International Organisations Intergovernmental organisations non governmental organisations Nineteenth

International Organisations Intergovernmental organisations (≠ non governmental organisations). Nineteenth century: international administrative unions. Twentieth century: intergovernmental organisations as political institutions (League of Nations; UN).

International Organisations Definition: Voluntary association between subjects of international law, established under international law in order to serve common purposes, governed by international law and constituting a stable and independent entity with its own legal system and its own organs.

International Organisations Association: a derivative entity, created voluntarily by subjects of international law; this marks a clear difference with States. Crucial role of members in the creation, administration and dissolution of the organisation. Participation of Members in the organs of the organisation charged with decision-making powers.

International Organisations Between subjects of international law: States and other IGOs. Sometimes participation in international organisations is open also to nonsovereign entities. Difference with NGOs. Sovereign equality as a general principle (possible exceptions).

International Organisations Voluntary: subjects of international law are not obliged to participate in international organisations. Participation based on consent. Position of non-members. Difference between founding and acceding members. Participation in international organisations can be subject to limitations: only States or also IGOs; geographical scope or other types of link: regional organisations vs. global (or universal) organisations.

International Organisations Established under international law: an international organisation is always established under an act having the nature of a source of international law, usually a treaty. Application of the ordinary rules on the law of treaties. Relevance of the founding treaty: 1) as a ordinary treaty; 2) as a constitutional source (or a basic instrument) for the legal system of the organisation.

International Organisation To serve common purposes: functionalism as a guiding principle (≠ States). Connection with the founding treaty, stating the competences, functions and powers of the organisation. Central role of the principle of attribution of powers, which has to be coordinated with the implied powers doctrine. Principle of effectiveness. Specialised organisations vs. general organisations.

International Organisations Governed by international law: obviously, the organisation is governed by the founding treaty (source of international law). Application of international custom and international treaties. Associations between States based on private law or NGOs.

International Organisations A stable and independent entity: an entity which is expected to exist for a long period of time (≠ ad hoc bodies). Possible extinction of the organisation. The organisation has its own structure, independent from the political and institutional structure of States and of other organisations.

International Organisations Its own legal system: usually a sub-system of international law. The legal system is based on the founding treaty, and on the acts of the organisation. Different categories of acts: binding vs. nonbinding; acts having effects towards States or only for the organs of the organisation. Relevance of acts of international organisations as a source of international law.

International Organisations Its own organs: permanent organs (≠ temporary bodies. Two categories of organs: 1) organs representing Members; 2) organs not representing Members and consisting of international staff working for the organisation. Structure of the organisation: no compulsory scheme. UN as a model Power to establish subsidiary bodies.