Definition and Establishment

An International Organization (IO) is an entity established by a treaty or other instrument governed by international law and possessing its own international legal personality. They are created by states to pursue common aims and facilitate cooperation on specific issues. IOs have become indispensable actors in the modern international system, dealing with a vast array of subjects from peace and security to health, trade, and telecommunications.

Intergovernmental organizations

The most common and legally significant type of international organization is the Intergovernmental Organization (IGO). These are organizations whose members are sovereign states.

Key Characteristics of IGOs:

• Established by Treaty: IGOs are created by a constituent treaty (also known as a charter or statute) concluded between states. This treaty serves as the IGO's constitution, defining its purposes, principles, structure, powers, and membership.

• Membership of States: The members are states, who are represented by government delegates. This distinguishes IGOs from Non-Governmental Organizations (NGOs) like Amnesty International or the Red Cross, whose members are private individuals or groups.

• Permanent Organs: An IGO has a permanent institutional structure to carry out its functions. This typically includes:

  • A plenary organ where all member states are represented (e.g., the UN General Assembly).
  • An executive organ with limited membership (e.g., the UN Security Council).
  • A secretariat or administrative body headed by a chief administrative officer (e.g., the UN Secretariat led by the Secretary-General).

• Autonomous Will: Although created by states, an IGO possesses a legal will and personality that is separate and distinct from that of its member states. It can make decisions and take actions in its own name.

Legal Personality

International legal personality is the capacity of an entity to possess rights and duties and to bring claims on the international plane. While states are the primary subjects of international law with full legal personality, international organizations are now recognized as having a distinct but more limited legal personality. Their rights and duties are not inherent but are determined by their constituent treaties and the functions they are created to perform.

Implied powers

The legal powers of an international organization are not strictly limited to those explicitly listed in its constituent treaty. The doctrine of implied powers holds that an organization also possesses those powers which, though not expressly provided for, are conferred upon it by necessary implication as being essential to the performance of its duties.

This doctrine allows organizations to evolve and adapt to new challenges without being rigidly constrained by the literal text of their founding treaties. It recognizes that the drafters of a treaty cannot foresee every future need. If a power is necessary for an organization to fulfill its stated purposes, that power can be implied.

Answer:

Reparation for Injuries Suffered in the Service of the UN Case (ICJ Advisory Opinion)

This 1949 advisory opinion of the International Court of Justice is the landmark case that authoritatively established the international legal personality of the United Nations and, by extension, other IGOs.

Facts of the Case

In 1948, Count Folke Bernadotte, a Swedish national serving as a UN mediator in Palestine, was assassinated in Jerusalem. The UN sought to bring an international claim against the responsible state (Israel, which was not yet a UN member) to obtain reparation for the damages caused to the United Nations itself and to the victim's family.

The Legal Question

The UN General Assembly asked the ICJ for an advisory opinion on a crucial question: "In the event of an agent of the United Nations in the performance of his duties suffering injury in circumstances involving the responsibility of a State, has the United Nations, as an Organization, the capacity to bring an international claim against the responsible... government with a view to obtaining the reparation due in respect of the damage caused (a) to the United Nations, (b) to the victim...?"

To answer this, the Court had to first determine if the UN possessed international legal personality.

The ICJ's Ruling and its Significance

The ICJ delivered a revolutionary opinion that had profound implications:

1. The UN has Objective International Legal Personality: The Court found that to achieve the purposes laid out in the Charter (like maintaining peace), the UN must have international legal personality. It stated that the Organization was intended to exercise functions and enjoy rights which can only be explained on the basis of the possession of a large measure of international personality and the capacity to operate upon an international plane.

2. Functional Personality: The Court clarified that this did not mean the UN was a "super-state." Its legal personality is different from that of a state. It is a "functional" personality—the UN has those rights and duties that are necessary for it to perform its functions.

3. Capacity to Bring Claims: Based on this personality, the Court concluded that the UN did have the capacity to bring an international claim to obtain reparation for damage caused to itself (e.g., disruption of its mission) and to its agent (as part of its duty to protect its agents). This capacity was an implied power, necessary for the performance of its functions.

The Reparation for Injuries case was a pivotal moment. It confirmed that states are no longer the only subjects of international law and that international organizations are independent actors on the world stage with their own legal rights and duties.

Global Organizations

Global organizations, also known as universal organizations, are international organizations whose membership is open to all states of the world, provided they meet the criteria set out in the constituent treaty. They deal with issues of global concern and aim to provide a universal framework for cooperation.

United Nations and its Specialized Agencies

The United Nations system is the most prominent example of a network of global organizations.

The United Nations (UN)

The UN is the world's preeminent global organization, established in 1945 with the primary mission of maintaining international peace and security. However, its functions are comprehensive and cover a vast range of global issues.

• Membership: Nearly every sovereign state in the world is a member of the UN (193 member states).

• Core Functions:

  • Peace and Security: Deploying peacekeeping missions, imposing sanctions, and authorizing the use of force through the Security Council.
  • Human Rights: Promoting and protecting human rights through the Human Rights Council and various treaty bodies.
  • International Law: Fostering the development and codification of international law through the International Law Commission and the International Court of Justice.
  • Sustainable Development: Coordinating global efforts to achieve development goals, reduce poverty, and protect the environment through agencies like the UNDP and UNEP.
  • Humanitarian Assistance: Providing aid in response to natural disasters and conflicts through bodies like the World Food Programme (WFP) and UNICEF.

UN Specialized Agencies

These are autonomous international organizations that are linked to the United Nations through special agreements. They have their own memberships, budgets, and governing bodies but work in coordination with the UN through its Economic and Social Council (ECOSOC). They focus on specific functional areas, carrying out the technical and practical work of the UN system.

Regional Organizations

Regional organizations are international organizations whose members are drawn from a specific geographical region. They are formed to promote cooperation and integration among states within that region, addressing issues of common concern that are specific to their geographical area. Chapter VIII of the UN Charter explicitly encourages the role of regional arrangements in maintaining peace and security.

e.g., European Union, ASEAN, African Union

Regional organizations vary greatly in their level of integration and scope of activities.

Functional Organizations

Functional organizations are international organizations created to deal with a specific, often technical, task or function. The principle behind functionalism is that cooperation on non-political, technical issues can build trust and habits of collaboration that may eventually "spill over" into more politically sensitive areas. While many global and regional organizations are also functional, this category often refers to organizations with highly specialized mandates.

e.g., International Telecommunication Union (ITU), Universal Postal Union (UPU)

These are classic examples of functionalism, often predating the United Nations. Their work is essential for the smooth functioning of the modern world.

• International Telecommunication Union (ITU): Established in 1865, it is one of the oldest international organizations in existence. Now a UN specialized agency, its crucial functions include:

  • Allocating global radio spectrum and satellite orbits.
  • Developing the technical standards that ensure networks and technologies seamlessly interconnect.
  • Striving to improve access to information and communication technologies (ICTs) to underserved communities worldwide.

  Without the ITU's work, international phone calls, satellite navigation (GPS), and global broadcasting would not be possible.

• Universal Postal Union (UPU): Established in 1874 and also a UN specialized agency, the UPU coordinates postal policies among member nations, in addition to the worldwide postal system. It sets the rules for international mail exchange and ensures a universal network of up-to-date products and services. Its work guarantees that mail from one country will be delivered in another.

• World Trade Organization (WTO): While it is a global organization, the WTO is a prime example of a functional organization. Its sole focus is on the rules of trade between nations. Its main functions are to ensure that trade flows as smoothly, predictably, and freely as possible by serving as a forum for trade negotiations, administering trade agreements, and settling trade disputes between its members.

Rationale for Privileges and Immunities

International organizations, like states, are granted certain privileges and immunities from the jurisdiction of national legal systems. Privileges are special exemptions from local law (e.g., tax exemption), while immunities are protections from legal process (e.g., immunity from being sued in a national court). The rationale for granting these protections to international organizations, however, is fundamentally different from the rationale for state immunity.

State immunity is based on the principle of sovereign equality (par in parem non habet imperium – an equal has no power over an equal). In contrast, the privileges and immunities of international organizations are based on the principle of functional necessity.

Ensuring independence and effective functioning

The core rationale for granting privileges and immunities to an international organization is to ensure that it can perform its functions effectively and independently, without being unduly hindered or influenced by the laws and authorities of the state in which it is located (the host state) or any other member state. This is known as the functional necessity theory.

If an organization were subject to the full jurisdiction of its host state, several problems could arise:

• Lack of Independence: The host state could use its legal and administrative powers to exert political pressure on the organization, compromising its neutrality and independence. For example, it could threaten to sue the organization or seize its assets if it made a decision the host state disliked.

• Interference with Operations: The organization's daily functions could be severely hampered. For example, if its assets could be frozen by a local court order, its bank accounts taxed, or its official communications censored, it would be unable to operate effectively.

• Inequality among Members: If the host state could control the organization, it would give that state an unfair advantage over all other member states, undermining the principle of equality among members.

Therefore, privileges and immunities are not granted for the personal benefit of the organization or its officials. They are granted strictly to the extent necessary for the organization to fulfill its international mandate independently and without interference. As the 1946 General Convention on the Privileges and Immunities of the United Nations states in its preamble, the purpose is "to secure the full and efficient performance of the functions of the United Nations."

Answer:

Conventions on Privileges and Immunities

The specific privileges and immunities of an international organization are not uniform; they are detailed in international treaties. The primary sources are the organization's own constituent treaty, a general convention on privileges and immunities, and a headquarters agreement with the host state.

In India, the United Nations (Privileges and Immunities) Act, 1947, gives legal effect to the General Convention, making its provisions enforceable in Indian courts.

Key Provisions from the General Convention on the Privileges and Immunities of the United Nations (1946)

This convention serves as the model for most other agreements on privileges and immunities. It grants protections to the UN as an organization, to the representatives of member states, and to UN officials.

Waiver of Immunity

A crucial aspect of this regime is that immunity can be waived. Privileges and immunities are granted in the interest of the organization, not for the personal benefit of individuals. Therefore, the organization (specifically, the Secretary-General in the case of the UN) has the right and the duty to waive the immunity of any official in any case where, in his opinion, the immunity would impede the course of justice and can be waived without prejudice to the interests of the United Nations.