INTRODUCTION TO THE LAW OF 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 Nations was the first universal comprehensive organizations formed by the international community of nations.  It was created in 1919, after the First World War.   This creation marked a turning point in the evolution of world affairs.  Until the creation of the League of Nations, world affairs were to a large extent influenced by the periodic international conferences that were held in Europe. The system of conferences dealing with problems that concerned two or more states had dominated the European affairs during the nineteenth century.  Although the Peace Conference of Westphalia of 1648, which ended the Thirty-Year War (religious war) in Europe, was the first conference held in Europe, the Congress of Vienna of 1815 initiated the era of international conferences and multilateral treaties.  The Congress of Vienna, which terminated the Napoleonic Wars, was a significant turning point because it marked the first systematic attempt to regulate international affairs by means of regular international conferences.  The system of Congress of Vienna 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 extended diplomacy because the diplomatic contacts were unable alone to cope completely with the complexities of international affairs.  International conferences and diplomatic contacts were used by European nations during the nineteenth century as forms of cooperation to introduce or promote their political and economic relations, and to face world issues.  In many cases, conferences resulted in international treaties or formal peace.  European nations held several conferences in the nineteenth century, the major conferences were:  the Paris Conference of 1856, the Berlin Gathering of 1871 and the Berlin conference of 1878 which dealt with the questions of the Balkans; and the Berlin Conferences of 1884 and of 1885 which dealt with the European interests in Africa.      During the course of time, conferences proved that they were inadequate to fulfill the objectives they were intended to achieve.  A conference could only be convened at the initiative of one or more states involved, usually following international crises.  Only invited states could attend.  An invited state involved might refuse to attend.  Decisions could not be taken except by unanimous agreements.  These factors severely restricted the use and effectiveness of conferences as methods of state cooperation.  However, conferences constituted an important prelude to the establishment of international institutions.      In the nineteenth century, several inter-governmental institutions were also established covering transportation, communications, health and economic cooperation.  Examples of such institutions were the commission of the Rhine (1831), the Commission of the Danube (1856), the International Telegraphic Union (1865) and the Universal Postal Union (1874).  Such international institutions were not comprehensive ones, but functional ones joining together governmental departments or administrations for specific purposes.  They were created by multilateral treaties.  The powers entrusted to them varied, but most of them performed important administrative and legislative functions.  They combined permanent bureaus or secretariats and periodic conferences.  Their decisions could be taken by majority vote.  These features constituted a step forward in state cooperation since they enable the institutions to overcome the weaknesses of conferences, particularly the principle of unanimity.      The nineteenth century also witnessed the creation of several international non-governmental institutions dealing with specific matters.  Examples of such institutions were the International Committee of the Red Cross (founded in 1863) and the International Law Association (founded in 1873).  Such private institutions created the machinery for regular meetings and many established permanent secretariats.  The works of these institutions were, and remain, of considerable value in influencing governmental activities and stimulating world action in specific matters of international concern.          The establishment of international institutions in the nineteenth century was significant since they paved the way for international organizations of the twentieth century.  The innovation of the twentieth century was the creation of universal comprehensive organizations, such as the League of Nations and the United Nations.      Just as the First World War had led to the establishment of the League of Nations, the Second World War led to the establishment of the United Nations. In these two cases, States developed 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 United Nations forms the key-stone of the system of international organizations.  Affiliated with the United Nations are the specialized agencies.  Beside these organizations, there are many regional organizations of various types and forms, in Europe, in America, in Asia, in Africa, and in the Pacific. II. Definition and Classification of International Organizations       International organizations are either intergovernmental organizations, known as public international organizations, or nongovernmental organizations (NGOs), known as private international organizations.[2]  Intergovernmental organization is different from nongovernmental organization; while the first is set up by agreement between states, the second is set up by individuals.      However, the term “international organization” is usually used to describe an organization established by agreement between two or more States.  In 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 subject of International Law.      Today, there are some 500 international organizations of various types.   The organizations can be classified under the following criteria: (A)  Classification according to their membership:  Organizations may be: 1.     Organization with open membership:  These organizations are universal (global) in their membership.  Their membership is open to all states.  The United Nations (UN) is the most important global organization; other examples are the specialized agencies affiliated with the United Nations, and the World Trade Organization. 2.     Organizations with restricted membership:  Organizations of this type may be: (a) Regional organizations of which membership is restricted to states who belong to a particular continent or geographical region; examples are the European Union EU), the Organization of American States(OAS), the League of Arab States, and the Association of South East Asian Nations (ASEAN). (b) Organizations with membership based on religious, cultural, or historical link; examples are the Organization of Islamic Conference, La Francophonie, the Commonwealth of Nations, and the Commonwealth of Independent States. (B) Classification according to their geographical location:  Organizations            may be:       1. Global (universal) organizations:  Organizations of the type mentioned                     above [(A) 1]. 2. Regional organizations:  Organizations of the type mentioned above         [(A) 2 (a)]. (C) Classification according to their functions and tasks:  Organizations                may be classified into: 1.     Organizations of (a) general purposes or, (b) particular (specific) purposes.  Examples of general purposes organizations are the United Nations, the European Union, the Arab League, and the Organization of American States.  Examples of particular purposes organizations are the specialized agencies of the United Nations, the World Trade Organization (WTO), the North Atlantic Treaty Organization (NATO), and the Organization of Petroleum Exporting Countries (OPEC). 2.     Organizations of (a) political purposes, such as the UN, the EU, the Arab League; (b) economic (trade and financial) purposes, such as the WTO, the World Bank Group, The International Monetary Fund (IMF), and the OPEC;  (c) social purposes, such as the United Nations Educational, Scientific and Cultural Organization (UNESCO), the International Labour Organization (ILO), and the Food and Agriculture Organization (FAO); (d) technical purposes, such as the International Civil Aviation Organization (ICAO), the Universal Postal Organization (UPU), and the International Telecommunication Union (ITU), (e) Judicial purposes, such as the International Criminal Court; and (f) military purposes (defense alliances), such as the NATO, and the dissolved Warsaw Pact.    (D) Classification according to the nature of their structural organization:             Organizations may be: 1.     Traditional organizations:  This type of organizations is in essence based on inter-governmental cooperation of states which retain control of the decision-making process and finance of the organization; all the existing organizations, except the EU, are of this type. 2.     Supranational organization:  In this type of organizations, the      transfer of sovereignty from the member states to the organization is extensive as to the scope and nature of delegated powers.  The supranational organization is characterized mainly by the following elements: its organs are composed of persons who are not government representatives, its decisions can be taken by majority vote, its decisions have binding force on the member states, as well as, have direct effect on persons within them.[3]  The only example of such a type of organizations is the European Union which sufficiently meets all the requirements of a supranational organization.         III. International Organizations as Subjects of International Law [4]        When we say that an entity is a legal person, or that it is a subject of the law, we mean that it has a capacity to enter into legal relations and to have legal rights and duties.  In this sense, a subject of International Law is an entity who possesses international legal personality, i.e., capable of possessing rights and obligations and having the capacity to take certain types of action on the international level.  Traditionally, states have been the only subjects or persons of International Law.  While states have remained the predominant persons of International Law, the position has changed since the mid-twentieth century. With the establishment of international organizations, it has become necessary that a sort of international legal personality be granted to these entities.  Thus, international organizations have acquired some degree of international legal personality, and have become subjects or persons of International Law (as well as individuals, groups and companies).      The problem of including international organizations in the international legal system is reflected in the very concept of legal personality, the central issues of which have been primarily related to the capacity to conclude international agreements, to bring claims arising from the violations of International Law, and to enjoy privileges and immunities from national jurisdictions.      The leading judicial authority on the legal personality of international organizations is the advisory opinion of the International Court of Justice (ICJ) in the Reparation for Injuries Case of 1949. [5]  The case arose out of the murder of the United Nations mediator in Palestine Count Bernadotte by Zionist terrorists in 1948.  The United Nations considered that Israel had been negligent in failing to prevent or punish the murderers, and wished to make a claim for compensation under International Law against Israel.  However, it was uncertain whether the United Nations had the legal capacity to make such a claim.  The United Nations requested the opinion of the Court on this problem.  In its opinion, the ICJ held that the United Nations was an international person, although not a state, and therefore not having the same rights and duties of a state. The United Nations had an international personality; its functions and powers were so important that the Organization could not carry out them unless it had some degree of international personality.  The United Nations could perform legal acts such as entering into agreements with member states and with other international organizations, concluding contracts and bringing claims before the Court.  Such capacity to perform legal acts is a prerequisite of international legal personality.      International organizations are generally considered to be subjects of International Law, as are states, even though their international legal personality is limited to possessing specific rights and duties.  Their status is determined be conventions among states and, therefore, the recognition of the international personality of an international organization is limited to signatory states of the convention creating such an organization.      Generally, 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 United Nations, for example, is derived from the United Nations Charter, the Headquarters Agreement between the United Nations and the United States of America of 1947, and the 1946 Convention on the Principles and Immunities of the United Nations.[6]      The attribution of an international legal personality involves the capacity to perform legal acts, to have rights and duties and to enter into relations on the international level.  In reality, international organizations have exercised their legal capacity in a great variety of ways.  They have concluded treaties, created military forces, convened international conferences, and brought claims against States.      The legal personality acquired by international organizations necessarily imports consequences as to international responsibility, both to and by the organization.  When 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 adequate reparation for the damage suffered by its or by its agents.  Whereas the right of a state to assert a claim on behalf of a victim is based on the link of nationality, in the case of an international organization, the necessary link relates to the requirements of the organization and therefore the fact that the victim was acting on behalf of the organization in exercising one of its functions.  The organization possesses a right of functional protection in respect of its agents.[7]        Just as a state can be held responsible for injury to an organization, so can the organization be held responsible for injury to a state, when the injury arises out of a breach by the organization of an international obligation deriving from a treaty provision or principle of International Law.  The question of responsibility has particularly arisen in the context of United Nations peacekeeping operations and liability for the activities for the members of such forces.  In such cases, the United Nations has accepted responsibility and offered compensation for wrongful acts.         IV. Constituting Instruments of International Organizations [8]      International 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.  In this sense, such instruments have a dual nature, conventional 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 object is to create new subjects of international law endowed with certain autonomy, to which the parties entrust the tasks of realizing common goals.[9]        Such constituting instruments fall within the framework of the international law of treaties.  They are to be interpreted and applied according to International Law. V.  Applicable Law of International Organizations [10]      Since the constituting instruments of international organizations fall within the framework of International Law, accordingly, as a general rule, the applicable or “proper” law of international organizations is the International Law.  In addition, an organization may enter into treaty relationship with a particular state, for example, a headquarters agreement.  In such a case, such relationship will also be governed by International Law.       However, the applicable law in particular circumstances may be national law. When an organization enters into private transactions such as contracting for equipments and services, or purchasing or leasing land, these transactions will normally be subject to the appropriate national law.  Tortious liability as between the organization and a private person will generally be subject to national law.      The internal law of the organization governs its internal affairs and matters such as employment relations, the establishment and functioning of subsidiary organs, and the management of administrative services.  The Internal 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 International Law, since it is founded upon the constituting instrument of the organization that draws its validity and applicability from the rules of International Law.                   VI. Privileges and Immunities of International Organizations[11]      It is uncertain which immunities and to what extent international organizations enjoy under customary International Law; the position of this law is far from clear.[12]   Actually, immunities are granted to international organizations by treaties, or by headquarters agreements concluded with the host State where the organization is seated.      The purpose of immunity granted to international organizations is purely functional. Immunity is regarded as functionally necessary for the fulfillment of their objectives.[13]   It is not a reflection of sovereignty, as it is in case of a state, except only indirectly when aiming to protect the interests of the member states of the organization.[14]      Probably the most important example of treaties providing immunities to international organizations is the 1946 General Conventions on the Privileges and Immunities of the United Nations,[15]  which sets out the immunities of the United Nations and its personnel. The United Nations enjoys complete immunity from all legal process.[16]  Its premises, assets, archives and documents are inviolable.[17]  It is exempt from direct taxes and customs duties.[18]  Its staff is exempt from income tax on their salaries.[19]      The U.N Secretary General and the Assistant Secretaries General enjoy diplomatic immunity.[20]  Other staff members enjoy limited immunities, such as immunity from legal process in respect of their official acts.[21]      Representatives of member States attending the United Nations meetings are granted almost the same immunities as diplomats, except their immunity from legal process applies only to their official acts.[22]      An example of treaties providing immunities to representatives of states in international organizations is the 1975 Vienna Convention on the Representatives of States in their Relations with International Organizations of a Universal Character.[23]  This treaty applies to representatives of states in any international organizations of a universal character, irrespective of whether or not there are diplomatic relations between the sending State and the host States.  Under this treaty, the representatives of States in universal international organizations enjoy similar immunities to those provided in the 1961 Vienna Convention on Diplomatic Relations.   They enjoy immunity from criminal jurisdiction, and immunity from civil and administrative jurisdiction in all cases, save for certain exceptions.  The mission premises, archives, documents and correspondence are inviolable.                         VII. Acts of International Organizations as Sources of International Law [24]                The growth of international organizations since the First World War has been accompanied by suggestions that the acts of these organizations should be recognized as a source of International Law.[25] The question involved hereto is whether the decisions of the organs of these organizations can be regarded as a separate source of International Law.      Decisions of the organs of international organizations may be binding or non-binding.  An organ may be authorized to take decisions which are binding on member states; only these binding decisions are regarded as a source of the International Law.  The only clear example of binding decisions is the resolutions which the Security Council of the United Nations are authorized to take under Chapter Seven (VII) of the Charter of the United Nations dealing with actions related to threats to the peace, breaches of the peace, and acts of aggression.[26]      However, there is a controversy concerns the non-binding decisions of the organs of the international organizations. Since almost all the organs of the international organizations are composed of representatives of member states and their acts are merely the acts of the states represented in these organs, they would probably constitute an evidence of customary law because they reflect the views of the state voting for them.[27]  The obvious examples of such type of acts are the resolutions and declarations of the General Assembly of the United Nations.  When the vast majority of States, in the General Assembly, consistently vote for resolutions and declarations on a certain topic, a state practice will be established and a binding rule of customary International Law will emerge.[28] Thus, these resolutions and declarations will constitute an evidence of the existence of customary International Law.  Examples of such resolutions and declarations regarded as examples of State Practice which have led to binding rules of customary International Law are: “the Resolution on Prohibition of the Use of Nuclear Weapons for War Purposes”, “the Declaration on Granting of Independence to Colonial Countries and Peoples”, “the Declaration on Permanent Sovereignty over Natural Resources” and “the Declaration of Legal Principles Governing Activities of States in the Exploration and Use of Outer Space”.[29]             Resolutions and declarations of the General Assembly may also provide a basis for the progressive development of the International Law and the speedy adaptation of customary law to the conditions of modern life.[30]  Moreover, in some instances, a resolution or declaration may have direct legal effects as an authoritative interpretation and application of the principles stated in the Charter of the United Nations.[31] VIII. The Role of International Organizations in the Development of International Law [32]      The establishment of the League of Nations in 1919, following the First World War, and the establishment of the United Nations in 1945, following the Second World War, represented two significant turning points in the development of the International Law.  The development was characterized by a new departure in the evolution of this Law.  International Law began its evolution from being primarily a system of regulating relations between states towards becoming also a system of international cooperation.      The League of Nations was the first international organization established primarily for the purpose of maintaining international peace and security. The establishment of the International Labor Organization (ILO), affiliated with the League of Nations, in 1919 signaled the end of an era in which International Law was, with few exceptions, confined to the regulation of relations between states.[33]  The ILO was the first permanent international organization concerned with the improvement of labor conditions and social welfare at the international level.  In 1921, the Permanent Court of International Justice (PCIJ) was established as the first permanent international judicial organ with an international judicial jurisdiction.      The establishment of the United Nations in 1945 led to a progressive development of International Law.  During the post-United Nations’ era, the development of International Law has been influenced by two major events effected the international community.[34]  The first major event has been the expansion in the membership of the international community.  New States, mostly representing non-western civilization, have joined the club of family of nations, which was previously exclusively limited to states belonging to Western Civilization.  The concerns and priorities of these states have been different from those of other states; they have been occupied with the development of their political, economic and social systems.  The second major event has been the massive expansion of international organizations for cooperation.  Numerous specialized agencies of the United Nations and other international organizations, universal as well as regional, have been established.   This event has confirmed the evolution International Law from its traditional nature to its contemporary nature of being a system of organized collective efforts for cooperation.      Since the establishment of the United Nations, a great number of international treaties covering all aspects of international affaires have been concluded.   Law-making treaties have been contributing extensively to the rapid development of Public International Law.  They have led to may important new developments in Public International Law, and greatly increased its scope.  Apart of the law-making treaties, international courts, the present International Court of Justice (ICJ), its forerunner the Permanent Court of International Justice (PCIJ), and others, have been also contributing to the development of Public International Law.  Moreover, the International Law Commission created in 1947, the organs of the United Nations and its specialized agencies have been playing a significant role in developing and expanding Public International Law. [1] See M. Shaw, International Law, pp. 1161-63, 5th edn., Cambridge (2003). [2] Examples of the NGOs are:  The International Committee of the Red Cross (ICRC), Amnesty International, Greenpeace, Doctors Without Frontiers, the International Chamber of Commerce (ICC), and the International Air Transport Association (IATA).  [3] See P. Malanczuk, Akehurst’s Modern Introduction to International Law, pp. 95-96, 7th rev. edn., New York (1997). [4] See generally Shaw, International Law, pp. 1187-93 & 1199-1201; I. Brownlie, Principles of Public International Law, pp. 648-50, 6th edn., Oxford (2003); Malanczuk, pp. 91-96; and  M.W. Abdulrahim, Introduction to Public International Law, pp. 34-35, Beirut (2006). [5]  1949 ICJ Reports, p. 174. [6]  Text of the 1946 Convention on the Privileges and Immunities of the United Nations in 1 U.N.T.S 15. [7] 1949 ICJ Reports, p. 184. [8] See generally Shaw, pp. 1193-95. [9] See the Advisory Opinion of the ICJ in the Legality of the Use by a State of Nuclear Weapons in Armed Conflict Case, 1997 ICJ, pp. 66, 74-5. [10] See generally Shaw, pp. 1198-99. [11] See generally Shaw, pp. 1205-12; Brownlie, pp. 652-4; Malanczuk, pp. 127-8; and Abdulrahim, Introduction to Public International Law, pp. 88-89. [12] See Malanczuk, p. 127. [13] See id. pp.127-8; Brownlie, p. 652; and Shaw, p, 1205. [14] Malanczuk, p. 128. [15] Text in 1 U.N.T.S. 15.  [16] Id. section 2. [17] Id. sections 3,4 & 4. [18] Id. sections 7 & 8. [19] Id. section 18(b). [20] Id. sections 17-20. [21] Id. sections 18 & 20. [22] Id. sections 11-15. [23] Text in 69 A.J.I.L (1974), 730. [24] See Abdulrahim, Introduction to Public International Law, pp. 25-27. [25] Id. p. 52. [26] See UN Charter arts. 39-51. Article 25 of the UN Charter provides:  “The Members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter.” [27] See Malanczuk, p. 52. [28] See Malanczuk, p. 53; Shaw, pp. 108-9; and Brownlie, 14 -5. [29] G.A. Res. 1653 (XVI) of 24 Nov. 1961; G.A. Res. 1514 (XV) of 14 Dec. 1960; G.A. Res. 1803 (XVII) of 14 Dec. 1962; and G.A. Res. 1962 (XVIII) of 13 Dec. 1963. [30] Brownlie, p. 15. [31] Id.; and Shaw, p. 109. [32] See Abdulrahim, Introduction to Public International Law, pp. 14-16. [33] See Henkin & Associates, A Concise History of the Law of Nations, p. 7, rev. edn., New York (1954). [34] See id, pp. 8-9.