international organisations

Question 1

specialised agencies of UN

Answer 1

dedicated to international cooperation in the economic, social, cultural and humanitarian fields. IOs become specialised agencies if they conclude an agreement with Economic and Social Council of UN, which coordinates cooperation between them.

Question 2

headquarters agreement

Answer 2

bilateral agreement with host state, establishing a seat and granting it domestic legal personality

Question 3

supranational organisation

Answer 3

It’s with particularly far reaching powers, eg. direct applicability, precedence over national law, binding decisions, court with compulsory jurisdiction. They have a genuine parliament and financed independently.

Question 4

International legal personality

Answer 4

Initially, the Charter did not include granting the UN international legal personality, so it was disputed. They have a limited legal personality because it is not original but derived from member, and can only act in the powers conferred upon it, otherwise it is ultra vires. In the Bernadotte Case, the implied powers doctrine was introduced and reinforced in Certain Expenses.

Question 5

implied powers doctrine

Answer 5

IOs not only have the powers conferred upon them in the founding treaties, but also those necessary to perform their functions effectively.

Question 6

domestic legal personality

Answer 6

They generally have one, needs to conclude private-law contracts, acquire and dispose of property and bring claims in domestic courts. They are granted by founding treaty or headquarters agreement.

Question 7

immunity of IOs

Answer 7

Although immunity is functional, they enjoy absolute immunity before domestic courts, because their legal personality is also functional. They cannot be sued before domestic courts, so this seeking legal redress must turn to alternative dispute resolution procedures (arbitration or administrative court/tribunals).
Their building, archives and assets are inviolable (but not extraterritorial) and they enjoy far-reaching tax exemptions.

Question 8

staff rules

Answer 8

• not state representatives, obliged to organisation which pays them
• qualification and geographical distribution sometimes in tension
• staff rules (internal employment law): domestic courts have no jurisdiction, but separate administrative tribunals
• functional immunity

Question 9

examples of administrative tribunals

Answer 9

ILOAT - International Labour Organisation Administrative Tribunal
UNDT - UN Dispute Tribunal
UNAT - UN Appeals Tribunal

Question 10

requirement of admission to UN

Answer 10

• peaceloving
• nation
• that accepts the obligations of the Charter

Question 11

admission to EU

Answer 11

• unanimous decision of Council
• majority approval of EP
• all members must conclude a treaty, which national parliaments must approve

Question 12

association status

Answer 12

meant to prepare for membership, the state is involved in the organisations work, receives rights and obligations but has no right to vote.

Question 13

observer status

Answer 13

involves fewer rights than association status, it is sometimes granted to other IOs or national liberation movements.

Question 14

consultative status

Answer 14

The Economic and Social Council grants it to NGOs

Question 15

withdrawal and expulsion

Answer 15

It is always possible, even if the constitutive treaties does not provide for it (eg. UN Charter), as it follows the laws of treaties and sovereignty.
UN can expel members who persistently violate Charter, but has not used it yet, because it would be harder to influence it after.

Question 16

permanent mission

Answer 16

continuous representation and participation in the work of the organisation. they might be accredited to several organisations simultaneously in the host state.

Question 17

types of organs of IOS

Answer 17

representative organ
adminsitrative organ

Question 18

General Assembly

Answer 18

Plenary organ of the UN, meets only at certain intervals: between September and December in NYC, or in Emergency Special Sessions for certain cases.

Question 19

Security Council

Answer 19

representative organ with limited number of members (15) which can decide and act quickly, apart from P5 other members are elected by GA for two-year terms

Question 20

Economic and Social Council

Answer 20

responsible for cooperation between states in economic and social matters, and is responsible for about 70% of financial and Human Resources of UN. 54 members are elected for three years.

Question 21

secretariats

Answer 21

administrative bodies that carry out day-to-day tasks, headed by a Secretary-General. Sometimes they have participation rights (Art. 99 of UN Charter)

Question 22

requirements for adoption of a SC resolution

Answer 22

• affirmative vote of 9 out of 15 members
• no P5 votes against it
• if a P5 abstention does not count as a veto (Namibia Advisory Opinion)

Question 23

consensus procedure

Answer 23

There is no vote, the consultations continue until the result is approved or tolerated by all participants. It is useful to prevent outvoting an important group of states with a majority vote, but the result is often a compromise on the lowest common denominator and might be drafted in very vague terms.

Question 24

power of the purse

Answer 24

refusing founding by a member with a large budget share can be an effective means of pressure

Question 25

legal effect of resolution of GA

Answer 25

In principle they are non-binding, but!
1. they still have some legal effects because states must consider them in good faith.
2. they help form customary law, as they express opinio iuris, but for the number of states voting in favour is important (Chagos Advisory Opinion)
3. starting point for formation of treaties (from UDFR 1948 to Covenants 1966)
4. support argumentation before international courts

exception: budget adoption and admission of a state are binding decisions of GA!

Question 26

legal effect of resolution of SC

Answer 26

It has the power to make binding decision which are addressed to all member states and all states must implement the, even if they interfere with other treaty obligations, and they can effect private law transactions (eg. trade embargo).
It can establish ad hoc criminal tribunals based on the implied powers doctrine.

Question 27

ad hoc criminal tribunals

Answer 27

ICTY: International Criminal Tribunal for former Yugoslavia
ICTR: International Criminal Tribunal for Rwanda