international organisations Flashcards
specialised agencies of UN
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.
headquarters agreement
bilateral agreement with host state, establishing a seat and granting it domestic legal personality
supranational organisation
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.
International legal personality of the UN
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.
implied powers doctrine
IOs not only have the powers conferred upon them in the founding treaties, but also those necessary to perform their functions effectively.
domestic legal personality
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.
immunity of IOs
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.
staff rules
- 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
examples of administrative tribunals
ILOAT - International Labour Organisation Administrative Tribunal
UNDT - UN Dispute Tribunal
UNAT - UN Appeals Tribunal
requirement of admission to UN
- peaceloving
- nation
- that accepts the obligations of the Charter
admission to EU
- unanimous decision of Council
- majority approval of EP
- all members must conclude a treaty, which national parliaments must approve
association status
meant to prepare for membership, the state is involved in the organisations work, receives rights and obligations but has no right to vote.
observer status
involves fewer rights than association status, it is sometimes granted to other IOs or national liberation movements.
consultative status
The Economic and Social Council grants it to NGOs
withdrawal and expulsion
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.
permanent mission
continuous representation and participation in the work of the organisation. they might be accredited to several organisations simultaneously in the host state.
types of organs of IOS
representative organ
adminsitrative organ
General Assembly
Plenary organ of the UN, meets only at certain intervals: between September and December in NYC, or in Emergency Special Sessions for certain cases.
Security Council
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
Economic and Social Council
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.
secretariats
administrative bodies that carry out day-to-day tasks, headed by a Secretary-General. Sometimes they have participation rights (Art. 99 of UN Charter)
requirements for adoption of a SC resolution
- 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)
consensus procedure
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.
power of the purse
refusing founding by a member with a large budget share can be an effective means of pressure
legal effect of resolution of GA
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!
legal effect of resolution of SC
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.
ad hoc criminal tribunals
ICTY: International Criminal Tribunal for former Yugoslavia
ICTR: International Criminal Tribunal for Rwanda
