First Term

2018
-
2019

International and Regional

Organizations

‫ عبدالعزيز مال هللا‬:‫إعداد‬

 Topic One
Introduction to International Organizations (IO’s)
Introduction: Today, there is no part of the globe or any human activity which is to some extent not governed by
an international organization. Therefore, the impact of international organizations (IOs) is very important.
• Examples of International Organizations:
1- The United Nations (UN): tries to maintain international peace and security.
2- The World Trade Organization (WTO): deals with trade and development.
3- The International Monetary Fund (IMF): deals with monetary cooperation and financial stability.
4- The World Bank (WB): tries to reduce poverty.
• Examples of Regional Organizations:
1- The Gulf Cooperation Council (GCC): Promotes policies to improve the economic and social well being
of people.
2- The Organization for Economic Cooperation and Development (OECD): Promotes policies to improve
the economic and social well being of people.
3- The Organization of Petroleum Exporting Countries (OPEC): Influences the price of oil.
4- The African Union (AU): Promotes a peaceful and prosperous (‫ )ازدهار‬Africa.

Types of International Organizations: one basic topology, is to differentiate between:

A- International governmental organizations (IGOs or IOs): these are associations of states established by a
treaty to do the common aims of their member states. In addition, An IO has a legal personality separate
from its member states, and can enter into legally binding agreements with other IOs or with other states.
B- Non-governmental organizations (NGOs): these are made up of private citizens, and they do not enter into
treaties or other international agreements. Examples: World Wildlife Fund, Greenpeace and Amnesty
International.
▪ Note: Some organizations are neither IGOs nor NGOs, but they are in-between, such as The
International Committee of the Red Cross (ICRC) which provides the protection of victims
in armed conflict.
The Types of Legal Dynamics:
1- The relationship between an IO and its members states (Functionalism Theory: IOs exist to exercise the
functions delegated by their member states).
2- The relationship between an IO and its organs and staff (Internal Relations).
3- The relationship between an IO and the outside world (such as treaty-making processes).

The Definition of International Organizations: The first person who used the term IO is James Toriman. As a
result of the impossibility to define the structure of IOs in a comprehensive way, therefore, a general definition to
be applied to all IOs is impossible. However, there are some effort in this regard:
A- First Definition (By International Law Commission): It is an organization established by a treaty or other
instrument governed by international law and has its own legal personality.
B- Second Definition (By Schermers and Blokker): It is a form of cooperation founded on an international
agreement usually creating a new legal person having at least one organ with a will of its own, established
under international law.
C- Third Definition (By Klabbers): IOs should have the following elements:
1- Created between states: in general, there is no maximum number of states which are involved, however,
there is a minimum of 2 states.
o Criticism: It is not always that members of IOs are states. For example, the European Union (EU)
is a member in the World Trade Organization (WTO).

1 ‫عبدالعزيز مال هللا‬

 2- On the basis of a treaty: which means they are established by a treaty.
o Criticism: It is not always that IOs are established by a treaty. For example, The United Nations
International Children's Emergency Fund (UNICEF) has been established by a resolution of the UN
General Assembly.
3- An organ with a distinct (different) will: which means an IO must have at least one organ which has a
will which is different from the will of its member states.
o Criticism: It is not always that IOs have different will from the will of their member stats, as
sometimes they are just a tool in the hands of the member states.

Topic Two
The Rise of International Organizations
Introduction:
• After 1650s and before the 20 century, International conferences existed, they were ad hoc gatherings and
meetings of states to resolve different issues.
o Examples: The Congress of Vienna of 1815, The Hague Conferences of 1899 and 1907, and the
Conference of Versailles in 1919.
• The 20 century is the era of establishment of IOs, with the first political IO which is the League of Nations
(LN) in 1919. This organization was established under the initiative of the US President Woodrow Wilson.
However, the US did not join it?!.
▪ Note: There were IOs before the LN, but they were of a technical function and not political.
Examples: the Rhine Commission of 1815, the International Telegraphic Union of 1865, the
Universal Postal Union of 1874, the International Office of Public Health of 1907.

Examples of Establishments of more International and Regional Organizations: Numbers of states have been
increased from around 50 states in the beginning of 20 century, to around 75 before WWII, and around 200 now.
In addition, the number of IOs has also increased during the 20 century. However, the exact number has not been
agreed on, some authors says around 1500, others say around 600, and some others say around 300
• International Organizations (Examples, only skimming):
A- International Labor Organization 1919.
B- The United Nations 1945.
C- The International Monetary Fund (IMF) 1945.
D- General Agreement on Tariffs and Trade (GATT) 1945.
E- The World Trade Organization (WTO) 1995.
• Regional International Organizations (Examples, only skimming):
A- The Arab League 1945.
B- The Organization of American States (OAS) 1948.
C- The North Atlantic Treaty Organization (NATO) 1949.
D- The Organization of African Unity (OAU) 1963.
E- The Association of Southeast Asian Nations (ASEAN) 1967.
F- The Organization of Islamic Cooperation (OIC) 1969.
G- The Organization for Security and Co-operation in Europe (OSCE) 1995.

Classifying International Organizations: IOs may be classified based on:

1- Functions: IOs can be classified in accordance with its functions, whether it is active in Peace and security,
Military alliances, economic, public health, environment, telecommunications, nutrition, and so on.
▪ Note: Some IOs are active in more than one field, or has multiple functions.

2 ‫عبدالعزيز مال هللا‬

 2- Membership: IOs can be classified in accordance with the membership of the organizations, which will be
divided to:
A- Universal (open): these IOs are open to all states to join, such as the United Nation.
B- Limited membership: these IOs are not open to all states to join, and its types are:
a. Geographical: these IOs are open to specific states in a region, such as The European Union is
only open for European states.
b. Non-geographical: these IOs are open to specific states not in one region, such as The
Organization of Petroleum Exporting Countries (OPEC) which includes states from Middle East,
Latin America and Africa.
3- Political v. technical: IOs can be classified in accordance to whether it does political tasks (such as the UN)
or technical tasks (such as the International Office of Public Health of 1907).
4- Supranational v. Intergovernmental: IOs can be classified in accordance to whether the organization rise
above its members states and called Supranational (The only example in the world is the EU) or do not rise
above its member, but remains between its members and called Intergovernmental (Like most of the IOs).

Why Cooperate? IOs are the clearer type of states cooperation. However, the reason of cooperation may differ
depending on the different theories, as the followings:
A- Realism theory (‫)النظرية الواقعية‬: they believe that, the world is a jungle and a mess, where it is a fight of man
against man and state against state. In order to survival, a state must guarantee that its competitors do not
become more powerful, and it itself gains power. So, they cooperate through IOs to save themselves and
control powers.
B- Idealism theory (‫)النظرية المثالية‬: they believe that, human nature is essentially good and capable of good
doing in international relations (opposite to the Realism). War represents the worst feature of international
relations, and through cooperation (such as IOs), Wars can be eliminated.
C- Regime theory (‫)نظرية النظام‬: it stated that, cooperation can bring greater net results than going it alone, So,
Cooperation through IOs will result in a greater common good.
D- Functionalism theory (‫)النظرية الوظيفية‬: it stated that, states might cooperate to exercise a certain function,
especially through the establishment of such an IO to do so.
▪ Note: There are many other theories in this regard, such as Institutionalism theory ( ‫النظرية‬
‫)المؤسساتية‬, Constructivism theory (‫)النظرية البنائية‬, Liberalism theory (‫)النظرية الليبرالية‬, Marxism
theory (‫)النظرية الماركسية‬, Feminism theory (‫)النظرية النسوية‬, and so on.

3 ‫عبدالعزيز مال هللا‬

 Topic Three
The Legal Position of International Organizations

Introduction: before the 20th century, only states were considered subjects of international law. In the 20th century,
IOs are also considered to be subjects of international law and have rights and obligations (legal personality) under
that law.

Legal Personality of IOs (General Knowledge):

• Legal Personality of IOs Under Domestic Law: Every legal system determines the requirements for legal
personality. entities granted legal personality in international law, are also granted legal personality in
domestic law.
o Case (Arab Monetary Fund ‫ صندوق النقد العربي‬v. Dr. Hashim): 20 Arab states and others, brought a
case in the English court against its former Director-General (‫)مديرها العام السابق‬, Dr. Hashim, claiming
a misappropriation (‫ )اختالس‬of AMF funds. Dr Hashim claimed that the AMF did not have legal
personality under English law so had no capacity to begin legal proceedings. However, the court held
that, The AMF was given legal personality by the UAE, and this court will recognize that as well,
therefore, the AMF can sue Dr. Hashim.
o Legal Personality in constituent treaties of IOs: nowadays, many constituent treaties of IOs
address the issue of legal personality: Examples:
▪ United Nation Charter stated that “The Organization shall enjoy, in the territory of each of its
Members, such legal capacity as may be necessary for the exercise of its functions and to
fulfill its purposes”.
▪ Treaty on the European Union (TEU) stated that “The European Union has legal personality
and shall enjoy the most extensive legal capacity in Member States”.
• Legal Personality of IOs Under International Law:
o When do IOs have legal personality? There are two main theories in this regard:
A- The First Theory (subjective theory of personality, or the ‘will theory’): the founders of the
organization decide on the legal personality. However, this is not always clear, at least in
constituent treaties.
B- The Second Theory (objective theory of personality): Seyersted said that, an IO has the legal
personality when it meets the requirements by international law. Mainly, to have a distinct will
of its own.
o Legal Personality of IOs by International Courts: IOs are considered to have a sui generis ( ‫فريدة‬
‫ )من نوعها‬legal personality.
▪ PCIJ (1928): The Permanent Court of International Justice (PCIJ: established in 1922,
dissolved in1946): held that, the organization (Mixed Commission) established upon the
treaty of the Exchange of Greek and Turkish Populations ( ‫اتفاقية نقل المسلمين من اليونان الى تركيا‬
‫ )ونقل المسيحين من تركيا الى اليونان‬has legal personality.
▪ ICJ (1949): International Court of Justice (ICJ: Established in 1945): in 1948, UN sent a
Mediator (‫ )وسيط‬and other members to Palestine, however, they were been assassinated
(‫ )اغتيلوا‬by Israel. So, The UN asked the ICJ whether it has the capacity to bring an
international claim against the State responsible to obtain reparation for damage caused. In
1949, the ICJ regarding the Reparation Opinion, said that, IOs are subject of International
law (ICJ formally recognized IOs as a subject), and without having legal personality, it won’t
be able to do its functions and purpose.

4 ‫عبدالعزيز مال هللا‬

 ▪ ICJ (1951): it gave and Advisory Opinion on the Interpretation of the Agreement of 1951
between the World Health Organization (WHO) and Egypt, and made it clear that that
international organizations are subject of international Law; therefore, they are bound by that
law.

The Powers of IOs: There is a close connection between powers and legal personality. An IO cannot exist without
powers, but where do these powers come from? There are some doctrines (‫ )نظريات‬in this regard:
• Doctrine of Attribution-Conferral Powers (‫)نظرية االختصاصات الممنوحة‬: The founders of an Organization
grant certain powers (in the constituent treaty) and that will must be respected. In addition, Powers not
expressly granted are the result of intentional omission (‫ )االغفال المتعمد‬and that intention must be respected.
Therefore, IOs and their organs can only do things that they are empowered.
o Example: The UN Charter states that “the UN shall not intervene in matters which are essentially
within the domestic jurisdiction (‫ )االختصاص الداخلي‬of any state”.
▪ Note: In extreme circumstance, this means that the IO is only the mouthpiece of its members
(‫)الناطق بلسان أعضاءه‬. However, IOs are dynamic and continuously developing.
• Doctrine of Implied Powers (‫)نظرية االختصاصات الضمنية‬: The implied powers come from the need to interpret
constituent treaty in away which guarantee its fullest effect. In addition, if the founders of an Organization
had thought of these powers, they would have granted them to the Organization.
o PCIJ (1928): The court, in the case of the Interpretation of the Greco-Turkish Treaty, has determined
that in situations where the organization (mixed commission) could not reach agreement, the treaty
called for resort to arbitration (‫ )نادت االتفاقية باللجوء الى التحكيم‬but it failed to identify the party entitled to
do so. Therefore, the organization (mixed commission) impliedly had the power to identify that party
(Powers impliedly come from expressly existence powers).
o PCIJ (1926): The court gave an Advisory Opinion regarding the International Labour Organization,
it stated that “Under international law, the Organization must be considered to have implied powers
which are not expressly provided in the Charter, are conferred upon it by necessary implication
(‫ )ضرورة ضمنية‬as being essential to the performance of its duties.” (This wider version of the doctrine
is often thought the correct one).
▪ Note: The ICJ even extended the powers of the UN and its organs farther and stated that
“powers may be implied if they can be hooked up (‫ )يمكن ربطها‬to the purposes of the
Organization” (This has been limited to the UN).
• Doctrine of Inherent Powers (‫)نظرية االختصاصات المالزمة‬: These are powers which the Organization needed
to achieve their aims not due to any source of organizational powers. As long as acts are not prohibited in
the organizational constituent treaty, they are legally valid. In other words, the act must aims to achieve the
Organization’s purpose and are not expressly prohibited.
▪ Note: UN scholars have used inherent powers rather than implied powers, as where
Organizations have inherent powers there is no need to try to find implied powers. In addition,
In the EU the inherent powers idea has seemed more believable than the implied powers in
the external powers framework of the EU.
▪ Note: ICJ has never outright supported the idea of inherent powers.

5 ‫عبدالعزيز مال هللا‬

 Topic Four
International Organizations and the Law of Treaties

Introduction: The constituent documents of international organizations are treaties concluded between states,
however, these treaties are special because they establish international organizations and sometimes, different rules
apply. Constituent treaties are specific as they are often concluded for an indefinite period. Power is used here to
achieve a common goal (‫ )هدف مشترك‬rather than - as with other treaties - achieving concurring goals (‫)اهدف متفق عليها‬.

The Constitution of International Organizations: The founding treaty represents the most important legal source
of any international organization. Sometimes it has different names, but all mean the same, For example, Covenant
(League of Nations), Charter (United Nations), Articles of Agreement (World Bank), Convention (Multilateral
Investment Guarantee Agency), Treaty (European Union).

The United Nations Charter: If there is a conflict between a treaty and the UN Charter, the UN Charter will
prevail (‫ )المنتصر او الذي يجب تطبيقه‬which gives it a higher legal norm (‫)قاعدة قانونية اعلى‬. Therefore, some views believe
that, the UN Charter is not only the Constitution of the UN, but also of the International Community.
• Article 103 of the UN Charter: states that “In the event of a conflict between the obligations of the
Members of the United Nations under the present Charter and their obligations under any other international
agreement, their obligations under the present Charter shall prevail”.
o Note: Dag Hammarskjold (UN Secretary General: ‫ )امين عام األمم المتحدة‬said that “The principles of the
Charter are greater than the organization, and the aims which they are to safeguard ( ‫واالهداف التي يتطلب‬
‫ )حمايتها هذا الميثاق‬are holier (‫ )أكثر قدسية‬than the policies (‫ )السياسات‬of any single state”.

The Vienna Convention on the Law of Treaties (VCLT): This treaty is the law that governs and regulates
International Treaties. Therefore, it applies also to treaties constituting international organizations and treaties
adopted under the authority of international organizations (VCLT Article 5).

Joining a treaty or IOs:

• Accession (‫ )االنضمام‬to Treaties: Accession is the act where a state desires and willing to join an existed
treaty and to be bound by that treaty.
▪ Note: in the VCLT, the term “accession” mentioned next to the terms “ratification”,
“acceptance”, and “approval” refers to the agreement by a state to be bound by a treaty.
• Accession (‫ )االنضمام‬or Admission (‫ )قبول االنضمام‬to IOs: Joining an IO may in addition require the approval,
whether the approval by one organ of the organization (such as: International Organization for Migration),
or the approval by two or more organs (such as: UN), or the approval by one or more organs as well as the
new member concludes an accession treaty (Such as: WTO, EU).

Reservations (‫)التحفظ‬: According to article 2 of the VCLT, a reservation is “a unilateral statement ( ‫اعالن من جانب‬
‫ )واحد‬made by a state when signing, ratifying, accepting, approving or acceding to a treaty ( ‫عند توقيعها أو تصديقها أو‬
‫)قبولها أو إقرارها أو انضمامها إلى معاهدة‬, where it aims to exclude or modify the legal effect of certain provisions of the
treaty in their application to that state (‫)مستهدفة استبعاد أو تغيير األثر القانوني لبعض أحكام المعاهدة من حيث سريانها على تلك الدولة‬.
• When often Reservations are used? Reservations are often used in multilateral treaties ( ‫اتفاقيات متعددة‬
‫ )االطراف‬because it is practically impossible (‫ )مستحيل عمليا‬to gain consensus (‫ )إجماع‬between 100 or more states
on a specific thing, such as the treaty obligations conflicting with a state’s religious or cultural principles.
Therefore, Reservations increases the number of states joining the treaty.
▪ Note: Reservations are not used in bilateral treaties (‫ )اتفاقيات ثنائية االطراف‬as there would be no
agreement between the two parties.

6 ‫عبدالعزيز مال هللا‬

 • When a reservation is allowed? A reservation is generally allowed unless: 1- The reservation is prohibited
by the treaty. 2- The treaty provides that only specified Reservations can be made. 3- The reservation is
incompatible with the object and purpose of the treaty (Called: Compatibility test for reservations).
▪ Note: The reservation will not be effective to another state unless that state accepts it, either
expressly or by silence. In practice, most objections to reservations are made because the
reservation is prohibited and usually because it fails the compatibility test.
o The compatibility test for reservations: this test has been adopted by the ICJ in the 1951, and
adopted by the VCLT. The ICJ stated that “a state which has made a reservation that has been
objected to by one or more of the parties to the Convention but not by others, can be regarded as
being a party to the convention if the reservation is compatible with the object and purpose of the
convention”.
▪ Note: Opinions differ as to what the object and purpose of any given treaty is; and it’s even
harder to agree as to whether or not a particular reservation is incompatible with the treaty’s
object and purpose.
• Reservation and International Organizations: Article 20 of the VCLT states that “When a treaty is a
constituent treaty of an international organization and unless it otherwise provides (‫)ما لم تنص االتفاقية على خالفة‬,
a reservation requires the acceptance of the competent organ of that organization”.
▪ Note: However, few constituent treaties state which organ has the authority, but it seems that,
the organ with the authority to decide on membership admission has the authority to decide
on the compatibility of reservations.
▪ Note: Because reservations may practically always be contrary to the object and purpose of
a constituent treaty, states have used “Interpretative declaration” instead of reservations
whereby a state sets down the meaning it gives to a certain provision.

Revision (‫)تنقيح‬: It is changing or amending (‫ )تعديل‬of an existed treaty. Many IOs treaties contain provisions which
regulate the revision, but some others are silent in this regard.
• IOs Treaties which regulate the revision: These treaties regulate the process and the requirement of the
revision.
o Examples:
▪ Treaty on European Union stated that “amendments are to be discussed at intergovernmental
conferences specially convened, and shall enter into force after being ratified by all members
(Unanimity ‫”)اجماع‬.
▪ UN Charter stated that “a general conference may be held to review the Charter, and
amendments to the Charter must be adopted by a vote of 2/3rds of the members of the General
Assembly (2/3 majority ‫)اغلبية الثلثين‬, and should be ratified by 2/3rds of the member states,
including the Permanent 5 members (P5) of the Security Council. The amendments shall bind
all UN members, even those that did not accepted the amendments”.
• Some examples of UN amendments:
o Amendment of Article 23: increasing the number of Security Council from 11
to 15.
o Amendment of Article 27: increasing the number the required votes for
decisions of the Security Council from 7 to 9.
• IOs Treaties which do not regulate the revision: Some IOs treaties do not contain provisions regarding
the revision (Silent), then VCLT rules will apply, which states that “amendments to multilateral treaties do
not bind states which do not become parties to the amendment. In addition, parties who have agreed to

7 ‫عبدالعزيز مال هللا‬

 amendment can use that amendment, but not affecting the rights and obligations of parties which have not
agreed”.
▪ Note: VCLT tries here to protect states sovereignty by bounding the state by the version of
the document that have agreed to be bound by (the first version).

Withdrawal (‫ )انسحاب‬and Termination (‫ )انهاء‬of Membership: According to the VCLT, if the constituent treaties
are silent, the general rule is that the treaty is not subject to withdrawal. However, a treaty can be subject to
withdrawal even if it silent if the right of withdrawal can be shown as the intention of the drafters, and if it can be
implied from the nature of the agreement itself.
• Examples of IOs Treaties regulate Withdrawal and Termination:
o World Trade Organization (WTO) Agreement: This agreement has a provision on withdrawal (unlike
many other international organizations), which stated that “Any Member can withdraw from this
Agreement. Such withdrawal shall take effect upon the expiration of six months from the date on
which written notice of withdrawal is received by the Director-General (‫ )مدير عام‬of the WTO”
o Treaty of the European Union (TEU): the withdrawal from this treaty is expressly possible, but the
agreement of the European Parliament is necessary.
• Example of IOs Treaties do not regulate Withdrawal and Termination (silent):
o UN Charter: There is neither a withdrawal clause nor is the term “termination” of membership used
in the Charter. However, each estate has the right to withdraw on the basis of the principle of the
sovereign equality of the members.
▪ Example: Indonesia withdrew from the United Nations in 1965 and on in 1966 expressed its
desire to resume its cooperation (‫)تستأنف تعاونها‬, a desire granted by the General Assembly.

Interpretation (‫ )تفسير‬of Treaties:

• How Treaties should be interpreted? According to the VCLT, a treaty shall be interpreted in good faith
(‫ )بحسن نية‬in accordance with the ordinary meaning to be given to the terms of the treaty ( ‫وفقا للمعنى المعطى‬
‫ )أللفاظ االتفاقية‬in their context (‫ )في سياقهم‬and in the light of its object and purpose ( ‫وفي ضوء موضوع وغرض‬
‫)االتفاقية‬.
▪ Note: It is clear that, VCLT took a good step by mixing between the approach which tries to
Interpret treaties only in accordance with their ordinary meaning in their context (following
the text or discovering the intent of the drafters), and the approach which focus on the object
and purpose of the treaty when Interpreting (Teleological interpretive approach: ‫المنهج الغائي‬
‫)في التفسير او الذي يرتكز على الغاية في التفسير‬.
▪ Note: Interpretation of International Courts they tend to (‫ )يميلون الى‬interpret constituent
treaties according to the goals for which the Organization was created or rather (‫)او باألحرى‬
according to the goals that the courts found by themselves as the reason for creating such
Organization.
• Who has the power to Interpret treaties? With normal treaties, each party is entitled to interpret for itself,
However, with IOs, the general principle is that, each organ is responsible for interpreting the constituent
treaty, and member states should agree with interpretations offered by organs. So, if the UN Security Council
decides on a meaning for a term in the Charter, other member state cannot give the term an opposite meaning.

8 ‫عبدالعزيز مال هللا‬

 Topic Five
Membership in International Organizations

Introduction:
• International organizations are established, function, and may be terminated by their members. They are
established by at least three members to make sure that in case one member would withdraw from it ( ‫ينسحب‬
‫)منها‬, the international organization would not vanish (‫( )تتالشى‬some others believe 2 members is enough).
• The word “member” comes from the Latin word “membrum” which means “part of the body”. So, “body”
refers to the international organization and the “parts” refers to its members.
• Blokker said that “international organizations belong to all members and to none”.

Membership policies: These policies determine:

A- The conditions to join the IO.
B- Whether the IO has an open-door policy (Universal) or closed-door policy (Limited).
C- Whether there are differences between original and non-original members.
D- Whether there are differences in representation and voice of members.
E- How the decision-making processes works (What type of voting is required).
F- Opportunities to influence decision-making.
G- etc.

Open-Door Policy (Universal) or Closed-Door Policy (Limited):

A- Universal: these IOs are open to all states to join, such as the United Nation. These IOs usually have
heterogeneous members (‫)أعضاء غير متجانسين‬.
B- Limited: these IOs are not open to all states to join, instead, they place limitation on memberships, and
usually they have homogeneous members (‫)أعضاء متجانسين‬. These limitations are based on:
a. Geographical: these IOs are open to specific states in a region.
▪ Examples:
• The European Union.
• The Organization of African States.
• The Organization of American States.
b. Non-geographical: these IOs are open to specific states not in one region.
▪ Examples:
• The Organization of Petroleum Exporting Countries (OPEC):
o Membership Criterion = Petroleum Exporting Countries.
• The North Atlantic Treaty Organization (NATO):
o Membership Criterion = Common political and ideological values.
• The Organisation internationale de la Francophonie (OIF):
o Membership Criterion = States who use French Language.
• The World Bank:
o Membership Criterion = States who are members in the International
Monetary Fund (IMF).
▪ Note: So, the Non-Geographical can be based on many things, such as Ideology, religion,
history, specific aims, status (such as being a Petroleum Exporting Country in OPEC), or a
combination of them (Such as being a Petroleum Exporting Country and Arab in the
Organization of Arab Petroleum Exporting Countries (OAPEC)).

9 ‫عبدالعزيز مال هللا‬

 • Who can join International Organizations? Usually, states only can join IOs. However, sometimes
(exceptional) other entities can join IOs.
▪ Examples:
• Colonies (‫)مستعمرات‬: such as India – which was under the British Empire - in the
League of Nations.
• Federal Units not possessing sovereignty (‫)وحدات فيدرالية ال تتمتع بالسيادة‬: such as Ukraine
in the United Nations.
• International Organizations: such as EU in the WTO.
• Separate customs territories (‫)مناطق جمركية منفصلة‬: such as Taiwan in the WTO.

Acquisition of Membership ‫( الحصول على العضوية‬Original and Non-Original Members): Some IOs make a
distinction between original and non-original members. For example, the League of Nations, the United Nations,
the WTO, the IMF.
A- Original Members: Without these members, the IO would never been established, and a state can
acquire the membership in an IO (as an original member) by participate in the negotiation of this
establishment.
▪ Note: Original members are also called the “a priori members”.
B- Non-Original Members: After the establishment of an IO, the acquisition of the membership can be
done through accession ‫ االنضمام‬or admission ‫( قبول االنضمام‬as a non-original member).
▪ Note: Non-Original members are also called admitted members.
▪ Note: in the Vienna Convention on the Law of Treaties (VCLT), the term “accession”
mentioned next to the terms “ratification”, “acceptance”, and “approval” refers to the
agreement by a state to be bound by a treaty.
• Acquisition of Membership in the United Nations: the UN started with small number compared to its
constant growth by an average of 2.15 additional members every year for around seven decades. The UN
started by 51 original members in 1945, then 99 members in 1960, then 151 members in 1978, and finally
193 in 2011 (last state was South Sudan).
1- UN Original Members: these members represent the states who participated in the United Nations
Conference on International Organization in San Francisco, or who had signed the Declaration of the
United Nations by 1 January 1942 and signed and ratified the Charter.
2- UN Non-Original Members: these members represent the states who applied for membership based on
Article 4 of the UN Charter. This article determines the substantive and procedural conditions on
admission:
a. The Substantive Conditions on admission: Article 4 paragraph 1 of the charter provides that
“Membership in the United Nations is open to all other peace-loving states which accept the
obligations of this Charter and, in the judgment of the Organization, are able and willing to carry
out these obligations” ( ‫ والتي تقبل بااللتزامات‬،‫العضوية في األمم المتحدة مباحة لجميع الدول األخرى ال ُمحبة للسالم‬
‫ والتي ترى المنظمة أنها قادرة وتريد تنفيذ هذه االلتزامات‬،‫)هذا الميثاق‬.
▪ A problem: The members of the UN could not agree whether these conditions are exhaustive
or whether new conditions for membership can be introduced. However, a practice introduced
an additional condition which was blocking admission of states. In order to solve this issue,
the ICJ was asked to give an Advisory Opinion:
• ICJ: held that “the conditions are an exhaustive enumeration, neither guidance nor
example”

10 ‫عبدالعزيز مال هللا‬

 b. The Procedural Conditions on admission: Article 4 paragraph 2 of the charter provides that
“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” ( ‫قبول أية‬
‫)دولة في عضوية األمم المتحدة يتم بقرار من الجمعية العامة بناء على توصية مجلس األمن‬. Therefore, the procedure
for admission starts by the submission of an application to the Secretary General, who sends a
copy to the Security Council and the General Assembly. If the Security Council recommends
membership, then the application is sent to the General Assembly for a decision.
▪ A problem: The members of the UN could not agree whether the General Assembly can,
without a recommendation of the Security Council, decide on the admission or no. In order
to solve this issue, the ICJ was asked to give an Advisory Opinion:
• ICJ: held that “the admission cannot be effected by a decision of the General
Assembly when the Security Council has made no recommendation for admission
either because the candidate did not obtain the require majority or because of a
negative vote of a permanent Member upon a resolution so to recommend”.
o Note: There is no doubt for the Court that two things are required for an
admission to take effect: 1- A Security Council “recommendation”. 2- A
General Assembly “decision”.

Representation: The Government represent the state inside international organization. However, if a state has more
than one government, which one is supposed to represent the state? IOs do not usually address this issue.
• In the United Nation: Taiwan or People’s Republic of China (PRC) should represent China in the UN? In
1971, Both the Security Council and the General Assembly made a decision of dismissing the Taiwanese
representatives and let in those from PRC.

Termination of Membership (‫)انهاء العضوية‬: Membership may come to an end in cases of termination which takes
the form of withdrawal or expulsion.
A- Withdrawal (‫)انسحاب‬: it is a unilateral act of the free will of a member to withdraw from an IO, so it is
voluntarily.
▪ Note: The constituent document might grant a right for members to withdraw, but If there is
no such provision, the Vienna Convention of the law of treaties (VCLT) applies. Some jurists
believe that states have a right of withdrawal linked to their sovereignty.
B- Expulsion (‫)طرد‬: it is an enforcement measure enforced upon and taken against a member to be expelled
from an IO, so it is not voluntarily.
▪ Note: Membership may come to an end as well if the IG or the member (state) stops to exist.
Which means when the IG dissolved ‫( حل المنظمة‬such as the League of Nations), or when a
state stops being a state.
▪ Note: Membership may only be limited and not terminated in cases of suspension (‫)تعليق‬.
Suspension represents a sanction for non-compliance by suspending a member rights which
vary from loss of voting, attendance or using the services of the IO.
• In the United Nation:
o Expulsion: Article 6 of the UN Charter provides that “A Member of the United Nations which has
persistently (‫ )باستمرار‬violated the Principles of this Charter may be expelled from the Organization
(‫ )جاز طرده من المنظمة‬by the General Assembly upon the recommendation of the Security Council”
▪ Note: Expulsion is a very drastic measure (‫ )اجراء قاسي جدا‬because if you expel a state you lose
control over it. Better to keep the state in and try to persuade it (‫ )محاولة اقناعها‬to comply in
other ways.

11 ‫عبدالعزيز مال هللا‬

 o Suspension: Article 5 of the UN Charter provides that “A Member of the United Nations which has
been taken against him a preventive or enforcement action ( ‫دولة اتخذ مجلس االمن ضدها عمل من اعمال المنع‬
‫ )او القمع‬may be suspended from the exercise of the rights and privileges of membership by the General
Assembly upon the recommendation of the Security Council”. This article has never been used.
▪ Note: According to Article 19 of the UN Charter, if a member does not pay its required
contributions, it may lose its voting rights. This happened to Haiti in 1963 and to the
Dominican Republic in 1968.
▪ Note: The suspension is only of rights not of obligations or duties under the Charter.

12 ‫عبدالعزيز مال هللا‬

 Topic Six
Financing of International Organizations
Introduction:
• IOs estimated income and expenses are set out in the annual budget, prepared by the administrative organ,
and submitted for approval according to procedure to its appropriate body.
• The budget period and the specificity of budgeted items may have great effect on the working ability of an
IO (within the budget).

Sources of Incomes:
1- Members Contribution: Members of IOs usually have an obligation to pay a fee or contribution to
finance the organization. If members do not pay, they are in violation of the obligations for membership,
and they may have consequences (such as losing voting right). Functional logic says that when IOs do
something for members, they should pay, and should not benefit from the IO services if they refuse to
pay.
▪ Note: Sometimes states are willing to pay only when the IO meets certain unilaterally
determined requirements (possibly not connected with primary functions of the IO) Such as
in 1997, the U.S. owes about 1.3 billion dollars in arrears (‫ )متأخرات‬to the United Nations and
put some conditions on the UN to pay them. However, IOs should not make promises
demanded (if they make a promise, it will be illegal), because member states originally agreed
to the obligation to pay when they became members, they cannot later demand something
else in return for payment.
▪ Note: in most IOs, a member’s contribution is assessed based on its perceived capacity ( ‫القدرة‬
‫ )الملموسة‬to pay which, in turn, depends largely on national income, national per capita income
(‫ )الدخل القومي للفرد‬and the level of development. These decisions of assessment are political
decisions. Other IOs uses a system of equal contributions between members such as OPEC,
while others allow member states to choose from contribution options.
▪ Note: An obvious reality is that when it comes to financing, economically more advanced
states carry a greater financial responsibility.
2- Voluntary Contributions (Donations): large parts of the income may come from voluntary
contributions (Gifts, donations, assistance in kind ‫مساعدات عينية‬, ... etc). These contributions may come
from states, corporations or individuals. In addition, the private sector can sponsor conferences or
meetings as well.
o Examples: In 1997, Ted Turner gave the UN a gift of $1 billion. In 2006, Coca-Cola lent the UN,
refrigerated trucks (‫ )شاحنات مبردة‬to transport polio vaccines (‫ )لقاحات شلل االطفال‬through Africa.
▪ Note: Usually, voluntary contributions are given by member states to gain political influence
within the IO and control what the contributions are used for, so they can sponsor projects or
programs or agencies. These contributions will decrease the effectiveness of the IO.
3- Private Activities: Some IOs raise money from engaging in private activities such as selling goods and
services.
o Examples: IMF and World Bank finance themselves by giving loans to states, and generates money
when the loans are paid back.
▪ Note: The UN will not allow its name or emblems (‫ )شعارات‬to be used for sponsorship or
products. But the UN Office of Legal Affairs does allow the emblems of UN-associated
organizations to be used for commercial purposes.

13 ‫عبدالعزيز مال هللا‬

Type of Expenditures:
1- Administrative expenses: these are expenses of running the organization, such as office rent, staff
salaries, staff travel, conferences, equipment.
▪ Note: In most cases, member contributions should cover at least the administrative expenses.
▪ Note: Sometimes other expenses are incurred (‫ )تكبد نفقات أخرى‬for poorer states such as costs
to attend meeting.
2- Functional Operations expenses: these are expenses of doing the organization functions, such as UN
expenses for peacekeeping mission, special rapporteurs (‫ )مقررون خاصون‬etc.
In the United Nations:
• The Budget: Article 17 of the UN Charter provides that “The General Assembly shall consider and approve
the budget of the Organization (including any financial and budgetary arrangements with specialized
agencies) …). The budget is proposed by the Secretary General based on input (‫ )معلومات‬from departments,
then it goes through a number of committees before it is eventually submitted to the General Assembly for
a final approval.
▪ Note: The General Assembly by a two-thirds majority considers and approves the budget. As
of 1986, the draft budget (‫ )مشروع الميزانية‬of the UN is adopted by consensus (which requires
no member objection).
▪ Note: The budget of the UN is often been criticized as insufficient.
• Members Contributions: Article 17 of the UN Charter provides that “…The expenses of the Organization
shall be borne by the Members as apportioned (‫ )موزعه‬by the General Assembly” (Similar article of the
League of Nations). The assessment of the contributions (‫ )تقييم المساهمات‬is based primarily on the Gross
National Product (‫( )الناتج القومي اإلجمالي‬GNP) per country. Therefore, there is no equality of obligations
between UN members.
▪ Note: GNP is the total value of goods produced and services provided by a country during
one year, which is equal to the gross domestic product (‫ )الناتج المحلي اإلجمالي‬plus the net income
from foreign investments (‫)صافي الدخل من االستثمارات االجنبية‬.
o Example (Regular budget of 2011/2012): According to the contributions to the regular budgets
for 2011 and 2012, members contributions are:
a. The 10 largest contributors: provide 71.286% of the total budget, and they are:
i. United States 22%:
ii. Japan 12.530%.
iii. Germany 8.018 %.
iv. United Kingdom 6.604 %.
v. France 6.123%.
vi. Italy 4.999%.
vii. Canada 3.207%.
viii. China 3.189 %.
ix. Mexico 2.356.
x. Republic of Korea 2.260%.
▪ Note: The contribution of the United Stated was initially (‫ )في البداية‬39.89 %, and since 2000
it has decreased to 22%.
b. The remaining 183 contributors: provide 28.714% of the total budget.
▪ Note: these all numbers do not show any correlation (‫ )ارتباط‬between the financial
contributions of members and their rights.
▪ Note: if there is an equal distribution of contributions between members, each UN member
will contribute with around 0.518% of the total budget.

14 ‫عبدالعزيز مال هللا‬

 • What happen if a member does not pay its contribution? Article 19 of the UN Charter provides that “A
Member of the United Nations which is in arrears in the payment (‫ )متأخر في الدفع‬of 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
allow this Member to vote if it shows that the failure to pay is due to circumstances beyond its control and
ability”. If the GA agrees that (by 2/3rds majority vote) the failure to pay is beyond the state’s ability, it may
then continue to vote.
▪ Note: There is a contentious issue (‫ )قضية مستمرة‬as various countries withheld (‫)رفض إعطاء‬
their financial obligations for various reasons.
▪ Note: Loss of UN voting rights does not extend to sub-organs or committees and does not
affect quorum requirements or required majorities for decision-making.
▪ Note: Late payment unfortunately has become almost routine behavior for states, thus ( ‫ومن‬
‫ )ثم‬exposing (‫ )تعريض‬the Organization to continuous financial crises.
• Case: In 1962, since the Security Council did nothing, the General Assembly decided to organize
peacekeeping operations in the Middle East and Congo. Two of the Security Council members refused to
pay their contributions by claiming that, the peacekeeping was not ordered by the SC so it was illegal activity
that should not be financed, and thus, these expenses will not be considered as an expense of the organization
within the meaning of Article 17. In order to solve this issue, the ICJ was asked to give an Advisory Opinion:
o ICJ: held that:
▪ First: There is no difference between administrative expenses and operational expenses in
the Charter.
▪ Second: Even though, peacekeeping is the primary responsibility of the SC, but it is not an
exclusive power of the SC, so the GA as well can deal - within limits - with the maintenance
of international peace and security.
▪ Third: If an activity is not specifically mentioned as a function or as an expense in the Charter
(Peacekeeping is not mentioned), then it will be legitimate if it is compatible with the purposes
of the UN, and thus it will be considered as an expense of the organization within the meaning
of Article 17. Therefore, the peacekeeping operation is legitimate and its expenses are
considered as an expense of the organization.
• Note: The Court found the purposes of the UN to be so broad as to include the
expenses at issue, and no objection was raised in the GA when the issue of sending
troops to the Middle East and Congo was discussed. The states now refusing to
contribute based on the illegality of the activity should have raised their objections in
the beginning.

In the World Trade Organization (WTO):

• The Budget: According to Article 7 of the WTO Agreement, the Director-General (‫ )المدير العام‬presents the
annual budget estimate to the Committee on Budget, Finance and Administration. This body then makes
recommendations (including scales of contribution ‫ جداول المساهمة‬by WTO Members) to the General Council
(‫)المجلس العام‬, which adopts the annual budget by a two-thirds majority and more than half of WTO Members.
▪ Note: The WTO has a modest budget (‫ )ميزانية متواضعة‬compared to other international
organizations. In 2014, its total budget amounted to 197 million Swiss Francs (equals to
197.35 million US dollars).
▪ Note: WTO incomes mostly come from members contribution, and to an extent from different
sources such as rental fees, sale of WTO publications.

15 ‫عبدالعزيز مال هللا‬

 • Members Contributions: The contribution of each Member depends on each Member’s share in global
trade. However, no member contributes with less than 0.015% of the total budget.
o Example (budget of 2014): members contributions are:
a. The 10 largest contributors: provide 55.12% of the total budget, and they are:
i. United States with 12.42 %.
ii. Germany 8.85%.
iii. China 6.87%.
iv. Japan 4.96%.
v. United Kingdom 4.84%.
vi. France 4.48%.
vii. Italy 3.74%.
viii. Netherlands 3.23%.
ix. Canada 3.021%.
x. Republic of Korea 2.68%.
b. The remaining contributors: they provide 44.87 % of the total budget.
▪ Note: The largest contributors are the Members of the European Union because their share is
calculated taking into account both the trade between the European Union members and the
trade between the European Union and third countries. However, The European Union itself
does not contribute to the WTO budget.

16 ‫عبدالعزيز مال هللا‬

 Topic Seven
Privileges and Immunities of International Organizations

Introduction: States and their leaders have privileges and immunities from being suit in the courts of a foreign state
(at least for governmental acts and not commercial acts). In addition, The Diplomatic representatives ( ‫الممثلين‬
‫ )الدبلوماسيين‬are given also privileges and immunities under international law to allow them performing their functions.
In addition, diplomatic missions (‫ )البعثات الدبلوماسية‬and their property (‫ )وممتلكاتهم‬are generally inviolable ( ‫ال يجوز المساس‬
‫)بهم‬. These immunities include civil and criminal immunity from legal actions, unless these immunities are waived.
Therefore, IOs have immunity similar to states (without having the sovereign powers), and the people who are
working for IOs have similar immunity to diplomats.

Privileges and Immunities (P & Is) of International Organizations: IOs have immunity as it is a necessity to
allow them performing their functions (the principle of functional necessity) in fulfillment their purposes. For
example, The UN Charter, Article 105 gives privileges and immunities to the organization itself, representatives of
member states, and UN officials. This is similar to other treaties, such as the Convention on Privileges and
Immunities of the UN 1946, as well as the UN & US agreement regards the Headquarters of the UN 1947.
• How P & Is are given? Usually it is given as a result of negotiations between the IO and the host state.
▪ Note: There is no single document governs the diplomatic relations involving international
organizations and their staff, and those representing states to their organizations. In addition,
the law relating to privileges and immunities of IOs consists of many treaties, other legal
instruments, and domestic legislation.
▪ Note: an IO and the host state may have a separate headquarters agreement, or the relations
between these two entities may be regulated by domestic legislation.
• What IOs Functions require P & Is? no one can agree on the type of functions that require immunity and
what functions does not require that, so it is very difficult.
• What is the scope of IOs’ P & Is? The scope of an organization’s privileges and immunities are not fixed.
Some IOs are given almost absolute immunity, while some others are given very narrow privileges and
immunities. However, organizations should not be allowed to commit violations of public order or human
rights under the shield of its functional necessity and immunity.
• The law of the Host state: Privileges and Immunities do not mean that the law of the host state does not
apply at all, instead, it will be applied except where set aside by the IOs treaty or headquarter agreement. For
example, the UN & US agreement regards the Headquarters of the UN stated that “US law continues to apply
except where set aside by UN regulations”.
▪ Note: Some jurists believe that Immunity means the immune from the whole local legal
system.
▪ Note: Most IOs in the world are hosted in the Netherlands, Austria, Switzerland and the US.

The UN different subjects who have privileges and immunities: Convention on Privileges and Immunities of
the UN 1946 (which is a model for many other similar documents) gives privileges and immunities to 4 different
subjects:
1- First (The Organization itself “The UN”): which includes the Organization, its property, and its
assets, which all of them are immune from legal process unless the immunity is waived.
▪ Note: the premises of the UN and its archives and documents are inviolable and no
censorship (‫ )رقابة‬should be applied to its communications.
2- Second (The Representatives of Member States): These representatives have the same privileges
and immunities of diplomatic envoys (‫)المبعوثون الدبلوماسيون‬.

17 ‫عبدالعزيز مال هللا‬

 ▪ Note: the representatives are exempt from immigration restrictions.
▪ Note: the representatives are given the freedom of speech, and they cannot be subject to a
suit for their speech (expressed orally or written) or acts. However, Member states are
under a duty to waive immunity if they feel that continued immunity would hinder the
justice (a limitation on the immunity).
▪ Note: there will be no privileges or immunities if the representative is a national of the
host state (another limitation based on the principle of nationality discrimination).
3- Third (The Officials in the UN): The highest-ranking UN Officials have the same privileges and
immunities of diplomatic envoys, while less ranking UN Officials have narrowed privileges and
immunities only for acts while performing their function (so there is no immunity for acta unrelated
to their functions)
▪ Note: The Secretary General is under a duty to waive immunity form a UN official if he
feels that continued immunity would hinder the justice.
4- Fourth (The Experts on mission of the UN): These experts have privileges and immunities from
arresting or suit.
o Case (Mazilu): Mazilu is a Romanian who was a member in a UN Sub-Commission on the
Prevention of Discrimination and Protection of Minorities, and was under a duty to prepare a report
on human rights. Romania was unhappy with his performance (conflict with official policy), and it
said that he is mentally uncapable of finishing his report, so it has removed his travel rights. However,
the UN Economic and Social Council, asked the ICJ to give an advisory opinion regarding whether
Mazilu has immunities against this on no.
▪ The ICJ: it held that “the UN & US agreement regards the Headquarters of the UN is applied
on experts on missions and on their own states, therefore, Mazilu has privileges and
immunities from arresting or suit”.
• Note: The court included in the experts on mission, peacekeeping forces, technical
assistants, members of committees and commissions.

18 ‫عبدالعزيز مال هللا‬

 Topic Eight
Institutional Structures of International Organizations

Introduction: Most IOs have organs intended to perform different functions and also sometimes to keep each other
in check (such as between UNGA and UNSC). However, the organs do not have separate legal personality from the
Organization itself.

IOs Organs: most IOs have three main organs, which are:
1- First (A plenary Organ): which is the organ for every member of the organization. So, all members are
represented there. Such as UN General Assembly,
2- Second (A non-plenary Organ): This organ is limited for only some members of the organizations, So,
not all members are represented there. Such as UN Security Council,
▪ Note: usually the non-plenary organ has more power than the others.
3- Third (A Secretariat): This organ is the administrative body, which are the staff who are working there
These staff are not members in the Organization, as well as they do not represent states or bound by
them. Instead, they are considered to be independent Civil Servants and International officials of the
Organization and are only responsible to the organization.
▪ Note: The secretariat in the UN consists of the Secretary-General and the working staff. The
Secretary General (which is the boss of this body) is appointed by the General Assembly upon
the recommendation of the Security Council, while the staff are appointed by the Secretary
General.
• In addition: These staff should have the highest standards of efficiency, competence,
and integrity and are taken from a wide geographical basis. In 2011, the UN
Secretariat consists of 43,747 staff from 186 states.
▪ Note: The previous three organs have been taken from article 2 of the League of Nations
Covenant, which mention that, the League is consist of the Assembly (Plenary), the Council
(Non-plenary), and the Secretariat. These three main organs have often been copied by later
IOs.
▪ Note: IOs may have additional organs, such as the UN ICJ or any other type of organs
depending on the organization needs.
Creating the Organs: The standard way to create the organs is to put them in the constituent treaty of the
organization, and, later organs can be added through amending the constituent treaty. However, Member states
may consider it an erosion of sovereignty (‫ )انتقاص من السيادة‬if the organ tries to create new organs with equal status
to those which was created by the constituent treaty. In addition, it is generally accepted that, the existed organs
can create subsidiary organs.
o Case (Establishment of Yugoslavia Tribunal): one of the accused of the war crimes in Yugoslavia
claimed that the Tribunal was unconstitutional because it was established by a decision of the
Security Council according to the charter.
• Yugoslavia Tribunal: mentioned that “SC can do whatever measures to maintain or
restore international peace and security”.

Decision Making:
• Introduction: Inis Lothair Claude (a leading scholar in IOs), said that “
o Equalitarianism of traditional international law (which relates to the unanimity or consensus voting).
o Majoritanism of democratic philosophy, (which relates to majority voting).
o Elitism of European great power diplomacy, (which relates weighted voting).

19 ‫عبدالعزيز مال هللا‬

 ▪ All of these have been transferred to the sphere of IOs to shape the approach of decision-
making”
• Note: in the past, the primary decision-making mode of international organizations
was unanimity. However, nowadays, there is a shift to majority.
• IOs type of voting: IOs in their decision-making processes use the followings:
1- Unanimity or Consensus (‫)اجماع‬: Unanimity means every member must agree, while Consensus means
no member objects.
▪ Note: unanimity is harder to achieve than consensus. Unanimity primarily used in
international conferences and to a certain extent by the League of Nations.
2- Majority (‫)األغلبية‬: the common types of Majority are:
a. Simple Majority: which requires more than half of the votes of the present members.
b. Absolute majority: which requires more than half of the votes of the total members of the
Organization.
c. Qualified Majority: which requires a specific percentage (such as two-thirds, three-quarters,
three-fifths) either of the votes of the present members, or the total members of the Organization.
▪ Note: some times, voting can be combined between the previous types.
• Voting power: When it comes to voting power, it is a question of whether members have one vote (One
state, one vote Principle) which represent the equality between members, or more votes (Weighted voting)
which represent the inequalities between members.
▪ Note: Unanimity or Consensus require every state to have equal vote.

20 ‫عبدالعزيز مال هللا‬

 Topic Nine
Issues of Responsibility

Introduction (States Responsibility: Only for General knowledge): For states responsibility, we have “Articles
of Responsibility of State for International Wrongful Acts (ARSIWA)”. These Articles are drafted by the
International Law Commission and it’s not binding, however, these articles became International Custom, so it’s
binding. In the followings, we will discuss some important points taken from ARSIWA:
• When A State is Internationally Responsible? When it conducts an international Wrongful act.
• When there is an International Wrongful Act? When a state:
1- Conducts an Action (‫ )سلوك ايجابي‬or Omission (‫)سلوك سلبي‬.
2- This action or omission is linked to the state.
3- This action or omission is a breach of international law.
• When the action or omission is linked to a state? When the action or the omission is conducted by any
state organs (Legislation, Executive, or Judiciary).
▪ Note: any person or entity which is not an organ of the state, but is empowered by the state
law to conduct governmental authority, his action or omission will be linked to his state.
▪ Note: the action or omission conducted by the state organs or empowered person or entities
will by linked to that state even if they exceed their power.
▪ Note: the action or the omission of a person or group who are under instructions. direction.
or control of a state, it will be linked to that state.
• When the action or omission is a breach of international law? When the action of the omission is violating
an international obligation (such as violating a treaty).
• Justifications (Circumstances exclude wrongfulness): The action or omission will not be considered as a
wrongful act when it conducted by the followings: 1- Other state Consent. 2- Self-Defense. 3-
Countermeasures (‫ )فعل مضاد‬4- Force majeure (‫)قوة قاهرة‬. 5- Distress (‫)أثناء كارثة‬. 6- Necessity (‫)حالة ضرورة‬.
• Reparations: The responsible state is under an obligation to make full reparation for the injury caused by
the wrongful act, and these reparations can take the form of:
1- Restitution (undo what happened or done).
2- Compensation (paying money).
3- Satisfaction (Such as the acknowledgement of the breach, offering apologizes).

Introduction (IOs Responsibility): For IOs responsibility, we have similar to ARISWA which is “Articles on the
Responsibility of International Organizations 2011 (ARIO)”. These Articles are drafted by the International Law
Commission as well. However, these articles are not binding and they did not become International Custom yet
(Non IOs has been prosecuted). Anyway, In the followings, we will discuss some important points taken from ARIO:
• When an IO is Internationally Responsible? When it conducts an international Wrongful act.
• When there is an International Wrongful Act? When an IO:
1- Conducts an Action (‫ )سلوك ايجابي‬or Omission (‫)سلوك سلبي‬.
2- This action or omission is linked to the IO.
3- This action or omission is a breach of international law.
• When the action or omission is linked to the IO? When the action or the omission is conducted by any IG
organs or agents in an official capacity and within the overall functions of that organization.
▪ Note: any state organ which is not an organ of the IO, or an organ or agent of another IO, but
they are placed at the disposal (‫ )تحت تصرف‬of another IO, their action or omission will be
linked to the later IO, if the later IO exercises effective control (‫ )سيطرة فعالة‬over that conduct.

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 • Fully Seconded (‫)إعارة كاملة‬: If a state organ, or an organ or agent of IO, which are
placed at the disposal of another IO, and this later IO exercises effective control over
their conducts, this means that, the organ or the agent is fully seconded, and if they
are not fully seconded then their action or omission will be linked to their state or IO.
• UN Peace-Keeping troops: usually these troops are not fully seconded by the UN,
so, usually their actions or omission are linked to their states. This is because these
soldiers are placed at the disposal of UN, but their states still have the disciplinary
power and national court’s jurisdiction as well as they pay their salaries.
▪ Note: the action or omission conducted by an organ or agent of an IO will be linked to that
IO even if they exceed the authority of that organ or agent or contravenes instructions ( ‫خالف‬
‫)التعليمات‬.
▪ Note: the action or omission which are not linked to an IO, can be linked also if it
acknowledges and adopts that action or omission as its own.
▪ Note: If an IO aids or assists a state or another IO in conducting the wrongful act, or directs,
control, or coerce them for that, it will be internationally responsible.
• Member states: if they aid or assist the IO in conducting the wrongful act, or direct,
control, or coerce it for that, they will be internationally responsible (Subsidiary).
Otherwise, they will not be responsible for acts of their IO. In addition, many IOs like
NATO have treaties between member states that set out whether the IO, the member
states or the particular member will bear liability.
• When the action or omission is a breach of international law? When the action of the omission is violating
an international obligation.
▪ Note: Under Vienna Convention 1986, IOs are responsible for material breach of a treaty to
which it is a party. However, most IOs (except EU) are parties to very few treaties.
▪ Note: The ICJ in WHO-Egypt advisory Opinion held that “IOs are bound by any obligations
incumbent upon them under general rules of international law, under their constituent treaty,
or under treaties to which they are parties”.
▪ Note: there is a problem regarding general rules that are often seen as customs which are
made between states (and IOs are not states). Therefore, other jurists believe that, we instead
should use the idea of “international universally shared values” and these values bound
everyone whether states or IOs. However, there is not an international consent on what to be
considered as a universal shared value as well as their meanings, such as torture which
everyone believes that torture is wrong, but everyone may define it differently.
• Justifications (Circumstances exclude wrongfulness): The action or omission will not be considered as a
wrongful act when it conducted by the followings: 1- Other state or IO Consent. 2- Self-Defense. 3-
Countermeasures (‫ )فعل مضاد‬4- Force majeure (‫)قوة قاهرة‬. 5- Distress (‫)أثناء كارثة‬. 6- Necessity (‫)حالة ضرورة‬.
• Reparations: The responsible IO is under an obligation to make full reparation for the injury caused by the
wrongful act, and these reparations can take the form of:
1- Restitution (undo what happened or done).
2- Compensation (paying money).
3- Satisfaction (Such as the acknowledgement of the breach, offering apologizes).

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 Topic Ten + Eleven
Universal IOs: The United Nations

Introduction: The UN represents the most important universal IO (almost absolutely universal) which has 193
members (most states in the world, but some others like Palestine, Kosovo, and Taiwan are not members) and it is
headquartered in New York. In addition, The UN Charter sets out the governing principles, functions and duties of
the main bodies of the UN, and this Charter is generally considered to be binding.

The Purposes of the UN: According to Article 1 of the Charter, the UN has four main purposes:
1- Maintains international peace and security.
2- Develops friendly relations between states.
3- Achieves international cooperation in solving economic, social, cultural and humanitarian problems.
4- beings a center for states to achieve these common goals.

The Principles of the UN: According to Article 2 of the Charter, the UN has the followings principles:
1- Sovereign Equality between all member states.
2- All members fulfill in good faith the obligations of the Charter.
3- All members solve their dispute by peaceful means.
4- All members are prohibited from use of force or threat to inflict it to any state.
5- All members should assist the UN in any action it takes.
6- All non-member states should act in accordance with these principles to maintain international peace and
security.
7- The UN will not intervene in matters within domestic jurisdiction of any state.

The Use of Force: Use of force is not prohibited in all circumstances. As the Security Council can authorize, among
others, to use force. In addition, States may use force in self-defense, if the object of aggression (‫)جريمة الحرب العدوانية‬,
and may take action in response to the illegal acts of other states.
▪ Note: Article 51 of the UN Charter provides that “Nothing in the present Charter shall impair
the inherent right of individual or collective self-defense if an armed attack occurs against a
member of the United Nations, until the Security Council has taken the measures necessary
to maintain international peace and security”.

The Organs of the UN: there are six main organs of the UN which are:
1- General Assembly (GA).
2- Security Council (SC)
3- Secretariat.
4- International Court of Justice (ICJ)
5- Economic and Social Council (ECOSOC).
6- Trusteeship Council.

The Security Council (SC)

Introduction: The SC has the primary responsibility for the maintenance of international peace and security.
• Composition: The SC consists of 15-member states which divide to: A- 5 permanent members which are
(United State, United Kingdom, France, Russia, and China). B- 10 non-permanent members elected by the
General Assembly for 2 years (based on equitable geographical distribution).
▪ Note: Each member of the SC has one representative.
• Functions and Powers: which are:
1- Solving Disputes by peaceful means under chapter 6.

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 2- Taking actions (and imposes Sanctions) when peace is threatened or breached or when aggression
is committed.
▪ Note: sanctions may be economic, for example, those imposed against Iraq in 1990.
• Voting: Each member of the SC has one vote. Decisions on “procedural matters” require an
affirmative vote of any nine members. Decisions on “substantive matters” require an affirmative
vote of nine members, including the permanent 5 members.
▪ Note: Decisions of the SC are legally binding upon members.
▪ Note: A permanent member can use the right of veto to prevent a decision on a substantive
matter from passing. However, refusal to vote or abstention by a permanent member from
voting on a substantive matter is not considered as veto.
▪ Note: there is no guidance in the charter to determine the procedural and substantive matters.

The General Assembly (GA)

Introduction: The GA meets in regular annual sessions and may also meet in special sessions if required. The GA
is a global meeting to exchange and debate ideas.
• Composition: The GA consists of all the member states of the UN (193 members).
• Functions and Powers: which are:
1- Addressing any questions within the scope of the charter, and can make recommendations to the
Security Council, except disputes that the Security Council is considering.
2- Considering matters relates to international peace and security, and may make recommendations
about the matters to the members, concerned states or the Security Council.
3- Approving the budgets and the application for membership.
4- Participating in the selection of judges for the ICJ.
5- Appointing the Secretary-General of the UN.
6- Supervising the Trusteeship Council.
• Voting: Each member of the GA has one vote. Decision on “Important” questions are made by a two third
majority of members present and voting (‫)من األعضاء الحاضرين والمصوتين‬. Decisions on other questions are
made by a majority of members present and voting,
▪ Note: Important questions include, international peace and security, election of non-
permanent members to the Security Council, election of members of the Economic and Social
Council and Trusteeship Council, Admission of new members, Suspension and expulsion of
members, the operation of the trusteeship system, and the budget.

International Court of Justice (ICJ)

Introduction:
• The Permanent Court of International Justice (PCIJ) was established by the League of Nations in 1922. It
was composed of 15 judges and only States could be parties before the Court. The PCIJ was empowered to
settles disputes between states, and to give advisory opinions.
• The PCIJ was dissolved in 1946, followed by a decision at the San Francisco Conference to create the
International Court of Justice (ICJ) which also knows as the “World Court” as the principal judicial organ
of the UN and it composed of 15 judges as well elected (by GA and SC at the same time) for a period of 9
years. The ICJ has its seat in the Hague (Netherlands) and It began its activities in April 1946. The ICJ is
empowered to settles disputes between states, and to give advisory opinions.
▪ Note: contrary to (‫ )على عكس‬the Statute of the PCIJ, the Statute of the ICJ is an integral part
of the Charter of the UN which both adopted in 1945 (but the Charter in June, while the
Statute in October).

24 ‫عبدالعزيز مال هللا‬

The Applicable Law in the ICJ: According to article 38 of the ICJ statute, there are three type of sources:
• Primary sources: which are:
1- International Treaties: A treaty is an international agreement made between states in written form and
governed by international law.
2- International Customs: A custom is a general practice accepted as law.
3- General Principles of Law: These are principles we find in domestic law, such as Pacta sunt
Servanda (‫)العقد شريعة المتعاقدين‬.
• Secondary sources: which are:
1- Judicial Decisions: The ICJ may look primarily to its prior cases.
2- Teachings of Publicists (authors’ opinions): these are opinions of the experts and professors of
International Law.
• Voluntary sources: parties agree that the court may settle dispute without the strict application of law, but
by applying other principles like fairness and equity.

Types of Jurisdictions (Powers) in the ICJ: The ICJ possesses two types of jurisdiction:
1- Contentious Jurisdiction: which is solving disputes between state, and its decisions are binding.
▪ Note: Only states can be parties in the ICJ, however, a state can offer a diplomatic protection
for their citizens (As an exception, includes individuals and companies) when their rights
have been violated by another states, by going to the ICJ representing these citizens, but only
after the person concerned has exhausted the local judicial remedies (all courts degrees) at
the state where his rights were violated.
2- Advisory Jurisdiction: which is giving an Advisory Opinion on legal questions referred to the Court by the
UN organs and UN specialized agencies (include IOs who have special status with the UN). Advisory
opinions given by ICJ are not binding.

Basis of ICJ Jurisdiction when solving disputes: States cannot be forced to accept the jurisdiction of the ICJ, and
the ICJ cannot force any states to come to it even if there is a dispute, instead, the ICJ jurisdiction here is based on
the consent of states, and this consent can take one of the following ways:
1- Special Agreement: Which is after having a dispute, the parties make a special agreement to give the ICJ
the jurisdiction to solve this dispute. In addition, the court is not free to explore other areas outside the
agreement.
2- Jurisdictional Clause: Which is before having a dispute, the parties put a clause in the treaty which they
already made agreeing in advance that, if there is any dispute regarding this treaty, it will be solved by the
ICJ.
3- Optional Clause: Which is before having a dispute, any state has the right to declare that (According to
Article 36,2 of the Statute) the ICJ has the jurisdiction to solve any disputes in the future with any other
states which has declared the same.
4- Forum Prorogatum: Which is after having a dispute, a party goes to the ICJ and invite the other party, if
this later party comes, this means that both parties agreed to give the ICJ the jurisdiction to solve this dispute.

The ICJ Judgement when solving disputes: The judgement states the reason for the decision and the names of
the judges. Judges who do not fully share the reasoning, are entitled to deliver their separate or dissenting opinions
(‫)اآلراء المنفصلة او المعارضة‬. The judgement, is final and without appeal, and is binding upon the parties.
▪ Note: The ICJ is not bound by its precedents (its previous decisions), however, ICJ want to
be seen as consistent, therefore what the court decided before, it will be continued.

25 ‫عبدالعزيز مال هللا‬