INTERNATIONAL ORGANIZATION: CONCEPTS, RIGHTS AND DUTIES UNDER INTERNATIONAL LAW

This article is written by Manashvi Rawat of 5^th Semester of BBALLB (H) of  Shri Ramswaroop Memorial University, Barabanki, an intern under Legal Vidhiya

Abstract

International organizations are formed through legal processes and employ law as a means of governance. As such, they are expected to abide by the principles of the rule of law. International law is integral to the establishment, functioning, and regulation of these organizations. International organizations are recognized as subjects of international law, with specific rights and obligations. However, their international legal personality is limited, and their rights and obligations are determined by the treaties under which they were created. International organizations play a vital role in mediation, conflict resolution, peacekeeping, imposing sanctions, global governance, and addressing critical international issues such as global health policy, monetary policies worldwide, climate change, resource depletion, and management of “global commons.” The most significant characteristic of international organizations is their neutrality, impartiality, and independence. They provide a forum for non-politicized and unbiased discussions and strive to balance the relationships between stronger and weaker nations. International organizations are essential in promoting international cooperation and facilitating negotiations, implementing agreements and treaties, resolving disputes, providing technical and financial assistance, developing rules, and contributing to the peaceful settlement of disputes.

Keywords- international organization, International law, legal system, Duties of international law, International responsibilities, dual legal nature

Introduction

International organizations are established through legal means and utilize law as a method of governance. As such, they should adhere to the principles of the rule of law. International law plays a crucial role in the formation, operation, and regulation of these organizations. An international organization’s legal systems are characterized by their dual legal nature, which refers to the creation of specific legal systems that originate from international law. This duality affects the laws they produce, which are both international and internal. The implications of this dual legal nature can be observed by examining international responsibility, treaty law, and the validity of an organization’s actions. International law, also known as public international law or the law of nations, comprises the rules, norms, and standards that are generally accepted as binding between states. It provides normative guidelines and a shared conceptual framework for states in a wide range of areas, including war and diplomacy, economic relations, and human rights. It differs from domestic legal systems based on individual states in that it primarily applies to states rather than individuals and operates largely through consent, due to the lack of an international body that can impose it on sovereign states. States may choose not to comply with international law or even to violate a treaty, but such breaches, particularly of peremptory norms, can result in disapproval from other states and, in some cases, coercive measures ranging from diplomatic and economic sanctions to war.  

International Law

International law is a framework of treaties between nations that facilitates cooperation and governs relations between them. It is a set of principles established by nations through treaties and customary practices that regulate the interactions of one nation with others. Public international law and private international law are the two divisions of international law. These branches govern the conduct of nations in their relations with each Public International Law: It is a branch of International Law that governs the relationships between nations. It encompasses the laws, rules, and principles that concern the conduct of nations in their interactions with each other. This includes how nations behave towards one another and how they interact with international organizations, defining their roles and responsibilities. Public International Law is created through the cooperation of governing bodies such as the United Nations, with the aid of international treaties. It encompasses various areas of law, including humanitarian law, environmental law, and human rights law, which regulate issues in these specific domains.

• Private International Law: It is a branch of International Law that deals with conflicts between private entities, such as large corporations operating in multiple countries. It governs disputes arising from differences in the domestic laws of nations related to private transactions. National laws are the primary source of Private International Law, and there is no clear boundary between the two.

Theme of International Law

A subject of international law is defined as an entity that is endowed with the capacity to engage in legal action on a global scale and is capable of having both international rights and obligations.  In the past, states were considered the only subjects of international law and the only legal persons with all rights and obligations recognized by international law. However, with developments in international law, particularly the establishment of the United Nations, other non-state actors such as international organizations have emerged, and it has become evident that international law applies to more than just states.

 International Organization

An intergovernmental organization is considered to be an international organization under the Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations of 1986.

This definition excludes non-governmental organizations. According to another definition, an international organization is “an association of States established by and based on a treaty, which pursues common objectives and has its own distinct organs to fulfill specific functions within the organization.”

Categories of International Organization

• Universal Organizations: These organizations are also known as intergovernmental organizations. Membership in such an organization is not limited to any particular region, but is open to all states that meet its membership requirements. An example of such an organization is the United Nations.
• Regional Organizations: These organizations are created by states that share a common geographic or policy interest. Membership is limited to a specific group of states, such as those in a particular region, like the African Union (AU), or those with a common policy interest, like the North Atlantic Treaty Organization (NATO).
• Supranational Organizations: These are hybrid organizations composed of states, structured in a manner similar to federal states. They make decisions that are directly binding on member states and their citizens, and their laws have supremacy over and override conflicting national laws of member states.

Role of International Organization

There are various important roles that international organization perform such as:

1. One of the primary reasons states establish or participate in independent international organizations is to delegate authority in matters that require specialized knowledge, expertise, information, time, and resources that may not always be readily available. International organizations carry out actions that are considered legitimate and can influence the legitimacy of state activities.
2. International organizations provide a platform for impartial and depoliticized discussions, which can be more effective than other arrangements. They define the terms of ongoing interactions between states and strive to balance the relationships between stronger and weaker nations, as well as between interests and knowledge. As independent and neutral actors on the global stage, international organizations can increase the efficiency and legitimacy of their individual or collective decisions. Thus, international organizations play a crucial role in facilitating international cooperation.
3. The primary objective of international organizations is to facilitate negotiations, implement agreements and treaties, resolve disputes, and provide technical and monetary assistance, as well as develop rules. Specific international organizations address particular problems or issues faced by the global community.
4. One of the key ways in which international organizations can support and uphold International Law is through the peaceful resolution of disputes. Without such a mechanism, the global community, which is always in a state of anarchy, could descend into a Hobbesian “state of nature” characterized by a war of all against all, where life is “nasty and brutish.” All such organizations adhere to the UN Charter, which requires member states to settle their international disputes peacefully so as not to endanger international peace, security, and justice. The UN Charter provides for the peaceful settlement of disputes through the Security Council and the establishment of the International Court of Justice. Additionally, there is a Permanent Court of Arbitration under the Hague Conventions of 1899 and 1907.
5. International organizations carry out a variety of specialized legislative and supervisory functions, including developing frameworks for cooperation, treaties, and rules. However, they do not act as a world parliament. For example, resolutions passed by the United Nations Security Council (UNSC) are binding on member states. Similarly, organizations such as the International Civil Aviation Organization (ICAO), World Health Organization (WHO), and International Labor Organization (ILO) perform specialized legislative and regulatory functions.

Features of International Organization

1. Sovereignty: A State is an autonomous entity, whereas an international organization is comprised of autonomous States.
2. Territory:  In terms of legal jurisdiction, States possess a defined territory over which they exercise control. On the other hand, international organizations do not have a territory of their own, but they can still exert influence over a region. For instance, the United Nations Interim Administration Mission in Kosovo (UNMIK) is an example of an international organization that has been able to administer a territory.
3. Competence: A State possesses inherent capabilities and can establish political, economic, social, and technical connections to achieve its objectives. In contrast, an international organization has a specific set of competencies that are limited to the goals outlined in its charter.
4. Immunity: States possess immunity by virtue of their status as sovereign entities, and their immunity is provided for under customary international law. In contrast, the immunity of international organizations is based on agreements and is limited to the necessities of their functions.
5. Equality: Under international law, all States are considered equal, regardless of their size or power. However, this principle of equality does not apply to international organizations.

Concept of Legal Personality

The concept of legal personality exists in both domestic and international law. Generally, it refers to the way in which a particular body of law grants rights and obligations to an entity that is separate and independent from those who created it or are part of it. The scope of these rights and obligations varies among legal entities, meaning that not all legal persons are equal and do not necessarily have the same rights and obligations. Some entities are considered legal persons for the purpose of a single right or obligation, while others have a vast array of rights and obligations attributed to them.

In international law, an entity that exercises international rights, obligations, and powers distinct from its members on the international plane is said to possess international legal personality. Such entities are referred to as subjects of international law. Like in domestic law, the nature and scope of the rights of subjects of international law are not always the same. The main object of international law is a State, which is endowed with all legal obligations and rights. Prior to the advisory opinion of the International Court of Justice (ICJ) in the Reparations case, there was much debate about whether international organizations were subjects of international law with international legal personality. In 1948, the question arose as to whether the United Nations (UN) was a subject of international law with the ability to bring an international claim for reparation of injuries suffered. The General Assembly, by Resolution 258 (III), referred this question to the ICJ for an advisory opinion on the status and capacity of the UN under international law and To answer this question, the ICJ first had to determine whether the UN possessed international legal personality. After considering the characteristics of the UN under its Charter, the ICJ concluded that although the Charter did not explicitly confer international legal personality upon the UN, the organization was intended to exercise and enjoy, and was in fact exercising and enjoying, functions and rights that could only be explained by having a strong sense of international identity and the ability to perform on a global scale. Its members, by entrusting certain functions to it, along with the corresponding duties and obligations, had endowed it with the competence required to enable those functions to be effectively discharged.

The ICJ therefore concluded that the UN is an international person – a “subject of international law capable of possessing international rights and obligations, and has the capacity to maintain its rights by bringing international claims.” According to the ICJ’s ruling, the UN and consequently all other international organizations have international legal personality.

Rights and duties of international organizations

There is considerable debate about whether international organizations, by virtue of possessing international legal personality, have inherent rights, obligations, and capacities. Some scholars argue that international organizations, like States, have the inherent ability to perform any act of international law that is within their reasonable capacity to perform. Others contend that the rights and obligations of international organizations are determined by their constitutions and must be related to their functions.

Rights and obligations include:

The rights and obligations of international organizations include the following:

• The right to enter into treaties.
• The right to immunity from State jurisdiction for acts and activities performed by the organization.
• The right to protection for the organization’s agents acting in their official capacity in the territory of a third State.
• The right to send and receive diplomatic missions.
• The right to bring international claims to obtain reparation for damages caused by member States or third States to the organization or its officials.
• The duty to provide compensation for damages caused by the organization or its employees. The original explanation remains unchanged, but the wording has been altered to convey the same meaning using more sophisticated language.

Conclusion

International organizations have indeed played a pivotal role in shaping the world we live in today. Over the past 30 years, the rapid growth of these organizations has created an environment in which international law can exert a positive influence. For instance, the United Nations has had a significant impact on the domestic legislation of countries concerning human rights, environmental protection, and sustainable development. Similarly, organizations such as the International Monetary Fund and the World Trade Organization have shifted the perspective of States from protectionism to a more liberal and free trade system. However, there is a need for greater representation of developing countries in these organizations, as the emergence of some regional organizations can be attributed to the lack of voice for developing countries in many multilateral organizations.

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