Subjects: Non-State Actors

Question 1

How can international legal personality be gradual?

Answer 1

IOs need the consent of states to exist. Then, once it has come into being, it has separate legal personality.

Question 2

What are the three characteristics of IOs? (Art 2(a) DARIO)

Answer 2

1) Membership
2) International legal personality (autonomous)
3) governed by IL

Question 3

Critique of the Draft Articles?

Answer 3

Whether it is possible to drive at an all-encompassing set of principles:

• Different forms of international organisations
• Law governing each IO is derived from each specific constituent instrument

Question 4

How is the legal personality of an IO?

Answer 4

Functional (WHO Nuclear Weapons Opinion) - Principle of Speciality

Question 5

What was main question in Reparations?

Answer 5

Whether GA had capacity to bring an international claim? Hence, did it have international legal personality?

Question 6

What was decided in Reparations for Injuries?

Answer 6

In looking at the different functions - to determine what ‘characteristics’ were intended by Charter, GA was a ‘supreme organisation’ which could not carry out its functions without int legal personality.

Question 7

What are the three different approaches used in assessing international legal personality?

Answer 7

1) Functional
2) Will Theory
3) Objective

Question 8

What three ways can a treaty be interpreted? (WHO Nuclear Weapons Opinion)

Answer 8

1) The very nature of the organisation created
2) The objectives which have been assigned to it by its founders
3) The imperatives associated with the effective performance of its functions, as well as its own practice.