Week 2

• Foundations and Process of the Constitutive Agreement:

  • IOs are based on a multilateral act preceding them, usually in the form of an international agreement
  • They involve secondary subjects of international law
  • Agreements are typically made in the context of an international conference
• The Constitutive Agreement has a contractual dimension, depending on the will of the parties, and a constitutional dimension, serving as the foundational document of the organization creating a new organ and regulating its powers and decision-making procedures
• Interpretation of the Constitutive Agreement is guided by rules enshrined in Arts. 31-33 VCLT, including textual, contextual, and teleological interpretation, as well as implicit powers
• The birth of an organization occurs upon the entry into force of the 'constitutional agreement' in accordance with its provisions
• For putting the organization in motion, it needs:

  • Headquarters
  • Ability to engage in domestic legal relations
  • Recruitment of employees
  • Symbols
  • Ability to engage in external legal relations
• Regulations concerning the continuous nature of the IO, including non-limited time, accession by new states, withdrawal of states, and amendments, are found in the constituent treaty, headquarters agreement between the IO and the host state, and other documents issued by the host’s MFA
• Legal Personality (I): External:

  • Involves the capacity to enter into legal relations with other subjects of IL, enjoy rights, and fulfill obligations
  • Includes the right to conclude international treaties, establish international relations, participate in dispute settlement proceedings, and relations of international responsibility
  • Privileges and immunities are also part of this legal personality
• Legal Personality (II): Internal:

  • Involves the conclusion of agreements with third persons, participation in dispute settlement mechanisms, including employment relations, and handling staff members and external consultants