IOs

Question 1

distinction from NGOs

Answer 1

members are states, sometimes other IOs while NGOs are founded under domestic law and their members are natural or legal persons

Question 2

headquarters agreement

Answer 2

bilateral agreement with a host state which enables the IO a seat where they can act

Question 3

supranational organizations

Answer 3

particularly far-reaching powers
- direct applicability, precedence over national law, binding decisions, court with compulsory jurisdiction
- they have a genuine parliament and financed independently
- e.g. EU

Question 4

international legal personality of IOs

Answer 4

• limited
• no original personality
• derived from members and only as far as they want to extend it

Question 5

implied powers doctrine

Answer 5

IOs have powers necessary to perform their functions effectively
e.g. UN peacekeeping operations - essential aim although not explicitly provided in the treaties

Question 6

legal personality under domestic law

Answer 6

generally yes (to conclude private law contracts, acquire property and bring claims in courts)

Question 7

immunity of IOs

Answer 7

absolute immunity before domestic courts - functional legal personality

Question 8

staff

Answer 8

• not state representatives
• may not take instructions from home state
• staff rules: employment relationships are not subject to law of the host state (separate administrative tribunals have been created - ILOAT)
• immunity: applies only to official acts

Question 9

delegates

Answer 9

represent states in IOs

Question 10

requirements for admission to the UN

Answer 10

• peace-loving
• nation
• accept the obligations of the Charter

Question 11

admission to the EU

Answer 11

• negotiations
• Commission’s recommendation
• unanimous decision by the Council and majority approval of the Parliament
• all members must conclude a treaty to be approved by MS parliaments

Question 12

association status

Answer 12

meant to prepare for membership, the state is involved but has no right to vote

Question 13

observer status

Answer 13

granted to states and IOs, fewer rights

Question 14

withdrawal

Answer 14

terminates the membership, sometimes mentioned, sometimes not (UN Charter doesn’t mention it!)

Question 15

expulsion UN

Answer 15

permitted but never used, the state would be released from its obligations and harder to influence

Question 16

permanent mission

Answer 16

states often have a permanent mission to IOs to let them participate in their work, sometimes to several organizations if the host state hosts more than one IO

Question 17

types of organs in IOs

Answer 17

• representative: adopt decisions
• administrative: implement decisions

Question 18

General Assembly

Answer 18

plenary organ, meets every year in NYC + Emergency Special Sessions

Question 19

Security council

Answer 19

5 permanent members + 10 members for 2 years
- maintains international peace and security
- rapid action

Question 20

Economic and social council

Answer 20

• cooperation between states in economic and social matters

Question 21

Secretariats

Answer 21

• headed by Secretary General
• day-to-day administrative tasks
• sometimes participation rights

Question 22

weighted votes

Answer 22

• consider the factual inequality of states in economy, size and population
• e.g. World Bank, the vote is based on the state’s share of the organization’s capital

Question 23

power of the purse

Answer 23

payment of membership fees is a legal obligation and refusing founding by a big member can be a means of pressure

Question 24

Security Council decisions

Answer 24

• binding
• for maintaining the peace and security
• all states must implement them

Question 25

Resolutions of the General Assembly

Answer 25

- non-binding - but have certain legal effects: 1. must be considered by states in good faith 2. help to form customary law 3. starting point for treaties 4. support of the argumentation before international courts