PERSONAL LAW

NATIONAL LAW UNIVERSITY, ODISHA

A PROJECT WORK ON PUBLIC INTERNATIONAL LAW

INTERNATIONAL ORGANIZATIONS
AND THEIR IMPLIED POWERS

SUBMITTED TO:
SUBMITTED BY:

DR. MRINALINI BANERJEE

ABHIPSA ANANYA(002)

ADITI
YADAV (004)

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ACKNOWLEDGMENT

A research project is designed to invoke the curiosity of students and direct them to undertake a detailed
and thorough research on novel subject areas. The project provides the students with an opportunity to
study contemporary and hotly contested subject areas beyond the usual curriculum taught within the
classroom.

Therefore, we would like to express our sincerest appreciation to the University for giving us the
opportunity to undertake research work as part of our course on International Law. Further, we would like
to express our deepest gratitude to our course teacher Dr. Mrinalini Banerjee for her constant guidance
and support throughout the making of this project.

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TABLE OF CONTENTS

Contents

INTRODUCTION

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International organizations as we know are formal, structured entities established by governments or other
entities from multiple countries to facilitate cooperation and address various global issues. These
organizations serve as platforms for member states to work together on common objectives and
challenges that transcend national borders one of the well-known international organizations is the UN
responsible for maintaining peace and security worldwide we also have different international
organizations for performing various tasks and operations like the World Bank and IMF which aim at
fostering international monetary cooperation, and provides financial assistance to member countries
facing economic crises. World Bank focuses on reducing poverty and promoting economic development
in member countries through loans, grants, and technical assistance for infrastructure and development
project others are The WTO which sets rules for international trade WHO which coordinates international
efforts to combat global health issues, including pandemics, disease outbreaks, and health system UNEP
and UNHCR which provides protection to environment and refugees respectively.

They typically operate through international treaties, conventions, and agreements that member states
voluntarily adopt. International organizations have the authority to convene meetings, conduct research,
provide technical assistance, and facilitate negotiations among member states to achieve their goals.
Many international organizations have mechanisms to monitor member states' compliance with their
obligations under treaties or agreements. This can involve reporting requirements, peer reviews, and
inspection teams and in cases of non-compliance, international organizations may engage in diplomatic
efforts, provide technical assistance, or escalate the matter to higher levels of author

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RESEARCH METHODOLOGY

SCOPE AND LIMITATIONS

The research of this paper is limited to the study of only few International Organizations.

OBJECTIVES

This paper explores key topics and examine the legal and institutional frameworks that govern the implied
powers of international organizations, with a focus on international treaties, conventions, and customary
international law and assess the impact of implied powers on the sovereignty of member states within
international organizations and the ways in which states navigate their interests in this context .

RESEARCH QUESTIONS

1. What are implied powers in the context of international organizations?

2. How have international organizations historically acquired and exercised implied powers in their
operations and decision-making processes?
3. How do international courts and tribunals interpret and adjudicate disputes related to the implied
powers of international organizations, and what precedents have been established in this regard?

TYPE OF RESEARCH

The type of research is doctrinal in nature. No data has been collected for the purpose of the project.

SOURCES

Reliance has been placed mostly on secondary sources such as articles and scholarly journal papers.
Primary sources of data used include cases, committee reports and statutes.

MODE OF CITATION

The mode of citation is OSCOLA throughout the course of this project work.

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DOCTRINE OF IMPLIED POWER

These powers and authority upon international organizations are conferred upon them by the state they
decide to create an international organization to address specific common objectives or challenges and
while joining they proceed to formally ratify whatever agreement is signed between them. Ratification
signifies a state's commitment to uphold the terms of an agreement upon ratification or accession, states
become members of the international organization and are subject to its rules, obligations, and powers as
outlined in the constitutive instrument at times states also sign treaties and conventions with these bodies
these treaties and agreements cover a wide range of topics, from peace and security to trade, human
rights, environmental protection, and more and once the state has decided to enter into an treaty or an
agreement it needs to make sure that it follows the conditions thus specified in them it puts them under an
obligation to perform their respective part of the agreement. 1

These powers which allows you to fulfill the objectives and functions are known as implied powers these
are powers that are not explicitly stated in a constitution, law, or governing document but are inferred or
implied from those documents based on a reasonable interpretation of their provisions generally for
example the power of judicial review where the courts can review any laws and cure any legal or moral
defect in them is an implied power of courts in many countries and the courts derive this power from
constitution

In international law, the doctrine of implied powers is exercised through a nuanced and context-specific
approach. Unlike domestic legal systems with written constitutions, international law relies on a
collection of treaties, customary practices, and principles. As such, implied powers in international law
emerge primarily from the inherent needs of international organizations and states to fulfil their functions
and obligations.2

Like the United Nations (UN), often derive implied powers from their constitutive documents, which
outline their purposes and functions. While specific powers may not be explicitly enumerated,
organizations can reasonably infer authority to carry out their mandated tasks. For example, the UN's
Charter does not explicitly mention peacekeeping operations, but its objective of maintaining
international peace and security implies the authority to establish such missions 3.

1
Ngaire Woods, 'Good Governance in International Organizations' (1999) 5 Global Governance 39.
2
Ibid.
3
Jose E. Alvarez, “International Organizations: Then and Now” (2006) 100 Am J Int'l L 324

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states exercise implied powers in international law when implementing treaties and agreements. When
states voluntarily enter into international treaties, they implicitly accept certain responsibilities that may
not be explicitly detailed in the treaty text. These responsibilities can include taking necessary actions to
fulfill the treaty's objectives. For instance, a climate change treaty may not specify every emission
reduction method, but states are expected to implement implied measures to meet the treaty's goals.

Customary international law evolves through state practices and opinio juris, they are rooted in the actual
behaviour of states it requires states to engage in consistent practice but also that the practice is general,
meaning that it is observed by a significant number of states However state practice alone is not sufficient
to establish customary international law 4. There must also be a belief among states that they are legally
bound to follow a particular practice. This belief is referred to as opinio jurists, while not codified in
written documents, customary international law recognizes implied powers when states consistently
behave in a certain manner that implies an obligation. For example, the customary principle of diplomatic
immunity, though not explicitly outlined in treaties, is based on the implied need for diplomats to perform
their functions without fear of harassment or arrest.5

In essence, the exercise of implied powers in international law is rooted in the pragmatic necessity of
addressing global challenges and achieving shared goals. It requires a flexible and adaptable approach, as
the specific powers and obligations may vary depending on the circumstances, the nature of international
organizations, and the evolving norms and practices of the international community. Ultimately, the
doctrine of implied powers in international law enables states and organizations to function effectively
within the framework of a decentralized and evolving legal system.

4
Manuel Rama-Montaldo, 'International Legal Personality and Implied Powers of International Organizations'
(1970) 44 Brit YB Int'l L 111
5
Subhash C. Jain, “: Implied Powers of the United Nations by Rahmatullah Khan” (1971) 13(1)
Indian Law Institute 146.

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WAYS IN WHICH INTERNATIONAL ORGANIZATIONS EXERCISE IMPLIED

POWERS

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CASES AND ADVISORY OPINIONS GIVEN IN EXECRISE OF IMPLIED POWERS

The doctrine of implied powers of international organizations has been pointed out and applied in various
cases and contexts. The United Nations frequently deploys peacekeeping missions to conflict zones
around the world.6 The authority for these missions is not explicitly spelled out in the UN Charter but is
derived from the organization's implied powers to maintain international peace and security for example
in 1993 UNAMIR was deployed to Rwanda to prevent the genocide their and implementation of the
Arusha Accords a peace agreement entered between the parties to end violence there, April 1991,
following the Gulf War, to monitor the ceasefire and the demilitarized zone between Iraq and Kuwait an
“United Nations Iraq-Kuwait Observation Mission” was carried on to mandate included ensuring that
both parties complied with the terms of the ceasefire and preventing any hostile activities along the border
, in 2003 an United Nations Mission in Liberia was deployed to Liberia to support the peace process
following years of civil conflict. It played a crucial role in disarming combatants and assisting with post-
conflict recovery. These are just a few examples of the many UNPKOs that have been deployed to
various regions of the world to help maintain peace, resolve conflicts, and promote stability 7.

Another measure to maintain peace and stability is to control the use of arms and ammunitions by the
member states to facilitate this UN took up the mission like the “Nuclear Non-Proliferation Treaty” which
divides states into nuclear-armed states and non-nuclear-armed states. Non-nuclear-armed states commit
not to develop nuclear weapons, while nuclear-armed states commit to disarmament or the
“Comprehensive Nuclear-Test-Ban Treaty” aims to ban all nuclear explosions for both civilian and
military purposes. While it has not entered into force due to certain countries not ratifying it, the UN
continues to work toward its implementation, also the use of chemical and biological weapon has also
been restricted with “Chemical Weapons Convention” and “Biological Weapons Convention. 8”

International organizations, including the United Nations and regional bodies like the European Union,
often impose sanctions on states or entities. These sanctions are justified based on the implied powers of
these organizations to maintain peace and security globally, even if not explicitly provided for in the
organization's founding documents for instance, it has enforced arms embargoes on countries involved in
conflicts to prevent the flow of weapons. Additionally, economic sanctions, such as trade restrictions and
asset freezes, have been used to pressure governments and individuals responsible for actions that
threaten peace or violate international law.

6
Dapo Akande, “The Competence of International Organizations and the Advisory Jurisdiction of the International
Court of Justice” (1998) 9(3) European Journal of International Law.
7
ibid
8
James Brown Scott, “Disarmament Through International Organization” (1926) 126 Sage Publications 150.

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In cases brought before the ICJ the question of implied powers of may arise “The Reparation for Injuries
Case of 1949” 9was a landmark decision by the International Court of Justice (ICJ) that delved into the
question of implied powers of international organizations, particularly the “United Nations Relief and
Rehabilitation Administration (UNRRA)”. After World War II, the UNRRA was established to provide
relief and rehabilitation to war-torn countries, even though its charter did not explicitly grant it the power
to claim reparations. At the heart of the case was the concept of implied powers, which suggests that
international organizations possess certain inherent or implied powers necessary to fulfill their stated
objectives. In this instance, the UNRRA argued that its implied powers included the ability to claim
reparations from Germany for the injuries sustained during the war. Germany contested this claim,
arguing that the UNRRA's powers were strictly limited to providing humanitarian assistance. The ICJ's
judgment in the case was significant as it upheld the existence of implied powers for international
organizations. The Court ruled that implied powers are legitimate and that the UNRRA had the authority
to claim reparations.

“The South West Africa Cases of 1966” 10 were a series of cases before ICJ that dealt with the
administration of the mandate for South West Africa (now Namibia) South West Africa had been under a
League of Nations mandate, initially administered by South Africa, following World War I. When the
League of Nations dissolved, the United Nations took over the mandate's supervision. However, the UN's
Charter did not explicitly define the extent of the organization's powers in administering the territory the
question was whether the UN had implied powers to exercise various functions regarding the territory,
even though its mandate did not expressly grant certain powers.11

The ICJ ultimately ruled in favor of the UN's implied powers, affirming that the organization had the
authority to administer South West Africa effectively It clarified that, when international organizations
are tasked with overseeing the administration of territories or fulfilling other significant mandates, they
may possess inherent or implied powers necessary to carry out their responsibilities.

In a case whether the United Nations had implied powers to levy assessments on member states to cover
the expenses of the organization's programs and activities. The ICJ ruled in favour of the UN's implied
powers, emphasizing that it needed financial resources to carry out its functions effectively known as the
“Certain Expenses (Article 17, Paragraph 2, of the Charter) Case in the year 1962” 12

9
Mrinal Verma, “A Brief Analysis of the ICJ's Advisory Opinion in the Reparation for Injuries Case” (2016)
<https://ssrn.com/abstract=2863742 or http://dx.doi.org/10.2139/ssrn.2863742> accessed on 12th September 2023.
10
Ernest A. Gross, “The South West Africa Case: What Happened?” (1966) 45(1) Foreign Affairs 48.
11
<https://www.icj-cij.org/case/47> accessed on 12th September 2023.
12
<https://www.icj-cij.org/public/files/case-related/49/049-19620720-ADV-01-00-EN.pdf> accessed on 13 th
September 2023.

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Apart from giving judgements the ICJ also primarily issues advisory opinions in response to questions
posed by UN organs and other agencies, these opinions often touch upon various aspects of international
law, including their implied powers.

In 2004 ICJ gave an advisory opinion addressing the issue of implied powers within the context of the
UN, particularly the General Assembly's powers. The General Assembly had asked the ICJ whether
Israel's construction of a separation wall in the occupied Palestinian territory was in accordance with
international law the court recognised that the General Assembly's implied powers to request advisory
opinions as an essential aspect of its role in the UN system. It stated that the General Assembly's authority
to ask for an advisory opinion from the court it should be construed broadly to allow the organization to
address emerging legal questions effectively.13

In 2010 the ICJ was asked to provide guidance on the legality of Kosovo's unilateral declaration of
independence while the opinion primarily focused on the issue of self-determination, it indirectly touched
upon the implied powers of international organizations, particularly the United Nations. The ICJ
acknowledged that there was no general prohibition in international law against unilateral declarations of
independence. 14It also highlighted the important role of UNSC in addressing issues related to statehood
and peace and security concerns by doing so, the ICJ implicitly recognized the implied powers of the
Security Council in shaping the legal and political landscape of international relations

These cases and advisory opinions highlight the ICJ's recognition of implied powers as essential for
international organizations to carry out their mandates effectively, even if those powers are not explicitly
stated in their founding documents. The Court's decisions have helped clarify the scope and limits of
implied powers in the context of international organizations and their functions.

CONCLUSION

13
Edvard Hambro, “The Authority of the Advisory Opinions of the International Court of Justice” (1954) 3(1) The
International and Comparative Law Quarterly 22.
14
Edvard Hambro, 'The Authority of the Advisory Opinions of the International Court of Justice' (1954) 3 Int'l &
Comp LQ 2.

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