International Organizations
By Palitha T.B. Kohona
Vientiane, 7 –9 October 2003
What is an International Organization?

Originally, only States were members of international
community
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International and Inter-Governmental Organizations
(IGOs) slowly emerge as subjects of international law
– The first international organization is considered to be the
International Telecommunication Union – 1865

Currently, huge number (500+)
– covering wide range of matters
– global and regional scale
– issues in coordination and efficiency

Problems in defining IGOs, their rights and obligations
Different Definitions of IGO

An intergovernmental organization. (Art. 2 (1) (i) VCLTSIO)

An organization set up by agreement between two or more States.
(Akehurst)

A non-State entity with international legal personality separate from
that of the States which established it. (Aust)

A body:
– Based on a formal instrument of agreement between the
governments of nation states;
– including three or more nation states as parties to the agreement;
– possessing a permanent secretariat performing ongoing tasks.
(Yearbook of International Organizations)
Other Types of International
Organizations

Non-Governmental Organizations (NGOs)
– Set up by individuals or groups
– Governed by the law of the country where the NGO is
incorporated
– Ex.: Amnesty International, Greenpeace
– States are usually not parties of NGOs

Mixed Organizations
– NGOs entrusted with functions typical of States
– Ex.: ICRC, IUCN

UN Programmes
– UNDP, UNEP, UNFPA
Creation of IGOs

Transfer of certain powers from States to IGO

By treaty
– EEC, now the EU
– WTO
» Originally the GATT
» Provisionally brought into force by Protocol
» Lasted 47 years

By resolution of the UN General Assembly
– CTBTO

By declaration
– ASEAN, APEC
Legal Personality of IGOs

IGOs have legal personality
– Usually conferred by treaty or other constitutive
instrument
– Relative concept
– Specific rights, duties and powers
» Privileges and immunities
» International responsibility an liability

Legislative, executive and administrative functions

Sources of legal personality:
– Constituent treaty
– Case law
Legal Personality Conferred by
Constituting Treaty

Art. 16 (a), Agreement Establishing the Terms of
Reference of the International Jute Study Group, 2001:
– “The Group shall have international legal personality.
In the territory of each member, and subject to its
national legislation, the Group shall, in particular, but
subject to paragraph 7(b) above, have the capacity to
enter into contracts, to acquire and to dispose of
movable and immovable property, and to institute legal
proceedings”
Reparation Case

“Reparation for Injuries Suffered in the Service of the
United Nations”case, ICJ, 1949
– Confirmed by the “Certain Expenses”case, ICJ, 1962

IGOs have international legal personality necessary to
carry out their functions

Powers are not limited to what conferred by constituent
treaty, but extend to what necessary to perform functions
effectively

In the Reparation case, UN had implied claim for loss
suffered by staff; in the Certain Expenses case, UN had
implied powers to set up forces
Treaty Making Powers of IGOs

Usually conferred under constituent treaty
– “The capacity of an international organization to
conclude treaties is governed by the rules of that
organization.” (Art. 6, VCLTSIO)

Some IGOs do not have treaty making powers
– Benelux

Also, implied powers under Reparation case
Legislative Powers of IGOs

Highest authority created by treaty
– Council/Assembly
– In some cases overrides national legislation
» EU

Legislative powers necessary to carry out mandate
– Constituent treaty defines decision-making process

Rules adopted are binding on member States
Executive/Administrative Powers

Secretariat
– Administers and operates the mandate as
defined by the constituent treaty and by the
decisions of the IGOs’ legislative body

Chief administrative officer
– Responsible to discharge obligations of
Secretariat
– Secretary-General, Executive Director, etc.
Vienna Convention, 1986





Vienna Convention on the Law of Treaties Between States
and International Organizations or Between International
Organizations
Deposited with S-G
Not in force
Applies to:(a) treaties between one or more States and one
or more international organizations, and (b) treaties
between international organizations.
Adapts VCLT to IGOs
– Ex.: ratification  act of formal confirmation
Dispute Resolution Mechanisms

Specific clause in constituting treaty
– Negotiation, then arbitration or ICJ

Sometimes, dedicated mechanisms
– EU, most elaborate machinery

Art. 66 VCLTSIO: complex procedure
– ICJ for certain matters
– Otherwise, arbitral tribunal/conciliation commission
Status of IGOs in Domestic Law

Juridical personality in domestic law is to be
specifically conferred
– Host country agreements
– Art. 16 (a), Agreement Establishing the Terms of
Reference of the International Jute Study Group, 2001:
» “The status of the Group in the territory of the host
country shall be governed by the Headquarters
Agreement between the host Government and the
Council”
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
Copyright 2003 by the United Nations. All rights reserved.
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