Legal Personality- States and International Organsisations - International organisations as subjects - IL Gleider H. Legal personality of international organizations
6 important questions on Legal Personality- States and International Organsisations - International organisations as subjects - IL Gleider H. Legal personality of international organizations
Legal personality in essence represents?
The Court: international organizations could possess rights, powers, privileges and immunities distinct from its members, and is are necessary for them to exercise their functions.
This would be so even if it was not explicitly laid out in its constituent instrument.In this respect, an international organizations basis for legal personality is distinct than that of a state. There a three ways to approach this matter?
- Functionalist approach, involves ascribing implied powers to an organization which are necessary to give effect to an explicit power.
- A second approach is known as the ‘will theory’ approach. It personality may exist if its members intended for it to rights, and duties ascribed to the organization by its members. Will theory is attractive to some, as it accords broadly with a positivist vision of the intention of the creators of the organization.
- Empirical, objective approach could suggest that international law sets out certain objective criteria, such as possessing organs that have separate decision-making powers from its members.
What are the general principles of legal personality in domestic law?
- International legal personality does nog automatically entail domestic legal personality.
- Each legal system is in principle free to develop its own conditions for legal personality.
- As a general rule, it will recognize domestic legal personality in accordance with the particular relationship between it's national law and international law.
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Can States create rights or obligations for third parties without there consent?
What are the consequences of domestic legal personality like privileges and immunities?
Some argue that customary international law might accord certain privileges and immunities tot international organizations. Such privileges and immunities may include?
immunity from measures of execution, such as seizure of property of other assets; the inviolability of premises property and archives;
currency and fiscal privileges; and freedom of communication.
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