19.

Introductory Topics on International Organizations

Introductory Topics on International Organizations

I. Genesis of International Organizations [1]

The formation of international organizations has been a notable feature of the international relations since
1945. Perhaps the most feature of international scene today, in comparison with a century ago, is the
proliferation of international organizations of all types. This growth has responded in part to the need for
maintaining international peace and security, and in a greater part to the pressing demands of nations for
cooperation in the economic, social and technical fields.
The League of ations was the first uni!ersal comprehensi!e organizations formed by the international
community of nations. "t was created in 1919, after the #irst $orld $ar. This creation mar%ed a turning
point in the e!olution of world affairs. &ntil the creation of the League of ations, world affairs were to a
large e'tent influenced by the periodic international conferences that were held in (urope. The system of
conferences dealing with problems that concerned two or more states had dominated the (uropean affairs
during the nineteenth century. )lthough the Peace *onference of $estphalia of 1+4,, which ended the
Thirty-.ear $ar /religious war0 in (urope, was the first conference held in (urope, the *ongress of 1ienna
of 1,15 initiated the era of international conferences and multilateral treaties. The *ongress of 1ienna,
which terminated the apoleonic $ars, was a significant turning point because it mar%ed the first systematic
attempt to regulate international affairs by means of regular international conferences. The system of
*ongress of 1ienna lasted for a century and institutionalized not only the balance of power approach to
international relations and politics, but also a semi-formal international order.
The concept of international conference was introduced as a form of e'tended diplomacy because the
diplomatic contacts were unable alone to cope completely with the comple'ities of international affairs.
"nternational conferences and diplomatic contacts were used by (uropean nations during the nineteenth
century as forms of cooperation to introduce or promote their political and economic relations, and to face
world issues. "n many cases, conferences resulted in international treaties or formal peace. (uropean
nations held se!eral conferences in the nineteenth century, the ma2or conferences were3 the Paris
*onference of 1,5+, the 4erlin 5athering of 1,61 and the 4erlin conference of 1,6, which dealt with the
7uestions of the 4al%ans8 and the 4erlin *onferences of 1,,4 and of 1,,5 which dealt with the (uropean
interests in )frica.
9uring the course of time, conferences pro!ed that they were inade7uate to fulfill the ob2ecti!es they
were intended to achie!e. ) conference could only be con!ened at the initiati!e of one or more states
in!ol!ed, usually following international crises. :nly in!ited states could attend. )n in!ited state in!ol!ed
might refuse to attend. 9ecisions could not be ta%en e'cept by unanimous agreements. These factors
se!erely restricted the use and effecti!eness of conferences as methods of state cooperation. ;owe!er,
conferences constituted an important prelude to the establishment of international institutions.
"n the nineteenth century, se!eral inter-go!ernmental institutions were also established co!ering
transportation, communications, health and economic cooperation. ('amples of such institutions were the
commission of the <hine /1,=10, the *ommission of the 9anube /1,5+0, the "nternational Telegraphic &nion
/1,+50 and the &ni!ersal Postal &nion /1,640. >uch international institutions were not comprehensi!e ones,
but functional ones 2oining together go!ernmental departments or administrations for specific purposes.
They were created by multilateral treaties. The powers entrusted to them !aried, but most of them
performed important administrati!e and legislati!e functions. They combined permanent bureaus or
secretariats and periodic conferences. Their decisions could be ta%en by ma2ority !ote. These features
constituted a step forward in state cooperation since they enable the institutions to o!ercome the wea%nesses
of conferences, particularly the principle of unanimity.
The nineteenth century also witnessed the creation of se!eral international non-go!ernmental institutions
dealing with specific matters. ('amples of such institutions were the "nternational *ommittee of the <ed
*ross /founded in 1,+=0 and the "nternational Law )ssociation /founded in 1,6=0. >uch pri!ate institutions
created the machinery for regular meetings and many established permanent secretariats. The wor%s of these
institutions were, and remain, of considerable !alue in influencing go!ernmental acti!ities and stimulating
world action in specific matters of international concern.
The establishment of international institutions in the nineteenth century was significant since they pa!ed
the way for international organizations of the twentieth century. The inno!ation of the twentieth century was
the creation of uni!ersal comprehensi!e organizations, such as the League of ations and the &nited
ations.
?ust as the #irst $orld $ar had led to the establishment of the League of ations, the >econd $orld $ar
led to the establishment of the &nited ations. "n these two cases, >tates de!eloped ways for maintaining
international peace and security and for cooperations between nations. These two organizations laid the
foundation for the system of international organizations.
Today, the &nited ations forms the %ey-stone of the system of international organizations. )ffiliated
with the &nited ations are the specialized agencies. 4eside these organizations, there are many regional
organizations of !arious types and forms, in (urope, in )merica, in )sia, in )frica, and in the Pacific.

II. Definition and Classification of International Organizations
"nternational organizations are either intergo!ernmental organizations, %nown as public international
organizations, or nongo!ernmental organizations /5:s0, %nown as pri!ate international organizations.@AB
"ntergo!ernmental organization is different from nongo!ernmental organization8 while the first is set up by
agreement between states, the second is set up by indi!iduals.
;owe!er, the term Cinternational organizationD is usually used to describe an organization established by
agreement between two or more >tates. "n this sense, international organization may be defined as an
association of states, established by a treaty between two or more states, it has international character and
scope, its functions transcend national boundaries, and it is a sub2ect of "nternational Law.
Today, there are some 5EE international organizations of !arious types. The organizations can be
classified under the following criteria3

/)0 *lassification according to their membership3 :rganizations may be3
1. :rganization with open membership3 These organizations are uni!ersal /global0 in their
membership. Their membership is open to all states. The &nited ations /&0 is the most
important global organization8 other e'amples are the specialized agencies affiliated with the &nited
ations, and the $orld Trade :rganization.
A. :rganizations with restricted membership3 :rganizations of this type may be3 /a0 <egional
organizations of which membership is restricted to states who belong to a particular continent or
geographical region8 e'amples are the (uropean &nion (&0, the :rganization of )merican >tates/:)>0, the
League of )rab >tates, and the )ssociation of >outh (ast )sian ations /)>()0. /b0 :rganizations with
membership based on religious, cultural, or historical lin%8 e'amples are the :rganization of "slamic
*onference, La #rancophonie, the *ommonwealth of ations, and the *ommonwealth of "ndependent
>tates.

/40 *lassification according to their geographical location3 :rganizations
may be3

1. 5lobal /uni!ersal0 organizations3 :rganizations of the type mentioned
abo!e @/)0 1B.
A. <egional organizations3 :rganizations of the type mentioned abo!e
@/)0 A /a0B.

/*0 *lassification according to their functions and tas%s3 :rganizations
may be classified into3
1. :rganizations of /a0 general purposes or, /b0 particular /specific0 purposes. ('amples of
general purposes organizations are the &nited ations, the (uropean &nion, the )rab League, and
the :rganization of )merican >tates. ('amples of particular purposes organizations are the
specialized agencies of the &nited ations, the $orld Trade :rganization /$T:0, the orth
)tlantic Treaty :rganization /)T:0, and the :rganization of Petroleum ('porting *ountries
/:P(*0.
A. :rganizations of /a0 political purposes, such as the &, the (&, the )rab League8 /b0 economic /trade
and financial0 purposes, such as the $T:, the $orld 4an% 5roup, The "nternational Fonetary #und /"F#0,
and the :P(*8 /c0 social purposes, such as the &nited ations (ducational, >cientific and *ultural
:rganization /&(>*:0, the "nternational Labour :rganization /"L:0, and the #ood and )griculture
:rganization /#):08 /d0 technical purposes, such as the "nternational *i!il )!iation :rganization /"*):0,
the &ni!ersal Postal :rganization /&P&0, and the "nternational Telecommunication &nion /"T&0, /e0
?udicial purposes, such as the "nternational *riminal *ourt8 and /f0 military purposes /defense alliances0,
such as the )T:, and the dissol!ed $arsaw Pact.

/90 *lassification according to the nature of their structural organization3
:rganizations may be3
1. Traditional organizations3 This type of organizations is in essence based on inter-
go!ernmental cooperation of states which retain control of the decision-ma%ing process and
finance of the organization8 all the e'isting organizations, e'cept the (&, are of this type.
A. >upranational organization3 "n this type of organizations, the transfer of so!ereignty from the
member states to the organization is e'tensi!e as to the scope and nature of delegated powers. The
supranational organization is characterized mainly by the following elements3 its organs are composed of
persons who are not go!ernment representati!es, its decisions can be ta%en by ma2ority !ote, its decisions
ha!e binding force on the member states, as well as, ha!e direct effect on persons within them.@=B The only
e'ample of such a type of organizations is the (uropean &nion which sufficiently meets all the re7uirements
of a supranational organization.



III. International Organizations as Subects of International !a" @4B

$hen we say that an entity is a legal person, or that it is a sub2ect of the law, we mean that it has a
capacity to enter into legal relations and to ha!e legal rights and duties. "n this sense, a sub2ect of
"nternational Law is an entity who possesses international legal personality, i.e., capable of possessing rights
and obligations and ha!ing the capacity to ta%e certain types of action on the international le!el.
Traditionally, states ha!e been the only sub2ects or persons of "nternational Law. $hile states ha!e
remained the predominant persons of "nternational Law, the position has changed since the mid-twentieth
century. $ith the establishment of international organizations, it has become necessary that a sort of
international legal personality be granted to these entities. Thus, international organizations ha!e ac7uired
some degree of international legal personality, and ha!e become sub2ects or persons of "nternational Law /as
well as indi!iduals, groups and companies0.
The problem of including international organizations in the international legal system is reflected in the
!ery concept of legal personality, the central issues of which ha!e been primarily related to the capacity to
conclude international agreements, to bring claims arising from the !iolations of "nternational Law, and to
en2oy pri!ileges and immunities from national 2urisdictions.
The leading 2udicial authority on the legal personality of international organizations is the ad!isory
opinion of the "nternational *ourt of ?ustice /"*?0 in the Reparation for Injuries Case of 1949. @5B The case
arose out of the murder of the &nited ations mediator in Palestine *ount 4ernadotte by Gionist terrorists in
194,. The &nited ations considered that "srael had been negligent in failing to pre!ent or punish the
murderers, and wished to ma%e a claim for compensation under "nternational Law against "srael. ;owe!er,
it was uncertain whether the &nited ations had the legal capacity to ma%e such a claim. The &nited
ations re7uested the opinion of the *ourt on this problem. "n its opinion, the "*? held that the &nited
ations was an international person, although not a state, and therefore not ha!ing the same rights and duties
of a state. The &nited ations had an international personality8 its functions and powers were so important
that the :rganization could not carry out them unless it had some degree of international personality. The
&nited ations could perform legal acts such as entering into agreements with member states and with other
international organizations, concluding contracts and bringing claims before the *ourt. >uch capacity to
perform legal acts is a prere7uisite of international legal personality.
"nternational organizations are generally considered to be sub2ects of "nternational Law, as are states,
e!en though their international legal personality is limited to possessing specific rights and duties. Their
status is determined be con!entions among states and, therefore, the recognition of the international
personality of an international organization is limited to signatory states of the con!ention creating such an
organization.
5enerally, the treaty creating an international organization indicates its nature, status, purposes and
powers. The international legal personality of an international organization is, therefore, limited to the
rights, duties, purposes and powers laid down in the treaty creating it. The international legal personality of
the &nited ations, for e'ample, is deri!ed from the &nited ations *harter, the ;ead7uarters )greement
between the &nited ations and the &nited >tates of )merica of 1946, and the 194+ *on!ention on the
Principles and "mmunities of the &nited ations.@+B
The attribution of an international legal personality in!ol!es the capacity to perform legal acts, to ha!e
rights and duties and to enter into relations on the international le!el. "n reality, international organizations
ha!e e'ercised their legal capacity in a great !ariety of ways. They ha!e concluded treaties, created military
forces, con!ened international conferences, and brought claims against >tates.
The legal personality ac7uired by international organizations necessarily imports conse7uences as to
international responsibility, both to and by the organization. $hen an infringement occurs, the organization
can call upon the responsible state to remedy its default, and to obtain from the state reparation for the
damage caused by the default. Thus, the organization has the capacity to claim ade7uate reparation for the
damage suffered by its or by its agents. $hereas the right of a state to assert a claim on behalf of a !ictim is
based on the lin% of nationality, in the case of an international organization, the necessary lin% relates to the
re7uirements of the organization and therefore the fact that the !ictim was acting on behalf of the
organization in e'ercising one of its functions. The organization possesses a right of functional protection in
respect of its agents.@6B
?ust as a state can be held responsible for in2ury to an organization, so can the organization be held
responsible for in2ury to a state, when the in2ury arises out of a breach by the organization of an international
obligation deri!ing from a treaty pro!ision or principle of "nternational Law. The 7uestion of responsibility
has particularly arisen in the conte't of &nited ations peace%eeping operations and liability for the
acti!ities for the members of such forces. "n such cases, the &nited ations has accepted responsibility and
offered compensation for wrongful acts.


I#. Constituting Instru$ents of International Organizations @,B

"nternational organizations are created by states by formal decisions laid down in constituting
instruments. These constituting instruments create international organizations as well as define their nature,
status, purposes, functions and powers. "n this sense, such instruments ha!e a dual nature, con!entional and
constitutional nature. They are multilateral treaties establishing principles, rights and obligations binding on
states parties. They are also treaties of a particular type since their ob2ect is to create new sub2ects of
international law endowed with certain autonomy, to which the parties entrust the tas%s of realizing common
goals.@9B
>uch constituting instruments fall within the framewor% of the international law of treaties. They are to
be interpreted and applied according to "nternational Law.


#. %pplicable !a" of International Organizations @1EB

>ince the constituting instruments of international organizations fall within the framewor% of
"nternational Law, accordingly, as a general rule, the applicable or CproperD law of international
organizations is the "nternational Law. "n addition, an organization may enter into treaty relationship with a
particular state, for e'ample, a head7uarters agreement. "n such a case, such relationship will also be
go!erned by "nternational Law.
;owe!er, the applicable law in particular circumstances may be national law. $hen an organization
enters into pri!ate transactions such as contracting for e7uipments and ser!ices, or purchasing or leasing
land, these transactions will normally be sub2ect to the appropriate national law. Tortious liability as
between the organization and a pri!ate person will generally be sub2ect to national law.
The internal law of the organization go!erns its internal affairs and matters such as employment relations,
the establishment and functioning of subsidiary organs, and the management of administrati!e ser!ices. The
"nternal law of an organization, which includes its constituting instrument, regulations, norms and
contractual arrangements, may in fact be considered as a special and particular part of "nternational Law,
since it is founded upon the constituting instrument of the organization that draws its !alidity and
applicability from the rules of "nternational Law.


#I. &ri'ileges and I$$unities of International Organizations @11B

"t is uncertain which immunities and to what e'tent international organizations en2oy under customary
"nternational Law8 the position of this law is far from clear.@1AB )ctually, immunities are granted to
international organizations by treaties, or by head7uarters agreements concluded with the host >tate where
the organization is seated.
The purpose of immunity granted to international organizations is purely functional. "mmunity is
regarded as functionally necessary for the fulfillment of their ob2ecti!es.@1=B "t is not a reflection of
so!ereignty, as it is in case of a state, e'cept only indirectly when aiming to protect the interests of the
member states of the organization.@14B
Probably the most important e'ample of treaties pro!iding immunities to international organizations is
the 194+ 5eneral *on!entions on the Pri!ileges and "mmunities of the &nited ations,@15B which sets out
the immunities of the &nited ations and its personnel. The &nited ations en2oys complete immunity from
all legal process.@1+B "ts premises, assets, archi!es and documents are in!iolable.@16B "t is e'empt from
direct ta'es and customs duties.@1,B "ts staff is e'empt from income ta' on their salaries.@19B
The &. >ecretary 5eneral and the )ssistant >ecretaries 5eneral en2oy diplomatic immunity.@AEB :ther
staff members en2oy limited immunities, such as immunity from legal process in respect of their official acts.
@A1B
<epresentati!es of member >tates attending the &nited ations meetings are granted almost the same
immunities as diplomats, e'cept their immunity from legal process applies only to their official acts.@AAB
)n e'ample of treaties pro!iding immunities to representati!es of states in international organizations is
the 1965 1ienna *on!ention on the <epresentati!es of >tates in their <elations with "nternational
:rganizations of a &ni!ersal *haracter.@A=B This treaty applies to representati!es of states in any
international organizations of a uni!ersal character, irrespecti!e of whether or not there are diplomatic
relations between the sending >tate and the host >tates. &nder this treaty, the representati!es of >tates in
uni!ersal international organizations en2oy similar immunities to those pro!ided in the 19+1 1ienna
*on!ention on 9iplomatic <elations. They en2oy immunity from criminal 2urisdiction, and immunity from
ci!il and administrati!e 2urisdiction in all cases, sa!e for certain e'ceptions. The mission premises, archi!es,
documents and correspondence are in!iolable.


#II. %cts of International Organizations as Sources of International !a" [()]

The growth of international organizations since the #irst $orld $ar has been accompanied by
suggestions that the acts of these organizations should be recognized as a source of "nternational Law.@A5B
The 7uestion in!ol!ed hereto is whether the decisions of the organs of these organizations can be regarded as
a separate source of "nternational Law.
9ecisions of the organs of international organizations may be binding or non-binding. )n organ may be
authorized to ta%e decisions which are binding on member states8 only these binding decisions are regarded
as a source of the "nternational Law. The only clear e'ample of binding decisions is the resolutions which
the >ecurity *ouncil of the &nited ations are authorized to ta%e under *hapter >e!en /1""0 of the *harter
of the &nited ations dealing with actions related to threats to the peace, breaches of the peace, and acts of
aggression.@A+B
;owe!er, there is a contro!ersy concerns the non-binding decisions of the organs of the international
organizations. >ince almost all the organs of the international organizations are composed of representati!es
of member states and their acts are merely the acts of the states represented in these organs, they would
probably constitute an e!idence of customary law because they reflect the !iews of the state !oting for them.
@A6B The ob!ious e'amples of such type of acts are the resolutions and declarations of the 5eneral
)ssembly of the &nited ations. $hen the !ast ma2ority of >tates, in the 5eneral )ssembly, consistently
!ote for resolutions and declarations on a certain topic, a state practice will be established and a binding rule
of customary "nternational Law will emerge.@A,B Thus, these resolutions and declarations will constitute an
e!idence of the e'istence of customary "nternational Law. ('amples of such resolutions and declarations
regarded as e'amples of >tate Practice which ha!e led to binding rules of customary "nternational Law are3
Cthe <esolution on Prohibition of the &se of uclear $eapons for $ar PurposesD, Cthe 9eclaration on
5ranting of "ndependence to *olonial *ountries and PeoplesD, Cthe 9eclaration on Permanent >o!ereignty
o!er atural <esourcesD and Cthe 9eclaration of Legal Principles 5o!erning )cti!ities of >tates in the
('ploration and &se of :uter >paceD.@A9B
<esolutions and declarations of the 5eneral )ssembly may also pro!ide a basis for the progressi!e
de!elopment of the "nternational Law and the speedy adaptation of customary law to the conditions of
modern life.@=EB Foreo!er, in some instances, a resolution or declaration may ha!e direct legal effects as an
authoritati!e interpretation and application of the principles stated in the *harter of the &nited ations.@=1B


#III. T*e +ole of International Organizations in t*e De'elop$ent of International !a" @=AB

The establishment of the League of ations in 1919, following the #irst $orld $ar, and the
establishment of the &nited ations in 1945, following the >econd $orld $ar, represented two significant
turning points in the de!elopment of the "nternational Law. The de!elopment was characterized by a new
departure in the e!olution of this Law. "nternational Law began its e!olution from being primarily a system
of regulating relations between states towards becoming also a system of international cooperation.
The League of ations was the first international organization established primarily for the purpose of
maintaining international peace and security. The establishment of the "nternational Labor :rganization
/"L:0, affiliated with the League of ations, in 1919 signaled the end of an era in which "nternational Law
was, with few e'ceptions, confined to the regulation of relations between states.@==B The "L: was the first
permanent international organization concerned with the impro!ement of labor conditions and social welfare
at the international le!el. "n 19A1, the Permanent *ourt of "nternational ?ustice /P*"?0 was established as the
first permanent international 2udicial organ with an international 2udicial 2urisdiction.
The establishment of the &nited ations in 1945 led to a progressi!e de!elopment of "nternational Law.
9uring the post-&nited ationsH era, the de!elopment of "nternational Law has been influenced by two
ma2or e!ents effected the international community.@=4B The first ma2or e!ent has been the e'pansion in the
membership of the international community. ew >tates, mostly representing non-western ci!ilization, ha!e
2oined the club of family of nations, which was pre!iously e'clusi!ely limited to states belonging to $estern
*i!ilization. The concerns and priorities of these states ha!e been different from those of other states8 they
ha!e been occupied with the de!elopment of their political, economic and social systems. The second ma2or
e!ent has been the massi!e e'pansion of international organizations for cooperation. umerous specialized
agencies of the &nited ations and other international organizations, uni!ersal as well as regional, ha!e been
established. This e!ent has confirmed the e!olution "nternational Law from its traditional nature to its
contemporary nature of being a system of organized collecti!e efforts for cooperation.
>ince the establishment of the &nited ations, a great number of international treaties co!ering all
aspects of international affaires ha!e been concluded. Law-ma%ing treaties ha!e been contributing
e'tensi!ely to the rapid de!elopment of Public "nternational Law. They ha!e led to may important new
de!elopments in Public "nternational Law, and greatly increased its scope. )part of the law-ma%ing treaties,
international courts, the present "nternational *ourt of ?ustice /"*?0, its forerunner the Permanent *ourt of
"nternational ?ustice /P*"?0, and others, ha!e been also contributing to the de!elopment of Public
"nternational Law. Foreo!er, the "nternational Law *ommission created in 1946, the organs of the &nited
ations and its specialized agencies ha!e been playing a significant role in de!eloping and e'panding Public
"nternational Law.