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Public International Law Notes - International Organisations
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Public international law notes on international organisations
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PIL: L7 – International OrganizationsInternational organisations and states:
States
- Have general competence
- Exercise sovereign powers
International organizations
- Have conferred powers/competences
- Are established by states
- Are designed to fulfil a specific purpose
Types of international organisations:
1. Universal Organizations
- League of nations, United Nations and UN system
- United Nations Educational, Scientific and Cultural Organization (UNESC0)
- World Health Organization
- International Bank for Reconstruction and Development (IBRD)
- International Monetary Fund (IMF)
- World Trade Organization (WTO) a forum for trade negotiations
2. Regional Organizations
- European Union (formerly European Economic Community)
- Council of Europe (CoE)
- North Atlantic Treaty Organization (NATO) security organization – an armed
attack on one state is an armed attack on all members
- Organization of American States (OAS)
- African Union (AU)
- Arab League
- Association of South East Asian Nations (ASEAN)
Development of international organisations:
International conferences – meeting of states – were historically a way of countries
cooperating e.g. Congress of Vienna (1815)
Evolved into international institutions in late 19th Century, early 20th Century
Inter-governmental associations e.g. Rhine and Danube Commissions, established
by international treaty (1856)
International Telegraphic Union and Universal Postal Union (1865)
League of Nations (1920)
1944 Bretton Woods: establishment of World Bank and International Monetary
Fund (IMF) BUT no International Trade Organization (later WTO)
Post-1945 United Nations and associated bodies
2000’s creation of informal international bodies e.g. G20 and Financial Stability
Board
What is an international organisation?
ILC, Articles on Responsibility of International Organization
Art. 2(a): International organization “organization established by a treaty or other
instrument governed by international law and possessing its own international
, legal personality. International organizations may include as members, in addition
to States, other entities.’
Established by treaty or other instrument not just a meeting or group of like- not just a meeting or group of like-
minded states
Legal personality – rights and duties on the plane of international law (not
domestic law)
International organizations may consist of international organizations e.g.
European Union is a member of the World Trade Organization (WTO)
International legal personality:
International legal personality (not only in domestic law)
Capable of enforcing rights and duties in international law
The constituent treaty establishing the organization may state whether it has
personality e.g Article 47, TEU: “The Union shall have legal personality.” But this is
not common
Reparation for Injuries Suffered in the Service of the United Nations (ICJ)
- Personality is indispensable to achieve the purposes of the UN
- Personality means that the UN can have international rights and duties and can
enforce them on the plane of international law (not just in domestic courts)
- States created an organization with objective legal personality
- Ability to conclude treaties, enforce rights and obligations
Differs from domestic legal personality e.g. ability to purchase property in a state,
institute legal proceedings in courts
Remember: existence of legal personality is different from the question of the
exact rights and obligations the organization possesses
Powers of international organisations:
Explicit powers – those set out in the constituent treaty itself
Implied powers – not mentioned, but necessary for the IO to fulfil its functions
States: have general competence as subjects of international law
IOs: governed by principle of specialty – can only exercise powers given to them by
states
ICJ, Reparations for Injuries “[u]nder international law the organization must be
deemed to have those powers which, though not expressly provided in the charter,
are conferred upon it by necessary implication as being essential to the
performance of its duties.”
Power of the UNGA to establish an administrative tribunal – an implied power of
that body
Implied external relations power in EU Treaties
International organizations can conclude treaties in their own right – Article 6
VCLT-IO: this depends on the rules of the organization itself
International organizations can be internationally responsible for internationally
wrongful acts – e.g. breach of agreements (such as headquarters agreement) or
customary international law
Similar system to rules on State responsibility – In 2011, the ILC adopted the Draft
Articles on the Responsibility of International Organizations, largely following the
approach of the articles on state responsibility – difficult legal questions arise
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