The Capacity of International Organizations to Conclude Treaties, and the Special Legal Aspects of the Treaties so Concluded

by Hungdah Chiu

Overview

Mter an international organization is established, if it is necessary for it to acquire certain rights or assume duties or new functions not provided in its constitution, there are four techniques to achieve that 1 end. The first is to amend the constitution of the organization. If the organization has only a limited number of members, then this technique is not too cumbersome. But, the procedure for amending a constitution is usually complicated and requires a substantial period of time. Thus this technique has at least the disadvantage of delay. 2 The second technique is to conclude a treaty among the member States of the organization. The organization is not a party to that treaty, but it can acquire some rights, assume some duties, or new functions under the treaty. 3 The disadvantage of this technique is similar to the first one, i. e. , the conclusion of a multilateral treaty may mean delay since the procedure involved is so complicated and cumber­ some. 1 E. g. , the Constitution of the ILO, Cmd. No. 393 (T. S. No. 4 of 1919), [1919] 13 Foreign ReI. U. S. : Paris Conf. 695 (1947), was amended on October 9, 1946,62 Stat. 3485, T. I. A. S. No. 1868, 15 U. N. T. S.

Product Details

ISBN-13:	9789024703173
Publisher:	Springer Netherlands
Publication date:	01/01/1971
Edition description:	Softcover reprint of the original 1st ed. 1966
Pages:	225
Product dimensions:	6.10(w) x 9.25(h) x 0.02(d)

Table of Contents

I. Historical Survey of the Treaty-Making Practice of International Organizations.- A. Introduction.- B. Treaty-Making Practice in the Inter-War Period.- C. Development after the Second World War.- II. The Basis of the Treaty-Making Capacity of International Organizations.- A. Introduction.- B. Constitutional Provisions.- C. International Personality.- D. The Implied Power Theory.- E. The Basis of Treaty-Making Capacity.- III. The Conclusion of Treaties.- A. Form of Agreements.- B. Constitutional Requirements — Limitation on the Treaty-Making Capacity of International Organizations.- C. Constitutional Requirements — Organs Competent to Conclude Treaties.- D. Procedure of Conclusion.- IV. Certain Kinds of Treaties.- A. Succession Agreements.- B. Relationship Agreements.- C. Institutional Treaties.- D. Trusteeship Agreements.- E. Technical Assistance Agreements.- F. UNICEF, Special Fund, and OPEX Agreements.- G. Loan and Guarantee Agreements.- H. Conclusion.- V. The Legal Character of Agreements Concluded by International Organizations.- A. Introduction.- B. Legal Character in General.- C. Tests to Decide the Legal Character of An Agreement.- Conclusions.