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Law of International Organisations

-Issues of dissolution, succession and membership –

29.03.2011

Palacky University OlomoucFaculty of Law

Dissolution

• IO = „permanent“ cooperation form / created for a longer period of time

• Explicit provisions in the constituing treaty of the IO on dissolution– Certain period of time

• ECSC Treaty, Art. 97: 50 years

– Minimum number of member states• ESA Convention, Art. 25: „The Agency shall by

dissolved if the number of Member States becomes less than five.“

– Competence of decision-making organ• IMF, Art. 27 Sec. 2 a): „The Fund may not be liquidated

except by decision of the Board of Governors.“

Dissolution

• If no explicit provisions on dissolution– Use of general rules on international law of treaties: Vienna

Convention on the Law of Treaties (1969), Art. 54 - 64

– Art. 54 b) VCLT (1969):“The termination of a treaty or the withdrawal of a party may take place:

(a) in conformity with the provisions of the treaty; or

(b) at any time by consent of all the parties after consultation with the other contracting States.

• Bankruptcy of IO ≠ dissolution (Tin Council Case)– Decisive aspect - the will of the member states!

• Dissolution often followed by establishment of a new IO

Dissolution

• Warsaw Pact 1991

• COMECON 1991

• WEU

• League of Nations (1945)

WEU dissolutionStatement of the Presidency of the Permanent Council of the WEU on behalf of the High Contracting Parties to the Modified Brussels Treaty – Belgium, France, Germany, Greece, Italy, Luxembourg, The Netherlands, Portugal, Spain and the United Kingdom (31. March 2010)

…

The WEU has therefore accomplished its historical role. In this light we the States Parties to the Modified Brussels Treaty have collectively decided to terminate the Treaty, thereby effectively closing the organization, and in line with its article XII will notify the Treaty’s depositary in accordance with national procedures.

...

The States Parties task the WEU Permanent Council with organising the cessation of WEU activities in accordance with timelines prescribed in the Modified Brussels Treaty preferably by the end of June 2011

Succession

• Very rare situation

• IL – no treaty or customary rules – Use of general principles of international

law– Legal acts and rights of IO expire in the

moment of dissolution (if no successor)

• If rules, mostly treaty based– Art. 15 OECD Convention

OEEC OECD

Article 15

When this Convention comes into force the reconstitution of

the Organisation for European Economic Co-operation shall

take effect, and its aims, organs, powers and name shall

thereupon be as provided herein. The legal personality

possessed by the Organisation for European Economic Co-

operation shall continue in the Organisation, but decisions,

recommendations and resolutions of the Organisation for

European Economic Co-operation shall require approval of the

Council to be effective after the coming into force of this

Convention.

League of Nations UN

• The UN only as a political successor of the LoN?

• No general succession, special agreement between LoN – UN on transfer of functions, assets and liabilities, and staff

Membership - Forms of membership -

• Full– Usual form

• Associate membership– „preparation“ for full membership

– Membership with limited rights

– E.g. right to speak / no right to vote

• Observer status – Goal: cooperation with third parties which are not / can not

be a member of the IO

• Third parties? - e.g. States which are not member of the IO;

entities which are not States

• PLO, the Holy See,...

Membership - admission -

• How to become a member of IO?Article 2 of the Statute of the Council of Europe

The members of the Council of Europe are the Parties to this Statute.

• Founding instrument usually contains an accession clause– Usually a set of (procedural and material)

conditions for membership– Only exceptionally fully „closed“ IOs, e.g.

BENELUX – Economic Union (1958)– Open IOs – universal (UN)– Partly open – membership limited e.g.

geographically (EU, AU, League of Arab States)

Membership - admission -

• Founding member vs. acceding member– Usually same rights, except the founding treaty provides

something else

• United Nations membership– Procedural requirements

• Request from the applying State with enclosed declaration

• Art. 4(2) UN-Charter: – Decision of the GA (2/3 majority, Art. 18(2))– Recommendation of the SC (Art. 27(2))

Membership - material requirements -

• Material requirements– Only STATES

• sovereign and independentArt. 4(1) UN-Charter:

Membership in the United Nations is open to all other peace-

loving states which accept the obligations contained in the present Charter and, in the judgment of the Organization, are

able and willing to carry out these obligations. But:– Art. 59(2) ECHR

„The European Union may accede to this Convention.“

Membership - material requirements -

• Capacity to fulfill the obligations = material requirement of membership?– League of Nations / Lichtenstein (1920)

• Other material requirements?Article 3 of the Statute of the Council of Europe Every member of the Council of Europe must accept the principles of the rule of law and of the enjoyment by all persons within its jurisdiction of human rights and fundamental freedoms, and collaborate sincerely and effectively in the realisation of the aim of the Council as specified in Chapter I.Article 4 Any European State which is deemed to be able and willing to fulfil the provisions of Article 3 may be invited to become a member of the Council of Europe by the Committee of Ministers. Any State so invited shall become a member on the deposit on its behalf with the Secretary General of an instrument of accession to the present Statute.

Membership - termination -

1. Member state / IO ceases to exist

• Anschluss of Austria / League of Nations, but• Iraq / Kuvait (1991) – factual but illegal termination of

state ≠ termination of membership in the IO

2. Withdrawal (voluntary)

– UN – no withdrawal clause– Indonesia 1965

Article 7 of the Statute of the Council of Europe

Any member of the Council of Europe may withdraw by formally notifying the Secretary General of its intention to do so. Such withdrawal shall take effect at the end of the financial year in which it is notified, if the notification is given during the first nine months of that financial year. ...

Membership - termination -

3. Expulsion (involuntary)

Article 5 of the UN CharterA Member of the United Nations against which preventive or enforcement action has been taken by the Security Council may be suspended from the exercise of the rights and privileges of membership by the General Assembly upon the recommendation of the Security Council.

Article 6A Member of the United Nations which has persistently violated the Principles contained in the present Charter may be expelled from the Organization by the General Assembly upon the recommendation of the Security Council.

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