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Cheat Sheet: International Organisations
1. Nature and Legal Personality of International Organisations
1.1 Definition and Characteristics
| Element | Description |
|---|---|
| International Organisation | Association of states established by treaty, possessing a permanent institutional structure, with distinct legal personality separate from member states |
| Key Features | Permanent organs; treaty-based creation; international legal personality; capacity to conclude treaties; privileges and immunities |
| Distinction from NGOs | International organisations are inter-governmental; NGOs are private entities without treaty basis or state membership |
1.2 Legal Personality
| Aspect | Details |
|---|---|
| Objective Legal Personality | Capacity to operate at international level; enforceable against all states (Reparation for Injuries Case, ICJ 1949) |
| Functional Theory | International organisations possess powers necessary to fulfill their functions and objectives (Implied Powers Doctrine) |
| Capacity to Bring Claims | Can bring international claims for injuries caused to the organisation or its agents |
| Treaty-Making Power | Capacity to conclude international agreements governed by international law |
| Privileges and Immunities | Functional immunity from jurisdiction and execution; inviolability of premises and archives; fiscal exemptions |
1.3 Reparation for Injuries Advisory Opinion (1949)
- UN mediator Count Bernadotte killed in Palestine; question of UN's capacity to bring claim
- ICJ held: UN possesses objective international personality; can bring claims against states for injuries to itself or its agents
- Establishes that international organisations can be subjects of international law with rights and duties
- Founded doctrine of functional necessity for legal personality
2. United Nations
2.1 Charter and Establishment
| Element | Details |
|---|---|
| Founding Document | UN Charter signed at San Francisco on 26 June 1945; entered into force on 24 October 1945 |
| Original Members | 51 original member states |
| Headquarters | New York City, United States |
| Nature | Constituent treaty; supreme international instrument binding on all members |
2.2 Purposes and Principles (Articles 1-2)
2.2.1 Purposes (Article 1)
- Maintain international peace and security through collective measures
- Develop friendly relations based on respect for equal rights and self-determination
- Achieve international cooperation in solving economic, social, cultural, and humanitarian problems
- Be a center for harmonizing actions of nations in attaining common ends
2.2.2 Principles (Article 2)
- Sovereign equality of all member states
- Good faith fulfillment of Charter obligations
- Peaceful settlement of international disputes
- Prohibition of threat or use of force against territorial integrity or political independence
- Assistance to UN in any enforcement action; no assistance to states against which UN is taking preventive or enforcement action
- UN to ensure non-members act in accordance with principles for maintenance of peace and security
- Non-intervention in domestic jurisdiction except for Chapter VII enforcement measures
2.3 Principal Organs
| Organ | Key Features |
|---|---|
| General Assembly | All 193 members; one state, one vote; decisions on important questions by 2/3 majority; recommendations only (non-binding); meets annually |
| Security Council | 15 members (5 permanent: China, France, Russia, UK, USA; 10 non-permanent elected for 2-year terms); 9 votes needed including all P5 (veto power); binding decisions under Chapter VII |
| Economic and Social Council | 54 members elected by GA for 3-year terms; coordinates economic and social work; liaises with specialized agencies |
| Trusteeship Council | Suspended operations in 1994 after last trust territory (Palau) gained independence |
| International Court of Justice | 15 judges elected for 9-year terms; principal judicial organ; contentious and advisory jurisdiction |
| Secretariat | Administrative organ; Secretary-General appointed by GA on recommendation of SC for 5-year renewable term; chief administrative officer |
2.4 General Assembly
2.4.1 Composition and Voting
- Plenary body with universal membership
- Each member has one vote regardless of size, population, or contribution
- Important questions: 2/3 majority (peace and security, admission/suspension/expulsion of members, budgetary questions, election of non-permanent SC members)
- Other questions: simple majority
- Sessions: regular annual session from September; special sessions; emergency special sessions under Uniting for Peace Resolution
2.4.2 Powers and Functions
- Discuss any matter within scope of Charter; make recommendations to members or Security Council
- Consider principles of cooperation for maintaining peace; make recommendations
- Promote international cooperation in political, economic, social, cultural, educational, and health fields
- Initiate studies for progressive development and codification of international law
- Admit new members on recommendation of Security Council
- Elect non-permanent members of Security Council, ECOSOC members, and Trusteeship Council members
- Jointly with Security Council elect ICJ judges
- Approve budget and apportion expenses among members
2.4.3 Limitations
- Cannot make recommendations on disputes or situations while Security Council is exercising functions (Article 12)
- Resolutions are recommendations only; not legally binding (except on internal matters like budget)
- No enforcement powers
2.4.4 Uniting for Peace Resolution (1950)
- GA Resolution 377(V) adopted during Korean War due to Soviet veto paralysis in Security Council
- Permits GA to consider matter if SC fails to act due to veto when there is threat to peace, breach of peace, or act of aggression
- GA can meet in emergency special session within 24 hours upon call of 9 SC members or majority of UN members
- Can recommend collective measures including use of force
- Used in Suez Crisis (1956), Hungary (1956), Congo (1960), Afghanistan (1980), Palestine (1980-present)
2.5 Security Council
2.5.1 Composition
| Category | Details |
|---|---|
| Permanent Members (P5) | China, France, Russian Federation, United Kingdom, United States |
| Non-Permanent Members | 10 members elected by General Assembly for 2-year terms; 5 from African and Asian states, 1 from Eastern European states, 2 from Latin American states, 2 from Western European and other states |
| Voting | 9 votes required for decisions; procedural matters: any 9 members; substantive matters: 9 members including concurring votes of all P5 (veto power) |
2.5.2 Veto Power
- Each P5 member has power to block any substantive resolution
- Abstention or absence not considered as veto (Namibia Opinion)
- Double veto: veto on whether issue is procedural or substantive, then veto on substantive issue
- Not applicable to procedural matters
- Often causes paralysis; criticized but politically entrenched
2.5.3 Powers and Functions
- Primary responsibility for maintenance of international peace and security
- Determines existence of threat to peace, breach of peace, or act of aggression
- Powers under Chapter VI: Pacific Settlement of Disputes (recommendations)
- Powers under Chapter VII: Action with Respect to Threats to Peace, Breaches of Peace, and Acts of Aggression (binding decisions, enforcement measures)
- Powers under Chapter VIII: Regional Arrangements (authorize regional organizations to take enforcement action)
- Recommend admission of new members to General Assembly
- Jointly with General Assembly elect ICJ judges
- Recommend appointment of Secretary-General to General Assembly
2.5.4 Chapter VI: Pacific Settlement
- Parties must seek solution through negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies, or other peaceful means
- Security Council may investigate any dispute or situation which might lead to international friction
- Can recommend appropriate procedures or methods of adjustment
- Recommendations are not binding; hortatory in nature
2.5.5 Chapter VII: Enforcement Action
| Provision | Content |
|---|---|
| Article 39 | SC determines existence of threat to peace, breach of peace, or act of aggression; makes recommendations or decides on measures |
| Article 40 | Provisional measures to prevent aggravation; does not prejudice rights or claims |
| Article 41 | Measures not involving use of force: economic sanctions, severance of diplomatic relations, interruption of communications, etc. |
| Article 42 | Use of force if Article 41 measures inadequate; action by air, sea, or land forces |
| Articles 43-47 | Member states to make armed forces available through special agreements (never implemented); Military Staff Committee to advise SC |
| Article 48 | Action required to carry out SC decisions taken by all or some UN members |
| Article 51 | Right to individual or collective self-defense if armed attack occurs until SC takes measures |
2.5.6 Sanctions
- Comprehensive sanctions: total economic embargo (Iraq 1990-2003, former Yugoslavia)
- Targeted sanctions: arms embargoes, travel bans, financial asset freezes, commodity sanctions
- Smart sanctions: focus on leaders/elites rather than general population to minimize humanitarian impact
- Binding on all member states under Article 25
- Sanctions committees monitor implementation
2.5.7 Peacekeeping Operations
- Not explicitly mentioned in Charter; evolved as practice under "Chapter VI and a half"
- Traditional peacekeeping: consent of parties, impartiality, non-use of force except in self-defense
- Modern peacekeeping: broader mandates including civilian protection, state-building, rule of law
- Established by Security Council; funded through assessed contributions
- Brahimi Report (2000): reforms for effective peacekeeping
2.6 International Court of Justice
2.6.1 Composition and Structure
- 15 judges elected by concurrent majority in GA and SC for 9-year renewable terms
- No two judges from same state; representation of principal legal systems
- Judges must be independent and impartial; possess qualifications for highest judicial office
- Judges elected every 3 years (5 judges at a time)
- Ad hoc judges: parties can appoint judge if no judge of their nationality on bench
- Chambers: can form smaller chambers for specific cases or categories
2.6.2 Contentious Jurisdiction
| Basis | Description |
|---|---|
| Consent Requirement | Jurisdiction based on consent of parties; only states can be parties |
| Special Agreement | Ad hoc agreement submitting specific dispute to ICJ |
| Compromissory Clause | Treaty provision conferring jurisdiction on ICJ for disputes arising from treaty interpretation or application |
| Optional Clause (Article 36(2)) | Declaration accepting compulsory jurisdiction; 73 states currently; many with reservations |
| Forum Prorogatum | Jurisdiction established by conduct when one party seizes court and other accepts jurisdiction |
2.6.3 Advisory Jurisdiction
- Give opinions on legal questions referred by authorized UN organs and specialized agencies
- GA and SC can request opinions on any legal question
- Other UN organs and specialized agencies can request opinions on legal questions within scope of activities (with GA authorization)
- Advisory opinions are non-binding but carry great legal weight and moral authority
- States cannot be compelled to participate in advisory proceedings
- Important opinions: Reparation for Injuries (1949), Reservations to Genocide Convention (1951), Nuclear Weapons (1996), Wall (2004), Kosovo (2010)
2.6.4 Applicable Law (Article 38)
- International conventions establishing rules expressly recognized by contesting states
- International custom as evidence of general practice accepted as law
- General principles of law recognized by civilized nations
- Judicial decisions and teachings of highly qualified publicists as subsidiary means
- Ex aequo et bono if parties agree
2.6.5 Judgments
- Final and binding on parties; no appeal
- Interpretation and revision possible under specific conditions
- If party fails to comply, other party can have recourse to Security Council
- SC may make recommendations or decide on measures to give effect to judgment (Article 94(2))
2.7 Secretariat
| Aspect | Details |
|---|---|
| Secretary-General | Chief administrative officer; appointed by GA on recommendation of SC for 5-year renewable term; current: António Guterres (2017-present) |
| Functions | Administrative duties for all organs; present annual report to GA; bring matters threatening peace to SC attention (Article 99); good offices and mediation |
| Staff | International civil servants; owe loyalty exclusively to UN; must not seek or receive instructions from governments |
| Independence | Member states must respect international character and refrain from seeking to influence staff |
2.8 Membership
2.8.1 Admission (Article 4)
- Open to peace-loving states accepting Charter obligations
- Admission by GA decision on recommendation of Security Council
- Requires 9 votes in SC including all P5; then 2/3 majority in GA
- Current membership: 193 states
- Most recent: South Sudan (2011)
2.8.2 Suspension and Expulsion
- Suspension: if preventive or enforcement action taken against member by SC, GA may suspend rights and privileges on SC recommendation (Article 5); never used
- Expulsion: for persistent violation of Charter principles; GA decision on SC recommendation (Article 6); never used
2.8.3 Withdrawal
- Charter silent on withdrawal
- Indonesia temporarily withdrew in 1965; returned in 1966
- Implied right to withdraw accepted but no formal procedure
2.9 Specialized Agencies
| Agency | Function |
|---|---|
| ILO (International Labour Organization) | Labour standards, social protection, employment promotion; tripartite structure (governments, employers, workers) |
| FAO (Food and Agriculture Organization) | Food security, agriculture, forestry, fisheries |
| UNESCO (UN Educational, Scientific and Cultural Organization) | Education, science, culture; World Heritage Sites |
| WHO (World Health Organization) | International public health; disease eradication; health emergencies |
| IMF (International Monetary Fund) | Monetary cooperation, financial stability, exchange rate stability |
| World Bank Group | Development financing; poverty reduction; IBRD, IDA, IFC, MIGA, ICSID |
| ICAO (International Civil Aviation Organization) | Civil aviation standards and regulations |
| IMO (International Maritime Organization) | Shipping safety, marine pollution prevention |
| ITU (International Telecommunication Union) | Telecommunication and information technology standards |
| WMO (World Meteorological Organization) | Weather, climate, water resources |
| WIPO (World Intellectual Property Organization) | Intellectual property rights; patent and trademark systems |
3. International Criminal Court
3.1 Rome Statute and Establishment
- Rome Statute adopted on 17 July 1998; entered into force on 1 July 2002
- 123 states parties (as of 2023)
- Headquarters: The Hague, Netherlands
- Permanent international criminal court with jurisdiction over individuals
- Complementary to national jurisdictions (not superior)
3.2 Jurisdiction
3.2.1 Subject-Matter Jurisdiction (Ratione Materiae)
| Crime | Description |
|---|---|
| Genocide (Article 6) | Acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group |
| Crimes Against Humanity (Article 7) | Widespread or systematic attack against civilian population: murder, extermination, enslavement, deportation, torture, rape, persecution, enforced disappearance, apartheid |
| War Crimes (Article 8) | Grave breaches of Geneva Conventions; serious violations of laws and customs applicable in international and non-international armed conflicts |
| Crime of Aggression (Article 8bis) | Planning, preparation, initiation or execution of act of aggression by state leader; activated in 2018; limited jurisdiction |
3.2.2 Temporal Jurisdiction (Ratione Temporis)
- Crimes committed after 1 July 2002 (entry into force)
- For states ratifying later: crimes committed after ratification unless state accepts earlier jurisdiction
3.2.3 Personal Jurisdiction (Ratione Personae)
- Natural persons only; minimum age 18 years
- No immunity for official capacity including heads of state
- Individual criminal responsibility
3.2.4 Territorial and Nationality Jurisdiction
- Crime committed on territory of state party
- Crime committed by national of state party
- State not party can accept jurisdiction for specific crime by declaration
3.3 Complementarity Principle
- ICC jurisdiction complementary to national criminal jurisdictions
- Admissibility requirements: state unwilling or unable genuinely to investigate or prosecute
- Unwillingness: proceedings shield person from responsibility, unjustified delay, lack of independence or impartiality
- Inability: total or substantial collapse of national judicial system
- ICC exercises jurisdiction only when national systems fail
- Primacy lies with states; ICC is court of last resort
3.4 Trigger Mechanisms
| Mechanism | Details |
|---|---|
| State Party Referral (Article 13(a)) | Any state party can refer situation to Prosecutor; no requirement of direct link to crime |
| Security Council Referral (Article 13(b)) | SC can refer situation under Chapter VII; binding; extends jurisdiction to non-party states (Sudan 2005, Libya 2011) |
| Prosecutor Proprio Motu (Article 15) | Prosecutor can initiate investigation on own initiative based on information; requires Pre-Trial Chamber authorization |
3.5 Structure
3.5.1 Organs
- Presidency: 3 judges (President and 2 Vice-Presidents); administrative functions
- Judicial Divisions: Pre-Trial (minimum 6 judges), Trial (minimum 6 judges), Appeals (President and 4 judges)
- Office of the Prosecutor: independent; conducts investigations and prosecutions; current Prosecutor: Karim Khan
- Registry: administrative and non-judicial aspects; victim participation; witness protection
3.5.2 Judges
- 18 judges elected by Assembly of States Parties for 9-year non-renewable terms
- High moral character, impartiality, competence in criminal law or international law
- Fair representation of geographical regions, legal systems, gender balance
3.6 Proceedings
- Investigation phase: Prosecutor investigates; Pre-Trial Chamber supervises
- Arrest warrants or summons issued by Pre-Trial Chamber
- Confirmation of charges hearing before Pre-Trial Chamber
- Trial before Trial Chamber (minimum 3 judges)
- Appeals to Appeals Chamber
- Victims can participate and claim reparations
3.7 Penalties
- Maximum: 30 years imprisonment
- Life imprisonment for extreme gravity
- No death penalty
- Fines and forfeiture of proceeds, property, and assets
- Reparations to victims: restitution, compensation, rehabilitation
3.8 State Cooperation
- States parties must cooperate fully with ICC investigations and prosecutions
- Surrender of persons (not extradition as ICC is international court)
- Providing evidence, documents, facilitating access
- Enforcement of sentences in designated state prisons
- Non-compliance can be referred to Assembly of States Parties or Security Council
3.9 Relationship with UN
- ICC independent from UN but Relationship Agreement exists
- Security Council can refer situations and defer investigations for 12 months (renewable)
- ICC reports to UN on situations referred by SC
- Cooperation in practical matters
3.10 Withdrawals and Controversies
- States can withdraw with 1-year notice; obligations continue for crimes committed while party
- Burundi (2017), Philippines (2019) withdrew
- African Union criticism: alleged bias against African states
- USA, Russia, China not parties
- US opposition: American Service-Members' Protection Act (2002)
4. International Labour Organization
4.1 Establishment and Structure
- Established 1919 by Treaty of Versailles; became UN specialized agency in 1946
- Headquarters: Geneva, Switzerland
- 187 member states (2023)
- Only tripartite UN agency: governments, employers, workers
4.2 Organs
| Organ | Composition |
|---|---|
| International Labour Conference | Supreme body; meets annually; 4 delegates per state (2 government, 1 employer, 1 worker); adopts conventions and recommendations |
| Governing Body | Executive council; 56 members (28 government, 14 employer, 14 worker); 10 permanent government seats (states of chief industrial importance) |
| International Labour Office | Secretariat; Director-General heads office; research, documentation, technical cooperation |
4.3 Functions and Conventions
- Formulate international labour standards through conventions (binding treaties) and recommendations (non-binding guidelines)
- 190 conventions and 206 recommendations adopted since 1919
- 8 fundamental conventions: freedom of association, collective bargaining, forced labour abolition, child labour abolition, employment discrimination elimination
- Supervisory mechanisms: regular reporting, complaints procedures, commissions of inquiry
- Technical assistance and capacity building
- Nobel Peace Prize 1969
5. World Trade Organization
5.1 Establishment
- Established 1 January 1995 by Marrakesh Agreement
- Headquarters: Geneva, Switzerland
- 164 member states (2023)
- Succeeded General Agreement on Tariffs and Trade (GATT 1947)
5.2 Functions
- Administer WTO trade agreements
- Forum for trade negotiations
- Handle trade disputes through Dispute Settlement Body
- Monitor national trade policies through Trade Policy Review Mechanism
- Technical assistance and training for developing countries
- Cooperation with other international organizations
5.3 Principles
| Principle | Description |
|---|---|
| Most Favoured Nation (MFN) | Non-discrimination between trading partners; concession to one member extended to all (subject to exceptions) |
| National Treatment | Foreign goods/services treated no less favourably than domestic goods/services after entry |
| Tariff Binding | Commitments on maximum tariff levels; cannot be raised without compensation |
| Transparency | Publication of trade regulations; notification requirements |
| Reciprocity | Mutual concessions in trade negotiations |
5.4 Main Agreements
- GATT 1994: trade in goods
- GATS: General Agreement on Trade in Services
- TRIPS: Agreement on Trade-Related Aspects of Intellectual Property Rights
- Agreement on Agriculture
- Agreement on Sanitary and Phytosanitary Measures (SPS)
- Agreement on Technical Barriers to Trade (TBT)
- Anti-Dumping Agreement
- Subsidies and Countervailing Measures Agreement
5.5 Dispute Settlement
5.5.1 Dispute Settlement Understanding (DSU)
- Binding compulsory jurisdiction over trade disputes
- Unified system for all WTO agreements
- Consultation phase: 60 days for settlement
- Panel stage: 3 experts; report issued within 6-9 months
- Appellate Body: 7 members (3 hear each appeal); review legal issues only; 60-90 days (currently non-functional since 2019)
- Adoption by negative consensus (automatic unless all members object)
- Implementation: reasonable period; compensation or retaliation if non-compliance
5.6 Decision-Making
- Consensus practice: decisions without formal vote unless member objects
- Ministerial Conference: supreme body; meets every 2 years; all members represented
- General Council: day-to-day operations; meets regularly
- One member, one vote principle (but consensus preferred)
5.7 Special and Differential Treatment
- Provisions favouring developing countries: longer implementation periods, technical assistance, capacity building
- Least Developed Countries (LDCs): additional flexibilities
- Generalized System of Preferences (GSP): developed countries grant preferential access
6. Regional Organisations
6.1 European Union
6.1.1 Establishment
- Evolved from European Coal and Steel Community (1951) and European Economic Community (1957)
- Treaty on European Union (Maastricht Treaty) 1992
- Treaty of Lisbon 2009 (current framework)
- 27 member states after Brexit (2020)
- Supranational organization with legal personality
6.1.2 Institutions
| Institution | Function |
|---|---|
| European Commission | Executive body; proposes legislation; implements decisions; 27 Commissioners (one per state) |
| Council of the European Union | Legislative body; ministers from member states; co-legislates with Parliament; voting by qualified majority or unanimity |
| European Parliament | Directly elected; co-legislates; 705 members; budgetary authority |
| European Council | Heads of state/government; sets political direction; does not legislate |
| Court of Justice of EU (CJEU) | Interprets EU law; ensures uniform application; preliminary rulings; infringement proceedings |
6.1.3 Key Features
- Single market: free movement of goods, services, capital, persons
- Customs union with common external tariff
- Eurozone: 20 states using euro currency
- Direct effect of EU law: individuals can invoke before national courts
- Supremacy of EU law over national law
- Common policies: agriculture, competition, trade, regional development
6.2 African Union
- Established 2002; succeeded Organisation of African Unity (1963)
- Headquarters: Addis Ababa, Ethiopia
- 55 member states (all African states)
- Objectives: unity, peace, security, development, human rights
- Assembly of Heads of State and Government (supreme organ)
- Peace and Security Council: 15 members; conflict prevention and resolution
- Pan-African Parliament: consultative body
- African Court of Justice and Human Rights (not yet operational)
- Right to intervene in grave circumstances (genocide, war crimes, crimes against humanity)
6.3 Association of Southeast Asian Nations (ASEAN)
- Established 1967 by Bangkok Declaration
- 10 member states: Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand, Vietnam
- Headquarters: Jakarta, Indonesia
- ASEAN Charter 2008 granted legal personality
- Objectives: economic growth, peace, stability, cultural development
- ASEAN Summit (supreme policy-making body)
- ASEAN Coordinating Council and Community Councils
- Consensus-based decision-making; non-interference principle
- ASEAN Free Trade Area (AFTA); ASEAN Economic Community
6.4 Organization of American States (OAS)
- Established 1948; Charter entered into force 1951
- 35 member states (all independent American states)
- Headquarters: Washington D.C., USA
- Objectives: peace, security, democracy, human rights, development
- General Assembly (supreme organ; meets annually)
- Permanent Council (governing body between assemblies)
- Inter-American Commission on Human Rights
- Inter-American Court of Human Rights (Costa Rica)
- Democratic Charter: collective defense of democracy
6.5 Arab League
- Established 1945
- 22 member states (Arab states in Middle East and North Africa)
- Headquarters: Cairo, Egypt
- Council: one vote per state; binding decisions require unanimity; majority decisions bind accepting states only
- Objectives: coordination, cooperation, protection of independence and sovereignty
- Collective security provisions
- Economic and Social Council; specialized agencies
6.6 South Asian Association for Regional Cooperation (SAARC)
- Established 1985
- 8 member states: Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan, Sri Lanka
- Headquarters: Kathmandu, Nepal
- Objectives: economic and social development, cultural cooperation
- Summit meetings of heads of state/government
- Council of Ministers
- Decisions by unanimity
- SAARC Preferential Trading Arrangement (SAPTA); South Asian Free Trade Area (SAFTA)
6.7 Commonwealth of Nations
- 56 member states (mostly former British colonies)
- Headquarters: London, UK
- Voluntary association; no formal constitution
- Commonwealth Heads of Government Meeting (CHOGM) every 2 years
- Commonwealth Secretariat coordinates activities
- Shared language (English), democratic values, development cooperation
- Commonwealth Ministerial Action Group (CMAG): monitors democracy and human rights
7. Specialized Topics
7.1 Succession of International Organisations
- Occurs when functions of one organisation transferred to another
- League of Nations succeeded by United Nations (1946)
- GATT succeeded by WTO (1995)
- Assets, archives, and certain functions transferred
- Vienna Convention on Succession of States not applicable
- Governed by specific agreements between organisations
7.2 Dissolution of International Organisations
- Provided in constituent instrument or by agreement of members
- League of Nations dissolved April 1946
- Warsaw Pact dissolved 1991
- Legal consequences: termination of treaties, disposal of assets, settlement of liabilities
7.3 Ultra Vires Acts
- Acts beyond powers conferred by constituent instrument
- Certain Expenses Opinion (ICJ 1962): peacekeeping expenses within UN purposes though not explicitly provided
- Implied powers doctrine allows acts necessary for functions
- Member states can challenge ultra vires acts
- Courts review legality; political organs have margin of appreciation
7.4 Accountability and Responsibility
- International organisations responsible for internationally wrongful acts attributable to them
- Draft Articles on Responsibility of International Organizations (ILC 2011)
- Conduct of organs and agents attributable to organisation
- Breach of international obligation gives rise to responsibility
- Limited judicial review; administrative tribunals for staff disputes
- Immunity from jurisdiction can restrict accountability
7.5 Relationship with Non-State Actors
- NGOs: consultative status with ECOSOC (Article 71); observer status in various bodies
- Multinational corporations: impact assessment, corporate social responsibility initiatives
- Civil society participation: enhanced transparency and legitimacy
- Partnerships for development and humanitarian assistance
7.6 Reform and Challenges
- UN Security Council reform: expansion of permanent and non-permanent members; veto power debate
- Funding challenges: assessed contributions arrears; peacekeeping budgets
- Effectiveness concerns: bureaucracy, political divisions, enforcement gaps
- Legitimacy issues: representativeness, transparency, accountability
- Coordination problems: proliferation of organisations, mandate overlaps
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