International Organizations as Subjects of Public International Law
1. Introduction
International Organizations (IOs) were created in the 19th Century. At the time, States collaborated on specific technical matters, leading to the establishment of organizations like the Universal Postal Union and the International Telegraph Union to regulate these areas.
In the 20th Century, States continued to create IOs, expanding their scope to include scientific and other areas. Following World War I, the League of Nations emerged, marking the rise of IOs with a political character. The aim was to foster political cooperation as a means to prevent future wars.
The League of Nations, however, faced a significant challenge: its effectiveness was hampered by the absence of key states as members. This experience highlighted a crucial factor in the success of IOs.
After World War II, in 1945, there was a significant expansion of IOs. The most notable development was the creation of the United Nations (UN), a successor to the League of Nations. Alongside the UN, numerous other IOs emerged, resulting in almost 400 organizations by the late 20th century.
2. Definition of an IO (Concept and Main Characteristics)
The definition of an IO encompasses several key characteristics:
1) Inter-State Nature
IOs are created by and for States. While there might be exceptions, such as the European Union (EU) being a member of the UN, the primary actors in IOs are States.
Exceptions to the exclusive State membership include:
- NGOs (e.g., in UN Human Rights bodies)
- Non-member observers (e.g., Palestine in the UN)
- IOs as members of other IOs (e.g., the EU in the UN)
The UN has 193 Member States, but each organization determines its own membership criteria, often leading to variations in size and composition.
2) Created by an International Treaty
States establish IOs through international treaties, which serve as their constitutional documents. These treaties outline crucial aspects of the IO, including:
- Objectives
- Competences
- Structure
- Means of action
- Powers
3) Permanent Structure
Similar to States, IOs possess a defined structure, often comprising organs such as legislative, executive, judicial, and secretarial bodies. The specific functions and powers of these organs are detailed in the founding treaty.
4) Attributed Competences
Unlike States, which have full and unlimited competences in international law, IOs operate within the bounds of powers granted to them by States. These are referred to as functional or limited competences. IOs can only act within these defined areas or to fulfill their stated objectives (implied powers).
5) Autonomous Will
Despite being created by States, IOs possess a degree of autonomy. Once established, they can act independently, even imposing sanctions on member States if necessary.
Classification of IOs
Membership:
- Universal: Open to all States (e.g., UN)
- Restricted: Limited participation based on factors like geography or religion (e.g., Organization of Islamic Cooperation, African Union)
Aims/Objectives:
- General: Multiple objectives (e.g., UN)
- Specific: Focused on particular areas (e.g., NATO for defense, IMF for economy, WTO for trade)
Another classification based on aims and objectives:
- Cooperation: Coordination of policies (most common type, e.g., UN)
- Integration: Transfer of sovereign powers to the IO (e.g., EU). Integration in defense remains limited, with each State retaining its own defense forces.
In certain situations, decisions made within an IO can impact non-member States.
3. Structure, Working Methods, and Voting Procedures
IOs typically have permanent organs (e.g., Secretariat) and other bodies that meet regularly. The specific structure varies, but most organizations follow a similar pattern.
To function effectively, IOs require a budget. Most rely on annual contributions from member States, with the amount determined by factors like the State’s economy and population.
The EU has a different funding model. Member States are obligated to contribute, and citizens contribute through taxes (GNP, VAT, and other revenues).
3.1. Decision-Making
IOs employ various voting procedures to make decisions:
- Unanimity: All member States must agree (e.g., amending the EU Treaty, Art. 48.4 TEU).
- Majority: A predetermined number of votes are required. In the UN Security Council (15 members), procedural matters require nine votes (Art. 27 UN Charter). Substantive matters require nine votes, including the concurring votes of all five permanent members (China, France, Russia, UK, US). A party to a dispute must abstain from voting.
- Consensus: Members discuss an issue until they reach a solution without any objections. This often leads to broad and general solutions (e.g., environmental agreements).
Consensus differs from unanimity in that it involves active discussion and negotiation to find a solution acceptable to all, while unanimity simply requires everyone to agree without necessarily engaging in extensive deliberation.