Define international organization by mentioning its special features. Explain legal personality of international Organizations.

Question 04: Define international organization by mentioning its special features. Explain legal personality of international Organizations.

Introduction:

An International organization is organizing the growing complexity of international relation. International organization is created though its own independent legal instrument and is normally mandated to address a universal or specific issue.

Definition of international organization:

A forum of co-operation of sovereign stats based upon on international agreement and comprising with at least THREE stable participants having the existence of permanent organ with definite power and functions for achieving the common aims. The common aims are:

Ø  Maintain peace and security, equality.

Ø  Solving problem of any character.

Ø  Develop friendly relation.

My point of view: An international organization is a body which is established by a formal political agreement that promotes voluntary co-operation and co-ordination between or among its members.

Nature or special feature of international organization:

No state is sufficient to deal with its own matter because of economic, culture and disaster matter. International organization helps the state to study all the existing and future problems and to solve them. Following are the special feature of international organization.

1. Forum: An international organization united several sovereign states to from a sort of single body having its own rules, purpose and manner of its functioning. The membership of international organization is voluntary in nature.

2. Sovereign States: All independent sovereign states shall be parties to the international organization. International organization admits the existence of independent states although they exist as different nationals entities.

3. Multilateral Agreement: The formation of international organization shall base on international multilateral agreements. Multilateral agreement is known as Charter, Article of Association (AOA) etc.

4. Participation of Sovereign states: All independent sovereign states shall be parties to the international organization. For established a permanent organization there must be association of at least THREE stable participants.

5. Co-operation and co-ordination: The Member states to the organization shall co-operation and co-ordination there activities between or among its members and plan to achieve there common aim.

6. Existence of permanent organs: All international organization shall be constituted with the principle organs. They might have additional, subsidiary or auxiliary organs for there respective functionaries. An international organization must have THREE following organs i.e. 

A.     The plenary Body
B.     The Executive Body.
C.     The Secretariat.

A. The plenary Body:  This organ is known as the policy making body of the organization and commonly called Assembly, General Assembly, and General Conference and represented by all the members of the organization. They meet once a year or once in two years. This organ is generally supervising the overall activities of the organization e.g. control its budget, adopt conventions etc.

B. The Executive Body: This is a small body consisting with the limited members of the organization and elected by the plenary body for a specific period of time. This organ has to prepare and pursue the policy of the plenary body and must execute its decisions. It meets more frequently or even permanently, such as the Security Council of the UN.

C. The Secretariat: All the organization must have permanent administrative bodies, which are known as Secretariat. This organ is entrusted to co-ordinate the organization by its officials. It is headed by a Secretary General (UN), Director-General (WHO) or President (IMF). He or she is the highest ranking civil servant of the Organization and must take an oath.

7. Common aims or objectives: All international organization is generally set up for achieving some specific object or purpose. This is intrinsic nature of all the international organization. The common aims are:

Ø  Maintain peace and security, equality.

Ø  Solving problem of any character.

Ø  Develop friendly relation.

v  Legal personality of an International Organization:

Legal personality is a definite legal conception.  Legal personality of international organization is recognized both nationally and internationally. Legal personality of international organization is means that, the organization is capable of having legal rights and duties such as enter into contract with other states and to create legally binding rules for themselves. Though legal personality an international organization is able to sign international treaties in its own name and can instituting legal proceeding. Legal personality of an international organization is adjudging by the provision of the constitution of the respective organization.

Eventually it is admitted that international organization process limited legal personality. For processing such legal personality international organization shall have to meet some essential requirements-

The concerned organization though its instrument admits it as legal persons and expressly provides provision for:

1. To make contract.

2. To acquire and disposed of immovable property.

3. To institute legal proceeding.

In a landmark Reparation case of 1949 the ICJ found that, International organization (UN) could indeed have international legal personality and thus have rights and obligations under international law. The ICJ claimed that international legal personality of the UN was derived from the UN Charter and capable to bring claim against members and non members for direct injuries to the UN.

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