Institutional Structure

Question 1

What three organs does an international organisation normally have?

Answer 1

1) A plenary policy-making organ
2) A secretariat
3) A non-plenary, executive organ

Question 2

What the two main criterion of each organ?

Answer 2

1) Powers/ function

2) Composition/ members

Question 3

What does a non-plenary organ normally do?

Answer 3

1) Carrying out daily business

2) Overseeing the secretariat

Question 4

How are treaty organs different?

Answer 4

1) They are created by a treaty or other instrument governed by international law
2) Lack legal personality and secretariat (incomplete IOs).

Question 5

What is an example of a treaty organ?

Answer 5

• International Narcotics Board (created by the Single Convention on Narcotic Drugs of 1961)
• Conference of the Parties created by UN Framework Convention on Climate Change
• Committee on Elimination of Racial Discrimination, established by the International Convention on Elimination of All Forms of Racial Discrimination

Question 6

How do treaty organs normally function?

Answer 6

As organs of an organisation.

They are served by the secretariat and subject to general budgetary and administrative authority of the hosting organisation.

Question 7

How do treaty organs differ?

Answer 7

Until treaty is amended, resolutions of the ‘hosting organisation’ that conflict with them have no legal effect in respect of the treaty organ concerned.

Also TOs cannot benefit from the general rules concerning the legal status, privileges and immunities of the organisation.

Question 8

What is the usual composition of the PLENARY organ?

Answer 8

Supreme organ in which all member states are represented.

Question 9

What are the main powers of the plenary organ?

Answer 9

General, overall powers:

1) Main policy decisions
2) Admission of new members
3) Election of Council members
4) Adoption of budget

Question 10

What are the main functions of the non-plenary policy making organ?

Answer 10

1) Carrying out daily business

2) Overseeing the secretariat

Question 11

How is the EU’s plenary organ structure different?

Answer 11

It has two plenary organs; The Council and the European Council.

Question 12

How should non-plenary organs be composed?

Answer 12

They must be representative, in parallel with the growing number of member states.

Question 13

As a NPO, how is the UN Security Council composed?

Answer 13

Government representatives of fifteen member states.

Charged with the supervision of member states, would be desirable for it to discharge this function with a view to international rather than national interests.

Question 14

Why have there never been serious proposals for the SC to be composed of independent individuals?

Answer 14

Implementation of the SC’s decisions.

1) Resolutions made with the unanimous support of the five principal states have a reasonable change of being put into effect.
2) Authority of decisions of an organ of independent experts would probably be insufficient, notwithstanding its high reputation and whatever mining character a constitution could confer upon them.

Question 15

How is ILO composed?

Answer 15

Art 7: Composed of 56 persons;

28 representing governments

14 representing employers

14 representing the workers

Question 16

How is the Secretariat usually composed?

Answer 16

Staff are usually independent civil servants.

Question 17

What does Art 100(1) set out?

Answer 17

SG and its staff should not seek or receive instructions from any government or from any other authority external to the organisation.

–> Independence of secretariat

Question 18

What does Art 100(2) set out?

Answer 18

Each member of the UN undertakes to respect the exclusively international character of the responsibilities of the SG and the staff.

Question 19

Why is the independence of the secretariat important?

Answer 19

Fundamental for the functioning of the organisation.

Constitutions do not contain provisions to remove the Secretary General from office.

Question 20

If members are disappointed, how do they normally depart with existing SGs?

Answer 20

If dissatisfied, they will usually wait until his term is completed and then decide not to reappoint him.

Ex: in 1996, a recommendation to reappoint Boutras Ghali as SG of UN was vetoed by US in SC.

Question 21

When was traditional practice regarding disposal of SGs departed with?

Answer 21

The 2002 decision of the general congress of the Organisation for the OPCW to terminate appointment of DG Bustani.

Legal adviser said he could not be removed, as Conference lacked the power to do so and because of the independent position of the Secretariat.

Nevertheless, terminated Bustani’s appointment with immediate effect.

Question 22

How must the staff of an international organisation exercise their functions?

Answer 22

With loyalty, discretion and conscience, and with the interest of the organisation only in view.

Question 23

What was an example of loyalty obligations at stake?

Answer 23

Bernhard Connolly, head of Unit 3, European Monetary System, within the DG for Economic and Financial Affairs.

During unpaid leave, published book ‘The dirty war for Europe’s money.’

Central thesis was that the Exchange Rate Mechanism and the Economic and Monetary Union are not only inefficient but also undemocratic.

Dismissed = disregard os his duties of good faith and loyalty to the institution.