Public International Law Week 2 Quiz

Module Information

• Course title: Y2 - Public International Law (BOK)
• Lecturer: Dr. Asier Garrido-Munoz
• Institution: University of Applied Sciences, The Hague
• Version: 3.0

Module Structure

• Public International Law Module
• Five parts:
  • Subjects
  • Sources
  • Enforcement (I)
  • Enforcement (II): Administrative law
  • Enforcement (III): Collective Security and Human Rights
• Reference Books
• Assessments: 3 test moments, 50 questions in total
• Old course materials available
• Lectures and workshops scheduled

Week 2 Topic: Creation of a New International Legal Person

• The topic of the second week is the creation of a new international legal person.

Table of Contents

• 1. Foundations and Process: The Constitutive Agreement
• 2. Legal personality:
  • External
  • Internal

1. Foundations and Process: The Constitutive Agreement

• International Organisations (IOs) are based on a multilateral act, which precedes them, an international agreement.
• Secondary subjects of international law
• Agreements typically occur within the context of an international conference.
• The nature of the constitutive agreement is contractual. The agreement's content depends on the will of the parties.
• The agreement is also constitutional in nature. It is a foundational document for the organisation. This document creates a new organ and regulates its powers and decision-making procedures.

Interpretation

• Rules enshrined in articles 31-33 of the Vienna Convention on the Law of Treaties (VCLT) are in place
  • Textual interpretation
  • Contextual interpretation
  • Teleological interpretation
• Implicit powers

Birth of an Organisation

• The organisation comes into existence once the "constitutional agreement" is enacted according to its provisions.
• Ratification numbers and proportional numbers of states.
• Certain member states must be parties to the agreement
• Regional rules may differ in terms of their strictness regarding the entry into effect of international organisations

Putting the Organisation in Motion

• Headquarters establishment
• Ability to participate in domestic legal relations
• Employee recruitments
• Tax implications
• Symbolism
• Ability to engage in external legal relations

Where are those questions regulated?

• Constituent treaty
• Headquarters agreement (between the IO and host state)
• Other relevant agreements
• Documents issued by the host state's Ministry for Foreign Affairs (MFA)

Continuous Nature of the IO

• Continuous existence (non-limited time)
• Accession of new states
• Withdrawal of states
• Amendment processes

2. Legal Personality (I): External

• Capacity to enter into legal relations with other international legal subjects. The IO has the right to exercise its rights and fulfil its duties
• IOs are equal to states in terms of their rights.
• IOs facilitate collective action by states.
• IOs and states are separate subjects.

Core Elements

• Lus contrahendi: Right to conclude international treaties.
• Lus legationis: Right to establish international diplomatic relations.
• Right to participate in dispute settlement proceedings
• Right to participate in relations of international responsibility
• Privileges and immunities

Vienna Convention on the Law of Treaties (IOs)

• IOs that have the power to conclude treaties.
• Effects of treaties on the member states of those treaties entered into by the IO with a third party.

Lus Legationis

• Right for the organization to establish delegations abroad.
• Right for states/entities to be represented with the organisation

Participation in Dispute Settlement

• UNCLOS – Article 7.2, Annex IX
• WTO dispute settlement
• Not the International Court of Justice (ICJ)

Participation in Relations of International Responsibility

• Articles on the Responsibility of IOs (adopted by the International Law Commission (ILC) in 2011)
• Privileges and immunities (e.g., Article 105 UN Charter, Article 139 OAS Charter)

2. Legal Personality (II): Internal

• Conclusion of agreements with third parties
• Participation in dispute settlement mechanisms
• Employment-related functions, particularly for staff members
• External consultants

Test your knowledge on the creation of a new international legal person as discussed in the Public International Law module. This quiz covers the foundations, processes, and legal personality concepts essential for understanding international organisations.