International Organizations and Legal Frameworks

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Questions and Answers

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.

True

What is the Ius contrahendi?

The right to conclude international treaties.

International organizations have the right to establish _______ abroad.

delegations Signup and view all the answers

Match the core elements with their definitions:

Ius contrahendi = Right to conclude international treaties Ius legationis = Right to establish international relations Right to participate in dispute settlement proceedings = Access to international legal forums Privileges and immunities = Exemptions from certain laws and regulations Signup and view all the answers

Which element allows international organizations to participate in international responsibility?

Participation in relations of international responsibility Signup and view all the answers

International organizations cannot enter into legal relations with other subjects of international law.

False Signup and view all the answers

What does the Ius legationis imply for a state/entity in relation to an international organization?

The right for states/entities to be represented with the organization. Signup and view all the answers

The Vienna Convention on the Law of ________ was established to regulate treaties involving international organizations.

Treaties Signup and view all the answers

Which article of UNCLOS pertains to dispute settlement?

Article 7 Signup and view all the answers

What is the primary purpose of a Constitutive Agreement in international law?

To establish a multilateral international organization Signup and view all the answers

Legal personality in international law is exclusive to states.

False Signup and view all the answers

What are the two dimensions of a Constitutive Agreement?

Contractual dimension and constitutional dimension Signup and view all the answers

International organizations are secondary subjects of international law and are based on a __________ act.

multilateral Signup and view all the answers

Match the following aspects of international organizations with their descriptions:

Headquarters = Located in the host state of the organization Symbols = Represent the identity of the organization Recruit employees = Necessary for the organization's operation Domestic legal relations = Engagement in the laws of the host country Signup and view all the answers

Which of the following is NOT a characteristic of a Constitutive Agreement?

It is unilateral in nature Signup and view all the answers

The number of ratifications required for an international organization tends to be stricter for regional organizations than universal ones.

True Signup and view all the answers

What regulates the interpretative rules of a Constitutive Agreement?

Articles 31-33 of the VCLT Signup and view all the answers

An organization's ability to engage in __________ legal relations includes forming treaties with other states.

external Signup and view all the answers

Which article in the UN Charter specifies that certain member states must be parties to the agreement?

Article 110.3 Signup and view all the answers

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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Description

Explore the complex legal structures governing international organizations through foundational agreements and their interpretative principles. This quiz covers the mechanisms for creating new legal entities in international law, including the Vienna Convention's role in treaty interpretation.