Unit 7

International Organizations Legal Status

International Organizations
1.- Status in International Law.

 IOs: Forum + Independent Juridical personality.

 IOs: Differentiated Subjects of law.

 They have Limited and Functional International Legal Personality.

 To analyse Constitutive Treaties + Practice of IOs. See Advisory Opinion Reparation for injuries suffered
in the service of the United Nations (1949).

 Evolutive Juridical Personality & Individualized Juridical Personality

International Organizations
2.- Participation.
 Participation in IOs:

o Initiative of a group of States +

o Negotiation in an International Conference +
o Result Multilateral Treaty.
o Voluntary / Free.
o No global right to participate.

 Kind of Participation:
• Full participation
o Full right members.
o Whether Founding Members or not.
o Further incorporation to the IO.
o Non-States as full members of IO: FAO, WTO, NAFO

• Limited participation:
o Associated Member State
o Observer Status

International Organizations
2.- Succession.

 Circumstances for the creation of an IO no longer exist:

o League of Nations
o COMECON (Council for Mutual Economic Assistance)
o Warsaw Pact

 Qs as staff, assets, debts, tasks and Budget of the disappearing entity to be agreed.

 Normally the sucesor IO is based on the framework of the existing one:

o GATT – WTO
o EC – EU

 IOs to reinvent themselves

o NATO

International Organizations
 3.- Manifestations of International Personality.
 IOs possess / are atrributed those Powers necessary to exert their functions and carry the purposes of the
founding Member States. https://www.icj-cij.org/files/case-related/4/004-19490411-ADV-01-00-EN.pdf

 International Personality of IOs varies on a case by case basis, but Minimal Manifestation Scheme :
1.- Right to celebrate International Treaties.
o With Member States, with IOs, with third States.
o Examples. UN with MS on its Headquarter in NY (26 june 1947), UNESCO and France (2 july 1955)
on the HQ in Paris,.
o Vienna Convention (1986) on the law of the Treaties between MS and IOs or between IOs:
https://legal.un.org/ilc/texts/instruments/english/conventions/1_2_1986.pdf Article 6: The
capacity of an international organization to conclude treaties is governed by the rules of that
organization”.
o There is not a general ius contrahendi right to conclude a Treaty for an IO (this always according to
the Constituent Treaty of the IO)

International Organizations
3.- Manifestations of International Personality
2.- Right to establish International Relations.

o Vienna Convention 1975: Representation of States before IOs (was to be completed with a second
convention on Representation of IOs before States …)
https://legal.un.org/ilc/texts/instruments/english/conventions/5_1_1975.pdf
o Active legation rights: to send diplomatic representatives
• Article 221.1 Treaty on the Functioning of the European Union (TFEU): EU before 130 States
and IOs, but EU has International Juridical Personality.
o Passive legation rights: to receive diplomatic representatives
• Trilateral Relations: IO + Host State + MS to send a representative to IO.

3.- -Right to participate in the solution of International Controversies.

o An IO might disagree with a subject of International Law, on facts or on law.
o To sort this out according to article 33 UN Charter.
 Vienna Convention 1986
 Convention on the Law of the Sea (1982)
o Between UN and Regional Organizations (article 52.2 UN Charter) / bw IO and a third state.
o Normally Arbitration or Judicial resolution.

International Organizations
3.- Manifestations of International Personality.

4.- Right to participate in International Responsability relations.

o Article 74.2 Vienna Convention 1986 :“The provisions of the present Convention shall not prejudge
any question that may arise in regard to a treaty from the international responsibility of an
international organization, from the termination of the existence of the organization or from the
termination of participation by a State in the membership of the organization”.
o ICJ Advisory Opinion Reparation for injuries suffered in the Service of the United Nations (1949)
o Katanga Seccession: Indemnity from UN to Congo (1961) and Belgium (1965)
o European Union and the protection of EU nationals

International Organizations
4.- External relations: Relations with States and other IOs. Instruments of
External Relations.
 IOs maintain relations with ofther subjects of tne International community (conclude Treaties,
diplomatic representations, privileges and inmunities, right to use logos and flags….) .

 Ius contrahendi:
o Institutionalized internal procedures:
 Intergovernmental body of the IO (all MS)
 But to be ratify by all or certain number of MS of the IO
 Examples: Council of Europe, ILO, UN
o International conferences / International forum:
 IOs to call international conferences to conclude international treaties.
 Article 13.1 UN Charter: “The General Assembly shall initiate studies and make
recommendations for the purpose of a) promoting international co-operation in the political
field and encouraging the progressive development of international law and its codification,
b) promoting international co-operation in the economic, social, cultural, educational, and
health fields, and assisting in the realization of HRs and fundamental freedoms for all without
distinction as to race, sex, language or religión”

International Organizations
4.- External relations: Relations with States and other IOs. Instruments of
External Relations.
 General Assembly helped by the International Law Commission (ILC) .
 UN as the main developer of International Law codification and development in International Society
after 1945.
 Examples:
 Vienna Convention on Diplomatic Relations (1961)
 Vienna Convention on Consular Relations (1963)
 Vienna Convention on the Law of the Treaties (1969)
 Vienna Convention on the Representation of States in their Relations with IOs (1975)
 Montego Bay Convention on the Law of the Sea (1982)
 Vienna Convention on Succession of States in respect of State Property, Archives and Debts
(1983)
 Vienna Convention on the Law of the Treaties between States and International Organizations
(1986)
 Rome Convention on the International Criminal Court (1988)
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