Organization of American States (OAS): Purpose, Principles, and Structure

Posted on Nov 22, 2024 in Law & Jurisprudence

Regional Arrangements: The OAS

The United Nations Charter allows for regional arrangements or agencies, but the Charter’s rules prevail (art. 103). Universal principles supersede regional ones: arrangements must align with UN Purposes and Principles. Regional organizations can be political (e.g., OAS), military (e.g., TIAR), or economic (e.g., MERCOSUR).

OAS: Organization of American States

The OAS is a regional organization of American countries, finalized in 1948 with the signing of the OAS Charter in Bogotá.

Purpose of the OAS

  1. Strengthen peace and security on the continent.
  2. Promote and consolidate representative democracy, with non-intervention.
  3. Prevent disputes and ensure peaceful settlement among Member States.
  4. Organize joint action in case of aggression.
  5. Seek solutions to political, legal, and economic problems.
  6. Promote economic, social, and cultural development through cooperation.
  7. Eradicate poverty, an obstacle to democratic development.
  8. Achieve effective conventional weapons limitations to allocate more resources to development.

Principles of the OAS

  1. International law guides State conduct in their relations.
  2. The international order rests on respect for State sovereignty and treaty obligations.
  3. Good faith governs State relations.
  4. Solidarity and representative democracy are essential for American States.
  5. Each State chooses its political, economic, and social path without external interference and has a duty not to intervene in other States’ affairs. Cooperation is independent of political, economic, and social systems.
  6. Poverty elimination is crucial for democracy and a shared responsibility.
  7. American States condemn wars of aggression; victory does not grant rights.
  8. Aggression against one American State is aggression against all.
  9. International disputes should be resolved peacefully.
  10. Social justice and equality are foundations for lasting peace.
  11. Economic cooperation is essential for the Continent’s welfare.
  12. American States proclaim fundamental individual rights without discrimination.
  13. The Continent’s spiritual unity is based on respect for cultural identity and requires close cooperation.
  14. Education should promote justice, freedom, and peace.


Structure of the OAS

  1. General Assembly: All Member States are represented, each with one vote. It meets annually, or in special sessions convened by the Permanent Council. Decisions require an absolute majority, except for cases needing a 2/3 vote (arts. 54-57).
  2. Meeting of Consultation of Ministers of Foreign Affairs: Addresses urgent issues and serves as an advisory body. Any State can request a meeting through the Permanent Council, which decides by majority vote.
  3. OAS Councils: Three councils depend on the General Assembly, with each State having one vote.
    * Permanent Council of the Organization: Composed of ambassadors appointed by each government. Addresses matters entrusted by the General Assembly or the Meeting of Consultation. Acts provisionally as the Organ of Consultation and ensures peaceful dispute resolution. Decisions require a 2/3 vote unless otherwise specified.
    * Inter-American Council for Integral Development: Promotes friendly relations and understanding through educational, scientific, and cultural exchange. Composed of high-ranking representatives appointed by each government (Article 93).
  4. Inter-American Juridical Committee: Consults on legal matters. Headquartered in Rio de Janeiro. Eleven Member State lawyers serve four-year terms, elected by the General Assembly. Promotes international law codification, studies legislation unification, and calls for specialized conferences.
  5. Inter-American Commission on Human Rights: Promotes and protects human rights and serves as a consultative organ.
  6. General Secretariat: The Secretary General is elected by the General Assembly for five years, with a maximum of two consecutive terms. Participates in all OAS meetings without voting rights. Headquarters are in Washington, D.C., with offices in various countries.
  7. Specialized Conferences: Intergovernmental meetings address technical matters or develop inter-American cooperation. Held at the initiative of the Assembly, the Meeting of Consultation, or the Councils.
  8. Specialized Organizations: The OAS works with several specialized agencies, such as the Inter-American Development Bank (IDB), the Inter-American Juridical Committee (IJC), the Inter-American Commission on Human Rights (IACHR), and the American Children’s Institute.