Global Organization - Week 1 Lecture PDF

Version 3.0 Dr. Asier Garrido-Munoz Lecturer Y2 - PUBLIC INTERNATIONAL LAW (BOK)  Welcome to the Module! More Public International Law-oriented Five parts: (1) Subjects; (2) Sources; (3) Enforcement (I); (4) Enforcement (II): Adm...

Version 3.0 Dr. Asier Garrido-Munoz Lecturer Y2 - PUBLIC INTERNATIONAL LAW (BOK)  Welcome to the Module! More Public International Law-oriented Five parts: (1) Subjects; (2) Sources; (3) Enforcement (I); (4) Enforcement (II): Administrative law; (5) Enforcement (III): Collective Security and Human Rights Reference books Assessments: 3 test moments, 50 questions in total Old course students? Lectures/Workshops 2 Questions? 3  Week 2 CREATION OF A NEW INTERNATIONAL LEGAL PERSON  Table of Contents 1. Foundations and Process: The Constitutive Agreement 2. Legal personality − External − International 5 1. Foundations and Process: The Constitutive Agreement ▪ IOs based on a multilateral act which precedes them – international agreement ▪ Secondary subjects of international law ▪ Agreements normally in the context of an international conference 6  The Constitutive Agreement Contractual dimension – Agreement whose content depends on the will of the parties 7  The Constitutive Agreement Contractual dimension – Agreement whose content depends on the will of the parties Constitutional dimension – foundational document of the organization that creates a new organ and regulates its powers and decision-making procedures 8 Interpretation Rules enshrined in Arts. 31-33 VCLT ▪ Textual interpretation ▪ Contextual interpretation ▪ Teleological interpretation * Implicit powers 9  Birth of an Organization Entry into force of the ‘constitutional agreement’ in accordance with its provisions Universal Regional Number of ratifications (UNESCO, art. Tend to be more strict (Art. 54 TEU) XV) Proportional number of states Certain member states must be parties (Art. 110.3 UN Charter) 10  Putting the Organization in Motion ▪ Headquarters ▪ Ability to engage in domestic legal relations ▪ Recruit employees ▪ Taxes? ▪ Symbols ▪ Ability to engage in external legal relations 11 Where are those questions regulated? ▪ Constituent treaty ▪ Headquarters agreement between the IO and the host state (and other arrangements) ▪ Other documents issued by the host’s MFA 12 Continuous nature of the IO Non-limited time Accession by new states Withdrawal of states? Amendments 13  2. Legal Personality (I): External Capacity to enter into legal relations with other subjects of IL, to enjoy rights and fulfil its obligations ▪ IOs are equal to states ▪ IOs are means to facilitate collective action by states ▪ IOs and states are separate subjects 14  Core Elements Ius contrahendi – right to conclude international treaties 15  Core Elements Ius contrahendi – right to conclude international treaties Ius legationis – right to establish international relations 16  Core Elements Ius contrahendi – right to conclude international treaties Ius legationis – right to establish international relations Right to participate in dispute settlement proceedings 17  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 18  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 19  Ius Contrahendi Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations (1986): follows VCLT except for ▪ IOs having the power to conclude treaties (Art. 6) ▪ Effects of treaties on the MS of treaties concluded by the IO with 3rd states (para. 13 of the preamble) 20  Ius Legationis ▪ Right for the 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 ICJ!  Participation in Relations of Privileges and International Immunities Responsibility Articles on the ▪ Art. 105 UN Charter Responsibility of IOs ▪ Art. 139 OAS Charter (adopted by the ILC ▪ Art. 17 Cons. Charter Arab in 2011) Cooperation Council 23 2. Legal Personality (II): Internal ▪ Conclusion of agreements with third persons ▪ Participation in dispute settlement mechanisms concerning legal relations Employment relations? ▪ Staff members (UNDT/UNAT, ILOAT) ▪ External consultants 24  QUESTIONS? 25