International Organisations

Introduction

International organisations are institutions created by agreement between States, generally through a treaty or other constituent instrument, to pursue common objectives through permanent structures and functions.

They are an important part of contemporary international law because international relations are no longer conducted exclusively by individual States. Organisations such as the United Nations, World Health Organization, International Labour Organization, International Monetary Fund and World Trade Organization perform functions in areas including international peace and security, health, labour, trade, development and finance.

International organisations possess a legal personality and powers determined by their constituent instruments and applicable rules of international law.

The basic idea is:

States

↓

Constituent Treaty / Charter

↓

International Organisation

↓

Permanent Institutions

↓

Functions + Powers

↓

International Legal Personality

Meaning of International Organisation

There is no single universally accepted definition that covers every type of international organisation.

In general, an international organisation is an entity established by States through an international agreement and possessing:

• a permanent institutional structure;
• organs through which it acts;
• functions and purposes defined by its constituent instrument;
• a degree of international legal personality;
• rights and obligations under international law.

Simple Definition

International organisation = States + Constituent Instrument + Permanent Institutional Structure + International Functions

International Legal Personality

One of the most important characteristics of an international organisation is its international legal personality.

Legal personality means that an organisation can possess rights and obligations under international law and can, within the limits of its powers, act independently at the international level.

It may be capable of:

• entering into agreements;
• possessing property;
• bringing international claims;
• employing international officials;
• exercising powers assigned to it;
• enjoying privileges and immunities.

However, the precise extent of an organisation’s legal personality depends upon its constituent instrument, subsequent practice and applicable international law.

Reparation for Injuries Advisory Opinion

Reparation for Injuries Suffered in the Service of the United Nations (1949)

This is the leading authority concerning the international legal personality of international organisations.

The ICJ considered whether the United Nations possessed international personality and whether it could bring an international claim for injury suffered by one of its agents.

The Court recognised that the United Nations possesses international legal personality and has the capacity to bring an international claim where necessary for the performance of its functions.

Importance

The case established that an international organisation can possess an international legal personality distinct from that of its member States.

Objective Personality

The Reparation for Injuries opinion is also associated with the concept of the organisation’s objective personality.

The Court recognised that the UN’s international personality could have significance beyond merely those States that had expressly recognised it.

The precise extent of this principle depends on the organisation and the circumstances.

Constituent Instrument

Every international organisation operates primarily under its constituent instrument.

Examples include:

• UN Charter → United Nations;
• WHO Constitution → World Health Organization;
• ILO Constitution → International Labour Organization;
• IMF Articles of Agreement → International Monetary Fund;
• WTO Agreement → World Trade Organization.

The constituent instrument establishes:

• purposes;
• powers;
• organs;
• voting arrangements;
• membership;
• financial arrangements;
• procedures;
• relationships with members.

Principle of Conferral

International organisations do not possess unlimited powers.

Their powers are generally derived from the authority conferred upon them by their constituent instruments.

This is often described as the principle of conferral or attributed powers.

Formula

Constituent Instrument

↓

Powers Conferred

↓

Organisation Exercises Those Powers

The organisation cannot simply assume unlimited authority because it considers an action useful.

Express and Implied Powers

The powers of an international organisation may be:

Express Powers

Powers expressly stated in the constituent instrument.

Implied Powers

Powers that are not expressly stated but may be considered necessary for the effective performance of the organisation’s functions.

Implied Powers

The doctrine of implied powers is particularly important in international organisational law.

An organisation may possess powers necessary to perform functions that have been expressly assigned to it.

The leading authority is again:

Reparation for Injuries

The ICJ recognised that the UN must possess certain powers necessary for the performance of the functions entrusted to it.

Easy Formula

Express Function

↓

Power necessary to perform function

↓

Implied Power

International Organisations as Subjects of International Law

International organisations are generally regarded as subjects of international law, although their legal personality differs from that of States.

States

Possess general international legal personality.

International Organisations

Possess functional and attributed personality connected with their purposes and powers.

Thus:

State → General international personality

Organisation → Functional/attributed personality

This is an important distinction.

Membership

Membership is determined by the constituent instrument.

Some organisations have:

• universal membership;
• regional membership;
• specialised membership.

Membership may involve:

• rights;
• voting rights;
• financial contributions;
• obligations;
• participation in organs.

Admission of Members

The conditions for membership are determined by the organisation’s constituent instrument.

For the United Nations, admission is governed by Article 4 of the UN Charter.

A State must:

• be a peace-loving State;
• accept the obligations contained in the Charter;
• be willing and able to carry out those obligations.

Admission requires a recommendation of the Security Council followed by a decision of the General Assembly.

Withdrawal from International Organisations

Whether a State may withdraw depends primarily on the constituent instrument and applicable international law.

Some instruments expressly provide for withdrawal.

Others may be silent.

Therefore, there is no single universal rule that every organisation follows.

Organs of International Organisations

International organisations generally operate through permanent organs.

The structure varies from organisation to organisation.

Typical organs may include:

• plenary assembly;
• executive council;
• secretariat;
• judicial or quasi-judicial bodies;
• technical committees.

United Nations as an Example

The principal organs of the United Nations are:

• General Assembly;
• Security Council;
• Economic and Social Council;
• Trusteeship Council;
• International Court of Justice;
• Secretariat.

The UN demonstrates how an international organisation can possess multiple organs performing different functions.

Secretariat

The secretariat normally performs the organisation’s continuing administrative functions.

For example, the UN Secretariat assists in:

• administration;
• international meetings;
• research;
• communication;
• implementation of institutional decisions.

The head of the UN Secretariat is the Secretary-General.

Decision-Making

International organisations may use different decision-making procedures.

These can include:

• unanimity;
• consensus;
• simple majority;
• qualified majority;
• weighted voting.

The applicable method depends on the organisation’s constituent instrument.

Voting

Voting arrangements can differ significantly.

For example:

UN General Assembly

→ generally one State, one vote.

IMF

→ voting is weighted according to the organisation’s institutional framework.

Therefore, there is no universal voting model for all international organisations.

Privileges and Immunities

International organisations require a degree of independence from domestic authorities in order to perform their functions.

They therefore generally enjoy privileges and immunities.

These may cover:

• premises;
• property;
• archives;
• communications;
• officials;
• representatives.

The precise scope depends on:

• constituent instruments;
• headquarters agreements;
• specialised conventions;
• customary international law where applicable.

Convention on the Privileges and Immunities of the United Nations

The 1946 Convention on the Privileges and Immunities of the United Nations provides an important legal framework for UN privileges and immunities.

It protects the organisation and its officials from certain forms of domestic interference.

International Organisations and Responsibility

International organisations can incur international responsibility for internationally wrongful conduct.

The law concerning this subject is addressed in the International Law Commission’s Articles on the Responsibility of International Organizations (ARIO).

An internationally wrongful act of an international organisation generally involves:

• conduct attributable to the organisation; and
• breach of an international obligation applicable to the organisation.

Responsibility of International Organisations

The principles are broadly comparable to State responsibility, but organisations have distinct institutional characteristics.

Important questions include:

• attribution of conduct;
• breach of international obligations;
• responsibility of the organisation;
• responsibility of member States;
• circumstances precluding wrongfulness;
• consequences of responsibility.

Attribution

Conduct of organs and agents of an international organisation may be attributable to the organisation under the applicable rules.

For example, conduct of an organisation’s authorised organ acting in its official capacity may be attributable to the organisation.

Responsibility of Member States

A member State is not automatically responsible for every internationally wrongful act committed by an international organisation simply because it is a member.

The responsibility of the organisation and its members must be analysed separately.

This distinction is particularly important in cases involving:

• peacekeeping operations;
• international financial institutions;
• sanctions;
• institutional decisions.

International Organisations and Treaty-Making

International organisations may enter into international agreements where they possess the relevant capacity.

The Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations (1986) deals with treaties involving international organisations.

The Convention has not entered into force, but it reflects important principles concerning treaty relations involving organisations.

International Organisations and Dispute Settlement

International organisations may participate in international dispute settlement through:

• negotiations;
• mediation;
• arbitration;
• judicial proceedings where jurisdiction permits;
• internal dispute-resolution mechanisms.

Their ability to appear before a particular international tribunal depends upon the applicable legal framework.

International Organisations and the ICJ

International organisations cannot generally be parties to contentious proceedings before the ICJ.

Article 34(1) ICJ Statute

Only States may be parties in cases before the Court.

However, international organisations can play an important role in the ICJ’s advisory jurisdiction.

Article 96 UN Charter

The General Assembly and Security Council may request advisory opinions, while authorised UN organs and specialised agencies may request opinions on legal questions within the scope of their activities.

International Organisations and Advisory Opinions

International organisations may:

• request advisory opinions where authorised;
• provide written statements;
• participate in advisory proceedings;
• assist the Court with relevant information.

This makes advisory jurisdiction particularly important for international organisations.

International Organisations and Individuals

International organisations employ individuals as:

• international civil servants;
• experts;
• officials;
• peacekeepers;
• representatives.

The legal status of such individuals may involve special privileges and immunities.

Their relationship with the organisation is governed by:

• international law;
• staff regulations;
• employment rules;
• constituent instruments;
• relevant agreements.

Functional Necessity

Privileges and immunities of international organisations are generally justified by the need to enable them to perform their functions independently.

This is often described as the principle of functional necessity.

The purpose is not to give officials personal advantages.

It is to protect the organisation’s ability to perform its international functions.

International Organisations and Domestic Courts

Questions may arise when an international organisation is sued before a domestic court.

The organisation may claim immunity depending upon the applicable legal framework.

Courts may have to consider:

• constituent instruments;
• privileges and immunities conventions;
• headquarters agreements;
• domestic implementing legislation;
• applicable international law.

Headquarters Agreements

International organisations often conclude headquarters agreements with the State in which their headquarters are located.

These agreements may regulate:

• premises;
• privileges;
• immunities;
• taxation;
• entry and residence of officials;
• communications;
• relations with local authorities.

Types of International Organisations

International organisations can be classified in several ways.

Universal Organisations

Membership is potentially open to States generally.

Example:

United Nations

Regional Organisations

Membership is limited to States within a particular geographical or political region.

Examples include:

• African Union;
• European Union;
• Organization of American States;
• ASEAN.

Specialised Organisations

They focus on particular areas.

Examples include:

• WHO → health;
• ILO → labour;
• UNESCO → education, science and culture;
• ICAO → civil aviation.

Intergovernmental Organisations

The traditional category of international organisation is the intergovernmental organisation (IGO).

These are established primarily by States through international agreements.

Examples:

• United Nations;
• WHO;
• IMF;
• WTO;
• ILO.

International Organisations vs NGOs

International organisations should not be confused with non-governmental organisations (NGOs).

International Organisation	NGO
Generally created by States	Generally created by private individuals/entities
Constituent international instrument	Private/civil-society constitution
Subject of international law to relevant extent	Generally not an international organisation
International legal personality	Legal status depends on domestic/international framework
Examples: UN, WHO, IMF	Examples: Amnesty International, Médecins Sans Frontières

International Organisations vs States

State	International Organisation
Original/primary subject of international law	Derivative/functional subject
General international personality	Personality based on constituent instrument and applicable law
Territory and population	No general territorial sovereignty
Sovereignty	No sovereignty equivalent to a State
General competence	Limited by functions and powers
Creates international organisations	Created by States

International Organisations and Sovereignty

International organisations do not possess State sovereignty.

Their authority is derived from the legal framework establishing them.

A State may delegate or confer certain powers upon an organisation without transferring its entire sovereignty.

Therefore:

International Organisation ≠ Super-State

Autonomy of International Organisations

Once established, an organisation can possess a degree of institutional autonomy.

It can act through its organs and perform functions independently of individual member States, subject to its constituent instrument.

This is one of the consequences of its separate international legal personality.

United Nations as an International Organisation

The United Nations is the most significant example.

Its purposes under Article 1 of the UN Charter include:

• maintaining international peace and security;
• developing friendly relations among nations;
• achieving international cooperation;
• promoting respect for human rights and fundamental freedoms.

The UN’s powers are distributed among its organs according to the Charter.

Important Cases

Reparation for Injuries Suffered in the Service of the United Nations (1949)

Principle: The United Nations possesses international legal personality and capacity to bring international claims necessary for its functions.

Certain Expenses of the United Nations (1962)

The ICJ considered whether certain UN expenditures constituted “expenses of the Organization” under the UN Charter.

The case is important for understanding the powers and financial functions of the United Nations.

Effect of Awards of Compensation Made by the UN Administrative Tribunal (1954)

The Court considered the legal effect of judgments of the UN Administrative Tribunal.

The case illustrates the legal autonomy and institutional functioning of international organisations.

WHO / Nuclear Weapons Advisory Opinion (1996)

The ICJ considered whether the World Health Organization had competence to request an advisory opinion concerning the legality of the use of nuclear weapons.

The case is important for understanding the limits of the advisory-opinion power of specialised agencies.

Reparation for Injuries – Importance

The most important lesson from Reparation for Injuries is:

International Organisation

↓

International Legal Personality

↓

Independent International Rights and Obligations

↓

Capacity to Bring International Claims

The organisation’s personality is not identical to that of its member States.

WHO Nuclear Weapons Opinion – Important Point

In the Legality of the Use by a State of Nuclear Weapons in Armed Conflict (1996) advisory proceedings, the Court held that the WHO’s request was outside the scope of its activities and therefore did not meet the relevant requirement for advisory jurisdiction.

This demonstrates that specialised agencies do not have the same unlimited advisory-request power as the General Assembly and Security Council.

Important Legal Principles

Separate Legal Personality

An international organisation can have personality distinct from its members.

Functional Personality

Its powers are connected to the functions assigned to it.

Principle of Conferral

Its powers arise from its constituent instrument and applicable law.

Implied Powers

Certain powers may be inferred where necessary for the effective performance of assigned functions.

Functional Necessity

Privileges and immunities exist to enable the organisation to perform its functions.

Institutional Autonomy

The organisation may act through its own organs within its legal powers.

Complete Structure

States

↓

Constituent Treaty / Charter

↓

International Organisation

↓

International Legal Personality

↓

Permanent Organs

↓

Express + Implied Powers

↓

International Functions

↓

Rights + Obligations

↓

Possible International Responsibility

Quick Revision

Question	Answer
Meaning	Permanent institution created by States for common international purposes
Main basis	Constituent treaty/instrument
Legal personality	Yes, to relevant extent
Nature of personality	Functional/attributed
Sovereignty	No State sovereignty
Powers	Conferred + certain implied powers
Leading personality case	Reparation for Injuries (1949)
UN legal personality	Recognised by ICJ
ICJ contentious cases	Only States may be parties
Advisory jurisdiction	International organisations may have important roles
UN advisory requests	GA & SC can request on any legal question
Specialised agencies	Subject to authorisation and scope of activities
Privileges/immunities	Based on functional necessity
Responsibility	International organisations can incur responsibility
Responsibility framework	ARIO
Treaty relations	1986 Vienna Convention framework
Main example	United Nations
Other examples	WHO, ILO, IMF, WTO

Key Exam Points

• International organisations are institutions established by States through international agreements to pursue common objectives.
• Their legal personality is distinct from that of their member States.
• Reparation for Injuries (1949) is the leading authority on the international legal personality of international organisations.
• International organisations are generally functional and attributed subjects of international law.
• Their powers are primarily determined by their constituent instruments.
• The principle of conferral limits an organisation’s powers.
• Organisations may possess certain implied powers necessary to perform their functions.
• International organisations do not possess sovereignty equivalent to States.
• International organisations may possess rights and obligations under international law.
• They may incur international responsibility for internationally wrongful conduct.
• The responsibility of an international organisation must be distinguished from the responsibility of its member States.
• International organisations generally enjoy privileges and immunities necessary for the independent performance of their functions.
• The 1946 Convention on the Privileges and Immunities of the United Nations is important for UN privileges and immunities.
• International organisations may enter into international agreements within the scope of their legal capacity.
• The 1986 Vienna Convention concerns treaties between States and international organisations or between international organisations.
• Under Article 34(1) of the ICJ Statute, only States may be parties to contentious proceedings before the ICJ.
• International organisations have an important role in the advisory jurisdiction of the ICJ.
• Specialised agencies have more limited authority to request advisory opinions than the General Assembly and Security Council.
• Reparation for Injuries → International legal personality.
• Certain Expenses of the United Nations → UN powers and expenses.
• WHO Nuclear Weapons Opinion → limits on specialised agencies’ advisory requests.
• Functional necessity → basis for privileges and immunities.
• International Organisation ≠ Super-State.

Conclusion

International organisations have become indispensable participants in the modern international legal system. They provide permanent institutional mechanisms through which States can pursue common objectives in areas such as peace and security, health, labour, trade, finance and development.

Their legal personality is particularly important. In Reparation for Injuries, the ICJ recognised that the United Nations possesses an international legal personality distinct from that of its member States. This principle provides the foundation for understanding international organisations as subjects of international law.

At the same time, international organisations are not sovereign States. Their authority is conferred and functional, and their powers are determined principally by their constituent instruments. They may exercise express powers and, where justified, implied powers necessary to perform their assigned functions.

For examination purposes, remember:

Constituent Instrument → Creates Organisation

Reparation for Injuries → Legal Personality

Principle of Conferral → Limits Powers

Implied Powers → Necessary for Functions

Functional Necessity → Privileges and Immunities

ARIO → Responsibility of International Organisations

Article 34 ICJ Statute → Only States are parties in contentious cases

Article 96 UN Charter → Advisory Opinions

International Organisation ≠ State → No Sovereignty Equivalent to a State