABOUTUS/Resources/ibrd-articlesofagreement.pdf
 forth in this Article shall be accorded to the Bank in the
territories of each member.
7. International Civil Aviation 7th Article 4712 The Organization shall enjoy in the territory of each
Organization11 Decembe (Part II, contracting State such legal capacity as may be necessary
r, 1944 Chapter VII) for the performance of its functions. Full Juridical
personality shall be granted wherever compatible with
the constitution md laws of the State concerned.
8. International Criminal Court13 1 July, Article 4 14
1. The Court shall have international legal personality. It
2002 (Part I) 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.
9. International development 24 Article VIII
association15 Septemb (Section 2)
er, 1960 The Association shall possess full juridical personality
and, in particular, the capacity:

(i) to contract;
(ii) to acquire and dispose of immovable and movable
property;
(iii) to institute legal proceedings.
10. International Law Association16 1873 [4.1.3., The members of the Association shall be:- honorary
4.1.4.]17 members elected by a Council; individuals elected by a
Branch; organisations, whether corporate or
unincorporated, elected by a Branch or the Executive
Council; and persons or organisations whether corporate
10
http://siteresources.worldbank.org/EXTABOUTUS/Resources/ibrd-articlesofagreement.pdf
11
https://www.icao.int/publications/Documents/7300_orig.pdf
12
https://www.icao.int/publications/Documents/7300_orig.pdf
13
https://www.icc-cpi.int/resource-library/documents/rs-eng.pdf
14
https://www.icc-cpi.int/resource-library/documents/rs-eng.pdf
15
http://pubdocs.worldbank.org/en/341581541440486864/IDAArticlesofAgreementEnglish.pdf
16
https://www.ila-hq.org/images/ILA/docs/constitution_english_adopted_johannesburg_2016.pdf
17
https://www.ila-hq.org/images/ILA/docs/constitution_english_adopted_johannesburg_2016.pdf
 or unincorporated elected by the Executive Council (to
be known as "Headquarters Members").
11. Intergovernmental Maritime 17 Part XIII, The legal capacity, privileges and immunities to be,
Consultative18 Organization March, Article 5019 accorded to, or in connection with, the Organization,
1948 shall be derived from and governed by the General
Convention on the Privileges and Immunities of the
Specialized Agencies approved by the General Assembly
or the United Nations on the 21st November, 1947,
subject to such modifications as may be set forth 1n the
final (or revised) text of the Annex approved by the
Organization in accordance with Sections 36 and 38 of
the said General Convention.
12. International Telecommunication 17 May, [Part 1-A- The entity has its own "legal personality".
Union 1865 A.2]20
13. Korean Peninsula Energy 15 March Article XIII To carry out its purposes and functions, the Organization
Development Organisation21 1995 (a)22 shall possess legal capacity and, in particular, the
capacity to:
(1) contract;
(2) lease or rent real property;
(3) acquire and dispose of personal property; and
(4) institute legal proceedings.
Members may accord the Organization such legal
capacity in accordance with their respective laws and
regulations where necessary for the Organization to carry
out its purposes and functions.
14. North Atlantic Treaty Organisation 4 April, Article 324 In order more effectively to achieve the objectives of this
(NATO)23 1949 Treaty, the Parties, separately and jointly, by means of
continuous and effective self-help and mutual aid, will
maintain and develop their individual and collective
capacity to resist armed attack.
15. Nordic Investment Bank 4 Article I25 The Bank shall have the status of an international legal
18
https://treaties.un.org/doc/Treaties/1958/03/19580317%2005-05%20PM/Ch_XII_1p.pdf
19
https://treaties.un.org/doc/Treaties/1958/03/19580317%2005-05%20PM/Ch_XII_1p.pdf
20
https://www.itu.int/en/council/2017/Documents/C93-49E.pdf
21
http://www.kedo.org/pdfs/EstablishmentKEDO.pdf
22
http://www.kedo.org/pdfs/EstablishmentKEDO.pdf
23
https://www.nato.int/nato_static_fl2014/assets/pdf/stock_publications/20120822_nato_treaty_en_light_2009.pdf
24
https://www.nato.int/nato_static_fl2014/assets/pdf/stock_publications/20120822_nato_treaty_en_light_2009.pdf
25
https://www.nib.int/filebank/a/1497348404/fa74f44c14e9e14a6decabd5a7170542/2032-Constituent_Documents.pdf
 Decembe person with full legal capacity. It shall in particular have
r, 1975 the capacity to enter into agreements, to acquire and
dispose of immovable and movable property, and to be a
party to legal proceedings before courts of law and other
authorities.
16. Organisation of Arab Petroleum 9 Article The Secretary General and the Assistant Secretaries shall
Exporting Countries26 January, TWENTY enjoy in the territories of the organization members all
1968 (b)27 diplomatic immunities and privileges, while the
remaining personnel of the organization shall enjoy the
immunities and privileges necessary for the performance
of their tasks and functions in freedom and
independence.
17. Organisation of African Unity28 25 May, Article The Council of Ministers shall decide on the privileges
1963 XXXI29 and immunities to be accorded to the personnel of the
Secretariat in the respective territories of the Member
States.
18. Organisation for Economic Co- 14 Article 15 When this Convention comes into force the
operation and development30 Decembe reconstitution of the Organisation for European
r, 1960 Economic Co-operation shall take effect, and its aims,
organs, powers and name shall thereupon be as provided
herein. The legal personality possessed by the
Organisation for European Economic Co-operation shall
continue in the Organisation, but decisions,
recommendations and resolutions of the Organisation for
European Economic Co-operation shall require approval
of the Council to be effective after the coming into force
of this Convention
19. Organisation of European Economic 16 Aril, Article 2232 (a) The Organisation shall enjoy in the territory of each
Co-operation31 1948 of its Members such legal capacity as may be necessary
for the exercise of its functions and the fulfillment of its
purposes, as defined in Supplementary Protocol N° I, to
the present Convention.
26
http://www.oapecorg.org/media/9e23b5f4-8c84-4898-b3d1-873eef17300b/2085790927/Agreement/Final-Enew.pdf
27
http://www.oapecorg.org/media/9e23b5f4-8c84-4898-b3d1-873eef17300b/2085790927/Agreement/Final-Enew.pdf
28
https://au.int/sites/default/files/treaties/7759-file-oau_charter_1963.pdf
29
https://au.int/sites/default/files/treaties/7759-file-oau_charter_1963.pdf
30
https://www.oecd.org/general/conventionontheorganisationforeconomicco-operationanddevelopment.htm
31
https://www.cvce.eu/content/publication/1999/1/1/769de8b7-fe5a-452c-b418-09b068bd748d/publishable_en.pdf
32
https://www.cvce.eu/content/publication/1999/1/1/769de8b7-fe5a-452c-b418-09b068bd748d/publishable_en.pdf
 (b) The Organisation, its officials, and representatives of
the Members of the Organisation shall be entitled to the
privileges and immunities set out in the above mentioned
Supplementary Protocol.
20. Organisation for Prohibition of 29 April, Article VIII The Organization shall enjoy on the territory and in any
Chemical Weapons33 1997 (48)34 other place under the jurisdiction or control of a State
Party such legal capacity and such privileges and
immunities as are necessary for the exercise of its
functions.
21. Organisation of Petroleum Septemb Article The Secretary General shall be the legally-authorised
Exporting Countries35 er 1960 27A36 representative of the Organization.
22. Pan-American Union37 30 April, Article VIII The Director General shall have charge of the
1948 administration of the "Pan American Union" in
accordance with these fundamental rules, the regulations,
and the resolutions of the Governing Board. He shall
have charge of the correspondence with the Governments
of the Union through their diplomatic representatives in
Washington, or directly in the absence of such
representatives, and with the Pan-American Committees.
He shall attend in an advisory capacity the meetings of
the Governing Board, of the Committees, and of
International American Conferences, except in the case
of resolution to the contrary.
23. WIPO38 14 July, Article 12 The Organization shall enjoy on the territory of each
1967 (1)39 Member State, in conformity with the laws of that State,
such legal capacity as may be necessary for the
fulfillment of the Organization’s objectives and for the
exercise of its functions.
24. Universal Postal Union40 9 Article II The specialized agencies shall possess juridical
October, (Section 3)41 personality. They shall have the capacity:
33
https://www.opcw.org/sites/default/files/documents/CWC/CWC_en.pdf
34
https://www.opcw.org/sites/default/files/documents/CWC/CWC_en.pdf
35
https://www.opec.org/opec_web/static_files_project/media/downloads/publications/OPEC_Statute.pdf
36
https://www.opec.org/opec_web/static_files_project/media/downloads/publications/OPEC_Statute.pdf
37
https://www.loc.gov/law/help/us-treaties/bevans/m-ust000001-0752.pdf
38
http://admin.theiguides.org/Media/Documents/WIPO%20Convention_1.pdf
39
http://admin.theiguides.org/Media/Documents/WIPO%20Convention_1.pdf
40
http://www.upu.int/uploads/tx_sbdownloader/actInThreeVolumesConstitutionAndGeneralRegulationsEn.pdf
41
http://www.upu.int/uploads/tx_sbdownloader/actInThreeVolumesConstitutionAndGeneralRegulationsEn.pdf
 1874 (a) to contract,
(b) to acquire and dispose of immovable and movable
property,
(c) to institute legal proceedings.
25. Asian-African Legal Consultative 15 No
Organization42 Novembe provision on
r, 1956 legal
personality.

42
http://www.aalco.int/STATUTES.pdf