Unit 6

International Organizations Legal Order

International Organizations
1.- Constitution.
 IOs: Forum + Independent Juridical personality. Subjects of law.

 Result of an International Agreement negotated between States in the framework of an International

Conference (Previous Preparatory Works). Examples

 Conditioned by the ratification of X number of MS. Examples Specialized bodies of UN, European
Union, or ratification of certain X number of MS (UN, FAO, BIRD, IMF).

 Constituent Treaty of an IO (Conventional + Constitutional): articles 5 Vienna Convention 1969 / 1986

on the Law of the Treaties)

 Headquarters Agreements between IO and the Host State + Symbols : Acronym + Flag + Hymn

 IO (article 53 Treaty on European Union) =/ International Conference.

• Article 53: “This Treaty is concluded for an unlimited period”.

 Mechanisms

International Organizations
2.- Attribution of Powers.
 IOs enjoy Internatlonal Legal Personality in the internal legal orders of the MS they are based in.

o The Organization shall enjoy in the territory of each of its Members such legal capacity as may be
necessary for the exercise of its funcions and the fulfillment of its purposes (Article 106 UN
Charter)
o “The Fund shall possess full juridical personality, and in particular, the capacity: To contract, To
acquire and dispose of immovable and movable property, To institute legal proceedings”. (Article
IX: Status, Immunities, and Privileges. Status of the International Monetary Fund):

 ICJ and International Legal personality: Advisory Opinion, Reparation for injuries suffered in the Service
of the United Nations (1949):
“The organization was intended to exercise and enjoy, and it is in fact exercising and enjoying,
functions and rights which can only be explained on the basis of the possession of a large
measure of international personality. It is the supreme type of international organization and it
could not carry out the intention of its founders if it was devoid of international personality, and
it could not carry out the intentions of its founders if it was devoid of International personality”

International Organizations
2.- Attribution of Powers.

“Fifty States, representing the vast majority of the members of the international community ,
had the power, in conformity with international law, to bring into being an entity possessing
objective international personality and not merely personality recognized by them alone
together with capacity to bring international claims”
https://www.icj-cij.org/files/case-related/4/004-19490411-ADV-01-00-EN.pdf

International Organizations
3.- Classifying International Organs. Advisory and Supervisory Organs.

• No common Institutional Structure to IOs.

• Organic Structure = Stability + Permanence
• Organs created by the Constituent Treaty:

o General habilitation:
 Examples article 13 Treaty on the European Union: 1. “The Union shall have an institutional
framework which shall aim to promote its values, advance its objectives, serve its interests,
those of its citizens and those of the Member States, and ensure the consistency, effectiveness
and continuity of its policies and actions”
https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:12012M/TXT&from=EN

 Article 7.2 Charter of the United Nation: “Such subsidiary organs as may be found necessary
may be established in accordance with the present Charter”.
https://www.un.org/en/sections/un-charter/chapter-iii/index.html

o Express habilitation:
 Example article 29 UN Charter: “The Security Council may establish such subsidiary organs as
it deems necessary for the performance of its functions”.
International Organizations
3.- Classifying International Organs. Advisory and Supervisory Organs.

 Article 18.1 WHO The functions of the Health Assembly shall be to establish such other
institutions as it may consider desirable;
 UN Subsidiary Organs
 Examples on the Council of Europe
 Example on the European Council article 15 Treaty on the European Union
 Modifying existing organs: Treaty of Fusion of the Institutions of the European Communities
(1965), Treaty of Lisbon (2007).

• By Composition

• By Representation

• By its Main Function

International Organizations
4.- Decisions, Interpretations, Settlement of disputes, Supervision and
Sanctions .
DECISIONS
• Scope of Acts of an IO:

1.- Acts of a Household nature:

 Functioning of the Organization (Budget, civil servants).
 Binding acts

2.- External regulatory competence

 Both in Organizations of Integration and Organizations of a technical character (WHO, ICAO –
International Civll Aviation Organization)
 Recommendations article 288 TFEU
 Decisions: Of a general character (articulo 288 TFEU) article 5 and 6 OECD

3.- Participation of IO in Multilateral Treaties

 Multilateral Treatlies: Council of Europe ILO Commission on HRs
 International Conferences: article 13.1.a) UN Charter

International Organizations
4.- Decisions, Interpretations, Settlement of disputes, Supervision and Sanctions.

SETTLEMENT OF DISPUTES

 Article 2.3 Charter of the UN:

• “All Members shall settle their international disputes by peaceful means in such a manner that international peace
and security, and justice, are not endangered”.

 Diplomatic means:
Diplomatic negotiations
Good offices and mediation
International Inquiry
International Conciliation
 Jurisdictional means:
Arbitration
Judicial settlement
4.- Decisions, Interpretations, Settlement of disputes, Supervision and Sanctions.

SETTLEMENT OF DISPUTES

NEGOTIATION
 The oldest / the most used method / the means par excellence. Inmediacy / Rapidity / Discretion (Secret).
 Definition: Direct understanding between the parties in a controversy to try to reach an agreement between them. Wide
range of manoeuvre for Member States. Prior step to arbitration or judicial settlement.
But “in Good faith” (Legality of the Treat or Use of Nuclear Weapons, Advisory Opinion, 8 July 1996, ICJ Rep. 1996)
• Direct conversation
• Exchange of diplomatic notes
• Proposals
• -- Common declarations
• -- Agreement between the parties

GOOD OFFICES & MEDIATION

 There is always a third subject of IL intervening (State or IO) or a Group of States.
GOOD OFFICES
 Definition: Friendly intervention from a third party, State or IO, to try to agree both parties. No solution is proposed. Examples
4.- Decisions, Interpretations, Settlement of disputes, Supervision and Sanctions.

SETTLEMENT OF DISPUTES

MEDIATION.
 [Good offices + A solution proposed]. No obligation to accept the proposed solution. Examples
 Also in IO. Mediators as external individuals or civil servants. Examples.
 It might arise from the initiative of a third party. Examples. Montevideo Agreement, 8 January 1979.

INTERNATIONAL INQUIRY.
 Origins: “To facilitate the settlement of these disputes, clarifying through a fair and conscientious examination of the issues of fact". (The Hague Convention, 1907).
 Commissions of Inquiry: UN, OSCE, Council of Europe and Protection of Human Rights.
 Examples.

INTERNATIONAL CONCILIATION.
 Intervention in the arrengement of an internationl difference of an organ (collegiate) with no political authority, but enjoying the confidence of the parties to the dispute,
responsable for examining all aspects of the litigation and proposing a solution that is not compulsory for the parties”.
 it appears in Conventional Instruments: Bogota Pact 1948, European Convention for the Peaceful Settlement of Disputes 1957, CSCE mechanism on dispute settlement
1991, …
 Examples.
4.- .- Decisions, Interpretations, Settlement of disputes, Supervision and
Sanctions.

SUPERVISION AND SANCTIONS

INTERNATIONAL ARBITRATION

 Definition: “The settlement of differences between states by judges of their own choice and on the basis of respect for law”. (The
Hague Convention of 18 October 1907).
 Some features:
• Submission to arbitration depends on the will of the parties.
• The solution will be based in Law, sometimes in Equity
• Judges elected by the parties.
• Aimed at sorting out the differences by a Judgement
 Consent
 Submission to Arbitration:
• Compromise clause
• Arbitration Treaty
 Arbitral Compromise:
• By an International Treaty
• Designation of arbitrators (even from third States)
• Each party to designate 1 or 2 arbitrators (3/5 members).
4.- Decisions, Interpretations, Settlement of disputes, Supervision and Sanctions.

SUPERVISION AND SANCTIONS

INTERNATIONAL ARBITRATION
 Temporary Arbitration bodies:
• Head of State
• Mixed commission
• 3 Arbitral tribunal
 Permanent Court of Arbitration (PCA) https://pca-cpa.org/en/home/

 Arbitration in Economic Disputes: International Center for Settlement on Investment Disputes

https://icsid.worldbank.org/en
 Dispute settlement in WTO https://www.wto.org/english/tratop_e/dispu_e/dispu_e.htm
 Settlements of Disputes under the Convention on the Law of the Sea
4.- Decisions, Interpretations, Settlement of disputes, Supervision and Sanctions.

JUDICIAL SETTLEMENT
 Article 33 Charter of the UN : “The parties to any dispute … by judicial settlement …”.
 Permanent Court of International Justice (PCIJ): 1920 –
 International Court of Justice (ICJ): “The principal judicial body of the UN” (article 92 Charter of the UN).
• The Hague
• 15 judges
• 9 year (re-election)
• Ius standi: Only States
• Jurisdiction: article 36 Statute of ICJ http://legal.un.org/avl/pdf/ha/sicj/icj_statute_e.pdf
 article 36.1 UN Charter
 Consent ad hoc by Special agreement
 Transferred juridiction
 Consent ad hoc by Declaration under the optional clause
 Ex aequo et bono (art. 38.2)
 Advisory opinión (art 65.2)
 General Assembly / Security Council request (art. 95.2 UN Charter)
4.-Decisions, Interpretations, Settlement of disputes, Supervision and Sanctions.

SUPERVISION AND SANCTIONS

JUDICIAL SETTLEMENT
 Human Rights
• European Court on Human Rights https://ijrcenter.org/european-court-of-human-rights/
• The Interamerican Court of Human Rights
• African Court of Human and People’s right

 The Judicial System of the EU: The Court of Justice of the European Union
https://curia.europa.eu/jcms/jcms/j_6/en
• reviews the legality of the acts of the institutions of the European Union,
• ensures that the Member States comply with obligations under the Treaties, and
• interprets European Union law at the request of the national courts and tribunals

 International Criminal Courts ad hoc

• International Criminal Court for Former Yugoslavia (ICCFY)
• International Criminal Tribunal for Ruanda (ICTR)
4.- Decisions, Interpretations, Settlement of disputes, Supervision and Sanctions.

SUPERVISION AND SANCTIONS

 Hybrid Courts and Other internationalised Domestics Courts and Tribunals

• The Special Court for Sierra Leone

• Extraordinary chambers in the Court of Cambodia
• Kosovo Regulation 64 Panels
• East Timor Special Panels for Serious Crimes
• The Bosnia War Crimes Chamber
• The Special Tribunal for Lebanon
• The Iraqui High Tribunal
• The Serbian War Crime Chamber
 THANK YOU !
Look forward to meeting you next week !