Podcast
Questions and Answers
Which of the following is NOT a core element of the legal personality of international organizations?
Which of the following is NOT a core element of the legal personality of international organizations?
- Ius legationis
- Right to self-defense (correct)
- Right to participate in dispute settlement proceedings
- Ius contrahendi
International organizations have the same legal personality as states.
International organizations have the same legal personality as states.
True (A)
What is the Ius contrahendi?
What is the Ius contrahendi?
The right to conclude international treaties.
International organizations have the right to establish _______ abroad.
International organizations have the right to establish _______ abroad.
Match the core elements with their definitions:
Match the core elements with their definitions:
Which element allows international organizations to participate in international responsibility?
Which element allows international organizations to participate in international responsibility?
International organizations cannot enter into legal relations with other subjects of international law.
International organizations cannot enter into legal relations with other subjects of international law.
What does the Ius legationis imply for a state/entity in relation to an international organization?
What does the Ius legationis imply for a state/entity in relation to an international organization?
The Vienna Convention on the Law of ________ was established to regulate treaties involving international organizations.
The Vienna Convention on the Law of ________ was established to regulate treaties involving international organizations.
Which article of UNCLOS pertains to dispute settlement?
Which article of UNCLOS pertains to dispute settlement?
What is the primary purpose of a Constitutive Agreement in international law?
What is the primary purpose of a Constitutive Agreement in international law?
Legal personality in international law is exclusive to states.
Legal personality in international law is exclusive to states.
What are the two dimensions of a Constitutive Agreement?
What are the two dimensions of a Constitutive Agreement?
International organizations are secondary subjects of international law and are based on a __________ act.
International organizations are secondary subjects of international law and are based on a __________ act.
Match the following aspects of international organizations with their descriptions:
Match the following aspects of international organizations with their descriptions:
Which of the following is NOT a characteristic of a Constitutive Agreement?
Which of the following is NOT a characteristic of a Constitutive Agreement?
The number of ratifications required for an international organization tends to be stricter for regional organizations than universal ones.
The number of ratifications required for an international organization tends to be stricter for regional organizations than universal ones.
What regulates the interpretative rules of a Constitutive Agreement?
What regulates the interpretative rules of a Constitutive Agreement?
An organization's ability to engage in __________ legal relations includes forming treaties with other states.
An organization's ability to engage in __________ legal relations includes forming treaties with other states.
Which article in the UN Charter specifies that certain member states must be parties to the agreement?
Which article in the UN Charter specifies that certain member states must be parties to the agreement?
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Study Notes
Creation of New International Legal Person
- Based on a multilateral act- international agreement
- IO’s are secondary subjects of international law
- Agreements are normally in the context of an international conference
The Constitutive Agreement
- Contractual dimension- Agreement’s content depends on the will of the parties
- Constitutional dimension- Foundational document that creates a new organ and regulates its powers and decision-making procedures
- IOs are bound by their constituent treaties
Interpretation
- Arts. 31-33 of the Vienna Convention on the Law of Treaties (VCLT) apply
- Textual interpretation
- Contextual interpretation
- Teleological interpretation
- Implied powers
Birth of an Organization
- Entry into force of the “constitutional agreement”
- Universal organizations: Number of ratifications required
- Regional organizations: Tend to be more strict on entry into force
- Proportional number of states can be required
- Specific member states must be parties
Putting the Organization in Motion
- Headquarters
- Ability to engage in domestic legal relations
- Recruitment of employees
- Taxes
- Symbols
- Ability to engage in external legal relations
Where are these questions regulated?
- Constituent treaty
- Headquarters agreement between the IO and the host state
- Documents issued by the host state’s Ministry of Foreign Affairs
Continuous Nature of the IO
- Not limited to a specific time period
- Accession by new states
- Withdrawal of states is possible
- Amendments
Legal Personality (I): External
- Capacity to enter into legal relationships with other subjects of international law
- Enjoy rights and fulfill its obligations
- IOs are equal to states
- IOs are means to facilitate collective action by states
- IOs and states are separate subjects
Core Elements
- Ius contrahendi – right to conclude international treaties
- Ius legationis – right to establish international relations
- Right to participate in dispute settlement proceedings
- Right to participate in relations of international responsibility
- Privileges and immunities
Ius Contrahendi
- Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations (1986): Follows VCLT, except for the following:
- IOs having the power to conclude treaties
- Effects of treaties concluded by an IO with third states
Ius Legationis
- Right for an organization to open delegations abroad
- Right for states/entities to be represented with the organization
Participation in Dispute Settlement
- UNCLOS - Art. 7.2, Annex IX
- WTO dispute settlement
- Not the International Court of Justice (ICJ)
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