THE STRUCTURE AND FONCTIONNING OF INTERNATIONAL ORGANISATIONS

Question 1

The structure of IO : a static vision

Answer 1

There is a structure that can be found in almost every IO based on a kind of separation of powers :

• interstate and parliamentary organ where all member states can be represented and participate to the production of norms under the principle of sovereign equality.
• integrated and executive organs : organs ensuring the organisation functioning i charge of the execution of the general conference.
• judicial organs : they perform either according to the constitutive treaty that gives competence for such matters, or in a more hidden way to deal with civil servant’s claims.

Question 2

The general principles of functioning

Answer 2

IO have developed standards of good governance based on three main criteria :

• involvement of all stakeholders (parties prenantes)
• transparency in the making and the result of the decision.
  Accountability : it’s different from Responsability but it opens doors for a compensation voluntary fund.

The voting rules : the principe of sovereign equality tends to favour a majority vote process. BUT in order to avoid tension and dismissal, IO can chose to adopt decisions by consensus to guarantee unanimity.

Question 3

The international civil service

Answer 3

= any person who is charged by the IO to perform their functions and does effectively do so. They enjoy a protection from any influence from the member state of their nationality (to protect the effectivités of the IO), they are put to the service of the IO itself. AS IO are legal persons, they need to be represented.

Responsability ? Actions of civil servants can be attributed to the IO depending on their nature :

• officials : they are permanents agents and have an international status. -> IMMUNITIES for their functions within the IO + obligations of neutrality and independence (they cannot receive any orEr from the member states).
• local contractors : they work for the IO and are agent as well but they don’t benefit immunities. They are still bonded by the rules of neutrality and independence.

Question 4

Immunities

Answer 4

They protect the officials civlil servants. ICJ, advisory opinion 1998 : the Court said that normally, the civil servants should be subjected to the domestic courts of their country BUT in this case, came on official UN treat so they enjoy protection for all the acts performed within the UN during their functions. = FUNCTIONAL immunities, they do not cover private acts. But in practice, national courts are reluctant to engage procedures that may affect the performance of the function = tendency to go from functional to absolute immunities.

Issue : do to immunities, there is a risk of impunity (conflict between the right for everyone to a fair trial and the principle of immunities).

Solution : ECHR, WAITE AND KENNEDY V. GERMANY, 1999 : the Court recognises that immunities are necessary for the IO to perform their mission BUT they apply only under the principle of EQUIVALENT PROTECTION = there must be alternatives to way to protect effectively the rights of the applicant within the IO.
-> for instance, the UN provides disputes tribunals and appeals tribunals to assess requests from the OFFICIAL UN agents against its secretariat (intern mechanisms) = non sufficient for the Court of appeal.