Public International Law Week 2 Quiz

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Questions and Answers

What document outlines the right of an international organization (IO) to enter into treaties?

Memorandum of Understanding

Headquarters agreement

Vienna Convention on the Law of Treaties (correct)

Constituent treaty

Which core element gives an IO the ability to establish relations with other entities?

Ius contrahendi

Right to participate in dispute settlement proceedings

Ius legationis (correct)

Privileges and immunities

Which of the following is NOT a core element of legal personality for an international organization?

Right to establish a governing body (correct)

Right to participate in relations of international responsibility

Ius legationis

Ius contrahendi

What aspect differentiates international organizations from states?

Their separation as subjects of international law Signup and view all the answers

Which principle allows international organizations (IOs) to engage in dispute settlement proceedings?

Right to participate in dispute settlement proceedings Signup and view all the answers

Which agreement does not relate to the legal framework of international organizations?

Host state's bilateral defense treaty Signup and view all the answers

What does the term 'ius contrahendi' refer to in the context of international organizations?

Right to conclude treaties Signup and view all the answers

Which of the following accurately describes a characteristic of international organizations?

They can access international responsibility Signup and view all the answers

What is the foundational document that creates a new international legal organization and regulates its powers?

The Constitutive Agreement Signup and view all the answers

Which interpretation method focuses on the literal meaning of the text?

Textual interpretation Signup and view all the answers

What is a characteristic feature of universal organizations according to the content?

They are less strict in ratification than regional organizations. Signup and view all the answers

What aspect is NOT typically included in the putting the organization in motion?

Formation of alliances with other organizations Signup and view all the answers

Which of the following describes international organizations in terms of legal personality?

They are secondary subjects of international law. Signup and view all the answers

Which statement best describes the contractual dimension of the Constitutive Agreement?

Its content depends on the will of the parties. Signup and view all the answers

What is a requirement for certain member states in universal organizations based on the UN Charter?

A proportional number of states must be parties. Signup and view all the answers

Which power type is categorized under the implicit powers of an organization?

Extended powers based on the treaty's context Signup and view all the answers

Study Notes

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.

1. Foundations and Process: The Constitutive Agreement
1. 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

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Description

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.