International Organisations

INTERNATIONAL ORGANISATIONS TYPES
1. Inter-Governmental Organisations (IGO)
  1. organisations created by states and composed of states
  2. they have taken on some of the roles which a state normally does
    1. possibly do more than a state?
  3. share some basic features with states
2. Non-Governmental Organisations (NGO)
  1. created and composed of private individuals
Draft Articles on the Responsibility of International Organisation (DARIO): Article 2; (1) established by a treaty or legal instrument (2) members are primarily states, but can include other entities (3) possess their own international legal personality
1. (1) established by treaty, referred to as the constitutional document; lays out what the organisation will be, what role and powers it has and how it will be composed
2. adopted by the Commission in 2011
3. Pulp Mills on Uruguay River (2010)
  1. administrative commission of the Uruguay River (CARU) established treaty between Argentina and Uruguay
  2. issue was to deal with pollution on the river which formed the border between the countries
  3. deemed an international organisation, therefore had legal personality
Need for common standards
1. eg. 1865 - International Tele-Communications Union; 1919 League of Nations; 1919 International Labour Organisation
2. challenge is how states can adopt common rules on issues of shared concern
  1. the international organisations performed the function
  2. they were unable to do this themselves
Categorise International Organisations through their SCOPE and MEMBERSHIP
1. UNIVERSAL/GLOBAL
  1. aspires to include every State
  2. tries to resolve global issues
  3. eg. UN
    1. Admission
      1. criteria Article 4(1) UN Charter: peace-loving states which accept the obligations contained in the present Charter, and, in the the judgment of the organisation, are able and willing to carry out these obligations
        Admissions Opinion (1948): the criteria in article 4 are exhaustive
      2. no legal grounds of exclusion; and unable to add criteria
      3. Article 4(2): The admission of any state to membership in the United Nations will be effected by a decision of the General Assembly upon the recommendation go the Security Council
        can be made easy or hard
        General Assembly votes to admit, but a recommendation is needed from the Security Council
        Permanent five have veto on membership; Soviet will veto capitalist country wanting to join, US will veto a Communist state wanting to join
        Cold War Rivalries resolved package deal (1955) both allowed communist/capitalist states in
        Current issues: Palestine - US veto any admittance, General Assembly have given them permanent observer status Kosovo - Russia will veto any application
        two state like entities unable to join UN, because one of the P5 does not like them
        but can General Assembly just vote? the recommendation is not binding?
        Seconds Admissions opinion (1950)
        ICJ said recommendation was necessary for admission
    2. Suspension and Expulsion
      1. Article 5: Suspension by the GA upon the recommendation of the Security Council
      2. Article 6: Expulsion by the GA upon the recommendation of the Security Council
      3. States have broken the UN charter
        no country has been suspended/expelled
        reluctance to do this
        League of Nations failed because the big powers were not part of the organisation or left
        UN learnt from this and built it into their structure
      4. eg, South Africa and Apartheid; GA wanted to expel them, but number of Security Council believed it was better for them to stay in so recommendation never came
        GA could not expel them; condition of diplomacy, where they had a seat but could not have a state rep there, so had no voice
      5. what about just leaving?
        bound by treaty, you cannot walk away from the obligation
        only way to leave is with a get out clause, otherwise it is a breach of treaty
        there is no legal way to leave the UN, this is deliberate
        eg. in 1965 relations between Malaysia and Indonesia were bad, Malaysia got a seat on the security council - Indonesia then left
        one year later they resumed their seat
        what would the UN do if someone properly left? nothing in the Charter
2. REGIONAL
  1. does not aspire to include the world, just a section
  2. only represents a state in the region
  3. eg. Article 29, African Union Constitutive Act (1999) "any African StateArticle 49, treaty on European Union "Any European State"; Article 1, Arab League 1945 "independent Arab States"
3. FUNCTIONAL
  1. set up to perform a specific task in a specific place
  2. limited powers to that particular area
  3. eg. Article 3, World Meteorological Organisation Convention (1947); "Any State...having a Meteorological Service"
  4. members join because they have something to contribute to the specific function
non-state actors
1. eg. International Labour Organisation
  1. comprised of had government members and half labour representatives
Structure of an International Organisation
1. vary considerably
2. large groups, compared to smaller organs
3. Plenary Organ eg. General Assembly - Brings the members together to voice cooperation
4. Executive Organ eg. Security Council - Organs that represent everyone, but smaller and more specialised, dealing with specific issues
5. Secretariat eg. UN Secretariat - their own bureaucracy
6. Judicial Organ eg. ICJ - dispute resolution
7. power relations of internal organs can shift
  1. UN has weak plenary organ, but strong executive
    1. other organisations may vary, UN is not typrical
8. specialised committees
9. regional offices
PERSONALITY
1. sum of its parts?
2. an organisation distinct and independent from its member states
  1. with its own rights and duties
3. personality of the members who make up the organisation? or does the organisation have a separate personality?
4. do we see them as a club house for states? where they come to talk about an issue, then go and do their own thing
5. actor in international affairs/law? performing in their co-ordinated decisions and implemented in a legal way
6. type of personality varies depending on the organisation
7. personality derives from Constitutional Document
  1. where their rights and duties can be found
8. specific rights and duties create the personality
  1. general personality does not give specific rights and duties
9. eg. Article 42 UN Charter: Security Council may authorise forcible action to uphold international peace and security
  1. eg. Article 31, Statute of World Tourism Organisation (1970): the organisation shall have legal personality
  2. eg. Article 16, Constitution, Food & Agriculture Organisation (1945): the organisation shall have the capacity of a legal person to perform any legal act appropriate to its purpose which is not beyond the powers granted to it by this constitution
  3. eg. Article 104, UN Charter (1945): the organisation shall enjoy in the territory of each of its members such legal capacity as may be necessary for the exercise of its functions and fulfilment of its purposes
10. range of personality, range of activities covered; some have more personality than others
  1. eg. Commonwealth, closer to clubhouse; agree to do certain things, but no one is forced to a common position
  2. eg. G20, influential forum, not much of an organisation a stripped form and not much personality
Legal rights and Duties of International Organisations may have...
1. treaty making; Vienna Convention (1986)
  1. can make treaties with states and other organisations
  2. international organisations can create law in some of the same ways as states
2. privileges and immunities in national courts
  1. can't bring organisations in foreign courts
3. take part in national legal proceedings
  1. they can take part in national courts
4. Field an international force
  1. eg. UN engages in peace keeping forces, founded on a mandate
    1. they have the authority to dispatch a force and are responsible for their actions
5. Exercise jurisdiction over a territory
  1. the organisation can function as a government and perform government functions
  2. UN has had missions to perform governmental functions in order to govern the territory
    1. eg. Kosovo, is an unneeded mission
    2. eg. taking on government responsibility, running the organs, administering government and responsible for all government functions
6. Exercising diplomatic protection for its agents
  1. if one of their members are injured they are able to bring a claim
    1. in relation to organisations and their employees
LIMITS
1. Principle of Speciality
  1. personality of organisation is limited, sovereignty allows states to participate in rights and obligations, wheread organisations are bound by treaty, showing a natural limit
  2. Nuclear Weapons (WHO) Opinion (1996): international organisations do not possess a general competence, unlike states
2. Implied Powers
  1. constitution contains powers and limits, which set the outer limits
  2. potential empty zone, between powers and purposes; organisation could do more than strictly allowed - creating implied powers
    1. original powers can be expanded, but cannot exceed purposes
    2. eg. UN has power to keep peace, but can purpose to send out peace keeping forces
      1. Reparation for Injuries Suffered in the Service of the United Nations (1949)
        UN mediator, killed by jewish revolutionary group, became Israel's responsibility
        action was attributable to Israel, and UN could bring claim
        UN did not have this power; normal was for states to bring the claim, not organisations
        ICJ gave more power to the UN, they work for them so it is convenient
  3. there are limits of Implied Powers
    1. Certain Expenses Advisory Opinion (1962): peace keeping mission to the congo, argued they are the purpose
    2. but they need to be paid for and then need to charge for expenses of such missions
      1. states said no, they did not want to pay and are exceeding powers
Law Making
1. significant allows distinct responsibilities
2. Article 3 and Article 6(1) ILC Article on the Responsibility of International Organisations 2011
3. Supranationality
  1. basic structure of international law - horizontal structure of each sovereign state (no hierarchy of power)
  2. could organisations impose obligations and create a hierarchy?
  3. eg. Security Council - Article 42 UN Charter: Exclusive authority to authorise use of force Article 25: UN Members agree to accept and carry out Council's decisions
    1. no states have this power, so organisation has more power
  4. Article 103: in the event of the conflict between the obligations of the UN under the present Charter and their obligations under any international agreement, their obligations under the present Charter shall prevail
    1. this elevates their supranationality
  5. Security Council can pass resolutions which bind members
4. Consensual law-making
  1. eg. General Assembly; Resolutions are non-binding, may express states' legal intent (opinion juris)
  2. Treaties; states can chose to ratify and bind themselves
  3. International Law Commission - non-binding codes and treaties
Other Subjects
1. INDIVIDUALS
  1. human rights
  2. international crimes
  3. more specific
2. NGO's
  1. involved in international decision-making
  2. eg. International committee of the Red Cross
    1. has real duties and obligations under the Geneva Conventions
3. Corporations
  1. conclude contracts with states
    1. eg. Texaco v Libya (1977)
  2. UN Human Rights Council: Guiding Principles on Business and Human Rights 2011
4. National Liberation Movement
  1. eg. PLO (Palestine Liberation Organisaton)
  2. Oslo Agreements with Israel (1993 & 1995)
5. Belligerents
  1. Belligerents in civil wars (non-international armed conflict)
  2. Responsibilities under Geneva Conventions and Additional Protocol II
6. Sui Generis (unique) Entities
  1. eg. Sovereign Military Order of Malta
  2. Catholic Order for Medical Aid (1050)
  3. completely unique, legacy of the crusades
    1. has no territory

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