INTERNATIONAL ORGANIZATIONS AS SUBJECTS OF INTERNATIONAL LAW

International organizations (IOs) have become essential actors in international law, shaping the global legal order. As subjects of international law, they possess legal personality, which enables them to enter into legal relations and exercise rights and obligations independent of the states that compose them.

1. Definition of International Organizations

An international organization is a permanent association of sovereign states, established by treaty or other legal instruments, with a legal personality distinct from its member states. The primary purpose of IOs is to address issues that transcend national borders, such as international peace and security, economic cooperation, human rights, and environmental protection.

Examples of international organizations include the United Nations (UN), World Health Organization (WHO), International Monetary Fund (IMF), and the European Union (EU).

2. Legal Personality of International Organizations

International organizations derive their legal personality from the treaties or agreements that establish them. Legal personality implies that an organization can:

Enter into treaties and international agreements;
Sue or be sued in international and domestic courts;
Own property;
Enjoy privileges and immunities (both functional and institutional);
Participate in diplomatic relations.

a. Internal vs. External Legal Personality

Internal Legal Personality refers to the organization's legal status under the domestic laws of its member states. This may vary depending on how domestic law treats international organizations. However, most member states recognize the immunity and privileges of IOs, preventing them from being sued without consent.
External Legal Personality refers to the organization's legal status on the international plane. This allows the organization to operate as a subject of international law, distinct from its member states.

3. Sources of Legal Personality

The legal personality of international organizations originates from:

Founding Treaty/Charter: The primary legal instrument establishing the organization, such as the UN Charter or the Treaty of Rome (EU), outlines the scope and capacity of the organization's legal personality.
International Customary Law: Over time, certain IOs have developed capacities recognized by states, even in the absence of explicit treaty provisions.
General Principles of International Law: These principles apply to the legal personality of IOs, especially in matters of sovereignty, immunity, and treaty-making capacity.

4. Privileges and Immunities

International organizations and their staff often enjoy privileges and immunities necessary to carry out their functions independently. These privileges include:

Immunity from Jurisdiction: IOs are typically immune from the jurisdiction of domestic courts in matters related to their official functions.
Inviolability of Premises: Offices and premises of international organizations are often inviolable, meaning they cannot be searched or seized without consent.
Exemption from Taxation: IOs are generally exempt from taxes and customs duties in member states.

These privileges and immunities are usually codified in treaties such as the Convention on the Privileges and Immunities of the United Nations (1946) and other agreements specific to individual organizations.

5. Treaty-Making Capacity

International organizations can conclude treaties with both states and other IOs. This capacity is derived from the doctrine of implied powers, which states that organizations have the ability to perform any action necessary to fulfill their functions, even if not expressly provided in their founding treaty.

However, the scope of an IO’s treaty-making power depends on the functions and powers conferred upon it by its founding treaty. For instance:

UN: The UN can enter into agreements with member states and other international organizations in pursuit of its objectives (peace, security, development, etc.).
EU: The European Union, given its expansive role, enters into treaties not only with other states but also in the realm of trade, security, and international cooperation.

6. Responsibility and Accountability of International Organizations

Like states, international organizations may bear responsibility under international law for wrongful acts committed in breach of international obligations. The Articles on the Responsibility of International Organizations (ARIO), adopted by the International Law Commission in 2011, outline the principles governing the responsibility of IOs. Key elements include:

Attribution of Conduct: Acts or omissions by organs or agents of an international organization may be attributable to the organization itself.
Breach of International Obligation: IOs are responsible for breaches of their international obligations, such as violating human rights or international humanitarian law.
Reparations: IOs are required to make reparations for internationally wrongful acts, including restitution, compensation, and satisfaction.

7. Participation in International Dispute Resolution

International organizations have limited access to dispute resolution mechanisms in international law. They may participate in legal proceedings before international tribunals, such as:

International Court of Justice (ICJ): While IOs cannot be parties to contentious cases (these are reserved for states), they can request advisory opinions from the ICJ, as seen in the Advisory Opinion on the Legality of the Use of Nuclear Weapons (requested by the WHO).
International Centre for Settlement of Investment Disputes (ICSID): Some IOs are party to investment treaties and may participate in arbitration proceedings related to investment disputes.

8. Role of International Organizations in the Development of International Law

International organizations play a crucial role in the development and codification of international law by:

Creating Soft Law: IOs often produce soft law instruments, such as resolutions, guidelines, and declarations. While not legally binding, these documents influence state behavior and the development of customary international law.

Example: The Universal Declaration of Human Rights (UDHR) by the UN General Assembly has shaped international human rights law, despite being non-binding.
Promoting Treaties: IOs serve as platforms for treaty negotiations, such as the UN Convention on the Law of the Sea (UNCLOS), negotiated under the UN's auspices.
Supervising Compliance: Many IOs have mechanisms to monitor state compliance with international obligations. For instance, the UN's Human Rights Council supervises compliance with human rights treaties.
Establishing International Tribunals: IOs have contributed to the establishment of international courts and tribunals, such as the International Criminal Court (ICC), the result of efforts by the UN and other IOs.

9. Types of International Organizations

a. Intergovernmental Organizations (IGOs)

These are composed primarily of sovereign states. Membership is usually limited to states, and decisions are made by state representatives.
Examples: United Nations, ASEAN, NATO.

b. Supranational Organizations

These organizations, such as the European Union, go beyond intergovernmental cooperation by allowing for the delegation of decision-making authority to a higher body, which can make binding decisions on member states.

c. Non-Governmental Organizations (NGOs)

While not subjects of international law in the strict sense, NGOs such as the International Committee of the Red Cross (ICRC) have gained significant influence in international legal processes, especially in humanitarian and human rights law.

10. Conclusion

International organizations are essential subjects of international law, distinct from states but capable of influencing the international legal order. Their legal personality, rights, and responsibilities empower them to promote cooperation, resolve disputes, and contribute to the codification and development of international law. As these organizations continue to evolve, their role in global governance and international law will likely expand, further shaping the dynamics of international relations.