Legal Personality- States and International Organsisations - International organisations as subjects - IL Gleider H. Powers of international organizations

4 important questions on Legal Personality- States and International Organsisations - International organisations as subjects - IL Gleider H. Powers of international organizations

What is the classic position of international organizations and the powers they have?

The classic position is that international organizations only posses such powers as were expressly attributed to them from the constituent instrument whence they derive there authority. Member States establishing an organization for the purpose of fulfilling certain functions, such as promoting regional economic integration, or to facilitate international cooperation in relation to a specific objective appropriate powers te give effect to those functions. These may include the creations of specified organs in order to achieve tasks, or granting of competence oer certain subjects of categories of disputes.

In relation to international personality, international organizations may also posses powers that er not explicitly conferred by their constituent instrument. How?

That powers can be implied as they are considered necessary for the organization to fulfil its functions. (Greco Turkish Agreement pag 141).

What is a Ultra vires decisions of international organizations?

The potential exists for an organization which takes a decision that exceed the scope of its functions for that decision to later be characterized as ultra vires by a judicial institution though the competence to declare such a decision ultra vires remains a sensitieve matter.
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The possibility exist for a national and regional court to invalidate or find a unlawful act of an international organization. What can be a reason?

This may be because the measure does not comply with domestic law, but it may also be based on the failure of a challenged measure to comply with international legal standards.

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