Legal Personality of International Organ

Mohd Imran, Legal Personality of International Organizations: A Brief Survey, 11(3), IUP Law Review, (2021)
(Forthcoming)
Legal Personality of International Organizations: A Brief Survey
Mohd Imran*
Contents
Abstract ......................................................................................................................................................... 1
Introduction ................................................................................................................................................... 2
Part I.............................................................................................................................................................. 3
Part II ............................................................................................................................................................ 5
Part III ........................................................................................................................................................... 6
Conclusion .................................................................................................................................................... 8
Abstract
Despite the fact that the PCIJ or ICJ has never received any contentious or advisory case
directly questioning the legal personality of any international organization, it has long been
discussed and debated by the international courts and academic scholars. However, the
international courts have received several cases challenging the “capacity” of some or the other
IOs. It is these cases where the courts have sought to clarify some issues related to the legal
personality of IOs. The author in this academic venture has empirically studied the statutes of 46
international organizations pertaining to legal personality. While the study suggests that there is
no uniformity in language pertaining to the legal personality provisions, most of the statutes of
IOs have resorted to include the language focusing on the “legal capacity”, specifying the
powers of IO. An attempt has been made to through some light on the nuances that lies with the
“legal capacity” and “legal personality” of IOs.
Keywords: Legal personality, legal capacity, powers of IOs.

* Mohd Imran is the Founder of Indian Society for Legal Research. He recently completed LL.M
from Faculty of Legal Studies, South Asian University, New Delhi. Author is grateful to Dr.
Prabhas Ranjan, Professor and Vice-Dean, Jindal Global Law School for guidance and support.
Electronic copy available at: https://ssrn.com/abstract=3926803

(Forthcoming)
Introduction
Before the 1920s, only States were considered subjects of international law.1 The international
community changed its approach to look at international law after the establishment of some
powerful international organizations such as, League of Nations, International Labor
Organization. The creation of the United Nations forced the ICJ to formulate some important
requirements relating to the recognition of legal personality of international organizations. 2 For
the purpose of bestowing a legal personality, each legal system has developed its own
requirements that may differ from state to state. The requirements under Indian law may differ
from those of United Kingdom or from those (if any) posited by the international legal system. 3
Though, each state grant the personality to organizations under the requirements of domestic
law, it is interesting to note that States do not deny the legal personality of any organization if
other State has so far recognised it.4
Władysław Czapliński argues that international personality is in principle indivisible, and its
scope should be the same with respect to all primary (states) and secondary (all other subjects
including non-state) actors. However, there is fundamental difference between the legal
personality of a State, International Organisations and other Non-States actors. States being the
primary subjects and Sovereign do not require recognition of legal personality as such. Once a
State has come into existence it is presumed to have a personality. The legal personality of the
international organisations is conferred mostly by legislative process; Act of Parliament or
Treaty. In case of other non-State actors the legal personality is not conferred by legislative
process. It is recognised through the political process, if any.
This paper revolves round the debate of legal personality of international organizations. In this
paper, the author has analyzed the state practices and dimensions of legal personality of
international organizations based on a comparative study of the statutes/constitutions of
international organizations on legal personality (See Appendix). In Part I of this paper, it is
1
Czapliński, W., 2016. Recognition and International Legal Personality of NonState Actors. Pécs Journal of
International and European Law, [online] I, p.1. Available at:
http://ceere.eu/pjiel/wpcontent/uploads/2016/06/4_PJIEL201601_PJIEL201601.pdf [Accessed 15 June 2020].
2
Ibid.
3
Klabbers J, An Introduction To International Institutional Law (3rd edn, Cambridge University Press 2015)
4
Ibid

(Forthcoming)
argued that though there is no uniformity regarding the provisions of legal personality, the UN
and its specialized agencies follow a uniform pattern of the legal capacity of the organization
based on the functional necessity for the fulfillment of the purpose of the organization. Similarly,
the International Financial Institutions such World Bank, IMF etc. too follow the pattern of legal
capacity. However, these organizations specifically provide the capacity of the organizations to
act independently such as capacity to contract, institute legal proceedings etc. Moreover, the
regional organizations laid by post-colonial and third world countries lack the provisions of legal
personality or legal capacity. In Part II it is argued that recognition of International
Organizations is a misnomer. The requirement of recognition for a legally constituted entity will
question the Sovereignty of the State Constituting such entity or organization. In Part III it is
argued that the legal personality of IOs has never been challenged in International Courts and has
seldom been rejected by any State. What has always been contested is the legal capacity of the
organization in a particular case.
Part I
Forty six International Organizations have been considered for this study. There is diversity in
the natures of these IOs which includes global and regional organisations, international financial
institutions and International Courts. The organisations which were established in the year 1944
onwards have been considered for this study. For the purpose of this study, we have presumed
that if any organization has provision of legal capacity, it will be deemed to have a legal
personality.5
6
Out of 42 organisations studied the Charter/Statues of Arab League , African
Union 7 , Organization of Islamic Cooperation 8 and SAARC 9 , NATO, OPEC, Organisation of
5
Many states through their written submissions backed this opinion in Reparation for Injuries case
6
League of Arab States, Charter of Arab League, 22 March 1945, available at:
https://www.refworld.org/docid/3ae6b3ab18.html [accessed 31 January 2020]
7
Charter of African Union, https://au.int/sites/default/files/treaties/7759-file-oau_charter_1963.pdf Accessed on
February 1, 2020
8
Charter of the Organisation of Islamic Cooperation, http://ww1.oic-oci.org/english/charter/OIC%20Charter-new-
en.pdf Accessed on February 1, 2020
9
Charter of the SAARC, http://saarc-
sec.org/assets/responsive_filemanager/source/SAARC%20Charter/1_SAARC_CHARTER_Provisional_Rules_of_P
rocedure.pdf accessed on February 1, 2020.

(Forthcoming)
African Unity, OAPEC, do not poses any provision on legal personality. Article 27 of the
OPEC 10 provides that the Secretary General shall be legally authorized representative of
organization. The common thread in all of these organizations is that the important decisions of
these organizations are taken by consensus.11 However, the organization of African Unity is an
exception to this. This may also be connected to the political will of the members of these
organizations. As we can see that no permanent member of Security Council is member of any of
these organizations except in case of NATO. However, it is still unresolved as to why these post-
colonial and third world countries make such kind of International Organisations without having
clear provisions of legal personality in the charter.
IOs such as International Labour Organisation, OECD, IMF, Asian Development Bank, African
Development Bank, and Shanghai Cooperation Organisation, dealing with economy or financial
transactions, have provided for legal personality in terms of ‘capacity to contract; to acquire, and
dispose of, immovable and movable property; and to institute legal proceedings.’ These IOs
could also be called International Financial Institutions (IFIs hereinafter). 12 It seems that the
framers of constitutive statutes of these IFIs wanted to make it sure that once the organisation
comes into existence there should be no confusion as to its capacity to contract; to acquire, and
dispose of, immovable and movable property; and to institute legal proceedings.
Several international organisations13 have referred to the expression ‘legal capacity’ rather than
‘legal personality’, for examples, “the Organisation shall enjoy in the territory of each of its
members such legal capacity as may be necessary for the exercise of its functions and the
fulfillment of its purpose.14 This language is also found in the specialized agencies of United
Nations.15 This expression has emphasis on the ‘functional necessity’ of the organisation. Judge
Hackworth in his dissenting opinion of Reparation for Injuries wrote that …implied powers flow
10
OPEC Statute, https://www.opec.org/opec_web/en/publications/345.htm Accessed on February 1, 2020
11
Relevant provisions to be citated
12
'Overview Of International Financial Institutions (Ifis)' (2020)
https://www.tradecommissioner.gc.ca/development-developpement/mdb-overview-bmd-apercu.aspx?lang=eng
accessed 16 June 2020.
13
United Nations, International Telecommunication Union, Arab League, WHO, Organizations of European
Economic Co-operations, World Meteorological Organizations, International Atomic Energy Agency, WIPO,
Organizations of American States, Korean Peninsula Energy Development Organisation, ITLOS, Organisation of
Prohibition of Chemical Weapons.
14
Article 104 of the United Nations Charter.
15
Food and Agricultural Organisation of UN, UNESCO, World Health Organisation

(Forthcoming)
from a grant of express powers, and is limited to those that are “necessary” to the exercise of
powers expressly granted. 16 Some other IOs use the expression “the… Organization shall
posses full juridical personality and in particular the capacity; (a) to contract; (b) to acquire
and dispose of immovable and movable property; (c) to institute legal proceedings.”17
Among others, the International Olympic Committee makes unique claim by providing that IOC
is an international non-governmental not-for-profit organisation, of unlimited duration, in the
form of an association with the status of a legal person, recognised by the Swiss Federal Council.
The International Organization for Standardization (ISO) provides for member-based association
with civil personality under Article 60A18 of the Swiss Civil Code. This is probably the only
international organization with several countries member to it but the legal personality of the
organisation is governed under the domestic laws of country as opposed to international
convention.
Part II
The positivist notion under ‘will theory’ provides that it is the will of the founders of the
organization which decides on the organization’s legal personality. Therefore, if the founders
intend to endow their creation with personality under international law, then it will have
personality. If they wish to withhold the legal personality from their creation, then their intention
should not be disregarded. In order to overcome the demerits of will theory, some scholars have
resorted to ‘recognition of the organization.’ Thus, Bieber lists recognition as the decisive
factor.19 According to ‘objective theory’ devised by Finn Seyersted20, the legal personality of
International Organizations follows the same pattern as that of States; As soon as an entity exists
as a matter of law (i.e. meets the requirements that international law attaches to its
establishment), that entity possesses international legal personality. In fact, Seyertsted went on to
16
Reparation for Injuries Sufferred in the Service of the United Nations, Advisory Opinion (1949) ICJ Reports 174,
Hackworth J dissenting, p. 198.
17
Most of the IOs which deal with economy or financial transactions have similar expressions.
18
Article 60A: Associations with a political, religious, scientific, cultural, charitable, social or other non-commercial
purpose acquire legal personality as soon as their intention to exist as a corporate body is apparent from their articles
of association.,
19
Draft of a Consolidated Treaty of the European Union, European Parliament, Directorate-General for Research,
Working Paper, Political Series W-17/Rev., March 1996, p.15.
20
Finn Seyersted, Objective International Personality of Intergovernmental Organization: Do Their Capacity Really
Depend on the Conventions Establishing them? (Copenhagen, 1963), p.47.

(Forthcoming)
say that for States, this follows from their acquisition of statehood; for organizations, then, it
follows from acquisition of ‘organization-hood’.21
While lots of literature of have been produced on the recognition of the International
Organisations, H F Kock argues that recognition of international Organizations is something
misnomer. He says that since recognition is a purely political act anyway, there is no legal
answer to the question of whether an organization should be recognised.22
There are some other reasons for rejecting the idea of recognition of the IOs. Firstly, the
International Organizations are incorporated by legislative process (i.e., Act of Parliament or
Treaty). Rejecting the legally constituted entity of a State would amount to denial of the laws of
that Constitutive State. On the issue of ‘organization-hood’ it seems that once an International
Organization is incorporated under the laws of any State then it is presumed to have all the
features of International Organizations. Jan Klabbers backs the idea of ‘presumptive
personality.’23 Thus, as soon as an organisation performs acts which can only be explained on the
basis of international legal personality, such an organization will be presumed to be in possession
of international legal personality. 24 The International Courts have never been asked through
advisory opinion regarding the legal personality of any International Organization. In fact, the
questions in some of the important cases such as Competence of the International Labour
Organization (1922) 25 , Reparation for Injuries 26 and Effect of Awards Case 27 were asked
regarding the legal capacity or the length of the capacity of the organization concerned.
Part III
From the above discussion, it is clear that legal personality and legal capacity are not the one and
the same. However, the legal personality is presumed when the organization posses the legal
capacity. However, the mere presence of legal personality does not give the organization
21
Klabbers J, An Introduction To International Institutional Law (3rd edn, Cambridge University Press 2019)
22
H F Kock, Questions Related to the recognition of the European Communities (1997) 2 ARIEL, 49-68
23
Klabbers J at 49 (2019).
24
Koskenniemi M, International Law Aspects Of The European Union (M Nijhoff Publishers 1998)
25
Competence of the International Labour Organization to Examine Proposals for the Organization and
Development of Methods of Agricultural Production, advisory opinion, (1922) Publi. PCIJ, Series B, Nos.2,
26
Reparation for Injuries suffered in the Service of the United Nations, advisory opinion (1949) ICJ Reports 174
27
Effect of awards of Compensation Made by the United Nations Administrative Tribunal (1954) ICJ Reports 47.

(Forthcoming)
capacity to work beyond what is ‘necessary for the fulfillment of its purpose or objectives.’ As
legal capacity of IOs is linked to the powers of the organization, the capacity of one organisation
is different from the other.
United States in its written submission before ICJ in the Reparation for Injuries argued,
“…It is sufficient to point out the established principle of international law that
any legal entity having legal capacity whether it be a State, an individual, or a
public or private entity may present claim against the government of the
responsible State for reparation for losses or damages suffered by them as a
consequence of acts deemed violative of principles of international law. The
United Nations as a public international organization having legal capacity may
therefore present claims against the government of a State for reparation for
losses or damages sustained by it.”28
IJC held in this advisory opinion,
“…the organisation was intended to exercise and enjoy, and is in fact exercising
and enjoying, functions and rights which can only be explained on the basis of the
possession of a large measure of international personality and the capacity to
operate upon an international plane.”29
From the above expression, following can be drawn- first, legal personality and legal capacity
are not the same. Second, when an organization’s legal capacity is specified in terms of capacity
to contract, acquire property, institute legal proceedings, it means the functions of the IO should
be restricted to the words expressed. But a more difficult case may arise when the functions of
an IO is not restricted to merely capacity to contract, or acquire property or to institute a legal
proceeding. In such case, the expression ‘full legal personality’ might play an important role.
Again, if legal personality and the functions of the organizations are the decisive in determining
the length of the capacity of an organization then what would be the importance of having a
specified legal capacity provision? Third, where any organisation does not refer to the legal
personality, as in case of UN, legal capacity is always associated with the functions and
28
Written Submission by United States, Reparation for Injuries Sufferred in the Service of the United Nations,
Advisory Opinion (1949) ICJ Reports 174,
29
Reparation for Injuries Sufferred in the Service of the United Nations, Advisory Opinion (1949) ICJ Reports 174

(Forthcoming)
objectives/purpose of the organization. Such limitation is not associated with the expression legal
personality, for example, EU shall have the legal personality.
Conclusion
The expression legal personality, full juridical personality, or international legal personality has
been employed in the Statutes/Charters of International Organizations. It seems that for the
framers of these charters these words make little difference. One can argue the legal personality
or full juridical personality is a generic word and can be referred to any independent entity-
national or international. On the contrary International legal personality is one such entity which
has international rights and duties, privileges and immunities etc. The patterns of these
charters/Statutes show that most of the organizations have focused on the legal capacity of the
organizations than the legal personality. This is the reason that we find most of the organizations
have provision on the legal capacity. One reason could be that the presence of legal capacity is
also considered as the proof of the legal personality.30
A comparative study of the legal capacity of international organizations is still an unexplored

domain. Most scholars base their arguments on the two doctrines, i.e., the doctrine of attributed
powers and doctrine of implied powers. Nevertheless, seeing the size, area of work, the political
influence of the organizations, judicial or financial nature etc., of the organizations, it seems that
there is a need to reconcile the debate on the capacity of IOs. Finn Syersted has proposed the
objective theory of personality of international organizations. He argues that IOs, once
established, would posses’ inherent powers to perform all those acts which they need to perform
by virtue of their organization-hood and not due to any specific source of organizational power.31
30
Ibid.
31
J Klabbers (2015), An Introduction to International Institutional Law, 3rd Edition, Cambridge University Press, p 64.

(Forthcoming)
Appendix
A Survey on the Legal Personality of International Organisations

Sr. Name of IO Year of Provision on Legal Expression of Legal
No. Establish Status/Capacity personality/capacity
ment
1. United Nations32 1945 Article 104 The Organization shall enjoy in the
territory of each of its Members such
legal capacity as may be necessary for
the exercise of its functions and the
fulfillment of its purposes
2. World Health 1948 Article 66 The organisation (WHO) shall enjoy in

Organisation33 the territory of each member such legal
capacity as may be necessary for the
fulfillment of its objective and for the
exercise of its functions
3. UNESCO34 1945 Article XII The provisions of Articles 104 and 105
of the Charter of the United Nations
Organization concerning the legal status
of that Organization, its privileges and
immunities, shall apply in the same way
to this Organization.
4. International Labour 1944 Article 39
Organisation35 The International Labour Organization
shall possess full juridical personality
and in particular the capacity: (a) to
contract ;(b) to acquire and dispose of
immovable and movable property;(c) to
institute legal proceedings.

5. Food and Agricultural 1945 Article XVI (1) The Organization shall have the capacity
Organisation of UN36 of a legal person to perform any legal act
appropriate to its purpose which is not
beyond the powers granted to it by this
32
United Nations Charter, https://treaties.un.org/doc/publication/ctc/uncharter.pdf accessed on January 31, 2020
33
The Constitution of the World Health Organisation, https://www.who.int/governance/eb/who_constitution_en.pdf
accessed on January 31, 2020
34
The Constitution of UNESCO, http://portal.unesco.org/en/ev.php-
URL_ID=15244&URL_DO=DO_TOPIC&URL_SECTION=201.html Accessed on January 31, 2020
35
ILO Constitution,
https://www.ilo.org/dyn/normlex/en/f?p=1000:62:0::NO:62:P62_LIST_ENTRIE_ID:2453907:NO Accessed on
January 31, 2020
36
The Constitution of Food and Agricultural Organisation of UN, http://www.fao.org/3/K8024E/K8024E.pdf
Accessed on January 31, 2020

(Forthcoming)
Constitution.
6. Organization for 1960 Article 1 of The Organisation shall possess juridical
Economic Cooperation Supplementary Protocol personality. It shall have the capacity to
and Development No. 2 to the OECD conclude contracts, to acquire and
(OECD)37 Convention. dispose of movable and immovable
property and to institute legal
(Article19 of OECD proceedings.
Convention refers to
protocol no. 2)
7. International Monetary 1944 Article IX (Section 2) The Fund shall possess full juridical
Fund38 personality, and in particular, the
capacity: (i) to contract; (ii) to acquire
and dispose of immovable and movable
property; and (iii) to institute legal
proceedings.
8. World Meteorological 1950 Article 27 The Organization shall enjoy in the
Organization39 territory of each Member such legal
capacity as may be necessary for the
fulfillment of its purposes and for the
exercise of its functions.
9. World Intellectual 1979 Article 12 The Organization shall enjoy on the
Property territory of each Member State, in
Organisation40 conformity with the laws of that State,
such legal capacity as may be necessary
for the fulfillment of the Organization’s
objectives and for the exercise of its
functions
10. International Atomic 1957 Article XV The Organization shall enjoy on the
Energy Agency41 territory of each Member State, in
conformity with the laws of that State,
such legal capacity as may be necessary
for the fulfillment of the Organization’s
objectives and for the exercise of its
functions
11. International Maritime 1948 Article 64 Article 64: The legal capacity,
Organization42 privileges and immunities to be accorded
37
Supplementary Protocol No. 2 to the Convention on the OECD,
https://www.oecd.org/general/supplementaryprotocolno2totheconventionontheoecd.htm
38
Articles of Agreement of the International Monetary Fund, https://www.imf.org/external/pubs/ft/aa/pdf/aa.pdf
Accessed on September 19, 2021
39
Convention of the World Meteorological Organization, http://www.wmo.int/pages/prog/sat/meetings/SG-SEMDP-
2/documents/3.0.2_WMO_Basic%20Documents%20No.1_15-2015_en.pdf Accessed on January 31, 2020
40
Convention Establishing the World Intellectual Property Organisation (as amended on September 28, 1979),
https://wipolex.wipo.int/en/text/283833
41
The Statute of International Atomic Energy Agency, https://www.iaea.org/about/statute Accessed on January 31,
2020
42
1948 Convention on the International Maritime Organization, http://www.sustainableoman.com/wp-
content/uploads/2016/06/1948-Convention-on-the-International-Maritime-Organization-pdf.pdf
Accessed on February 1, 2020

(Forthcoming)
Article II43 to, or in connection with, the

Organization, shall be derived from and
governed by the General Convention on
the Privileges and Immunities of the
Specialized Agencies approved by the
General Assembly of the United Nations
on 21 November 1947, subject to such
modifications as may be set forth in the
final (or revised) text of the Annex
approved by the Organization in
accordance with Sections 36 and 38 of
the said General Convention.
Article II: The specialized agencies

shall possess juridical personality. They
shall have the capacity (a) to contract,
(b) to acquire and dispose of immovable
and movable property, (c) to institute
legal proceedings.
12. Association of 2007 Article 3 ASEAN, as an inter-governmental
Southeast Asian organisation, is hereby conferred legal
Nations44 personality.
13. International 1987 Article 2 The International Federation acts under
Federation of Red its own Constitution with all the rights
Cross and Red and obligations of a corporate body with
Crescent Societies45 legal personality.
14. South Asian 1985 No Provision on Legal _

Association for Personality
Regional
Cooperation46
43
Convention on the Privileges and Immunities of the Specialized Agencies,
https://treaties.un.org/doc/Treaties/1949/08/19490816%2010-43%20AM/Ch_III_2p-full%20text.pdf
44
The ASEAN Charter, https://asean.org/wp-content/uploads/images/archive/publications/ASEAN-Charter.pdf
45
Constitution of International Federation of Red Cross and Red Crescent Societies, https://media.ifrc.org/ifrc/wp-
content/uploads/sites/5/2018/02/01_Constitution-2017-Final-EN.pdf
Accessed February 1, 2020
46
Charter of the South Asian Association for Regional Cooperation, http://saarc-
sec.org/assets/responsive_filemanager/source/SAARC%20Charter/1_SAARC_CHARTER_Provisional_Rules_of_P
rocedure.pdf Accessed on February 1, 2020

(Forthcoming)
15. International 1947 Article 22 The Organization shall be a member-

Organisation for based association with civil personality
Standardization47 in accordance with Article 6048 of the
Swiss Civil Code. It shall be not for-
profit and non-governmental.
16. Asian Development 1966 Article 49 The Bank shall possess full juridical
Bank49 personality and, in particular, full
capacity: (i) to contract; (ii) to acquire,
and dispose of, immovable and movable
property; and (iii) to institute legal
proceedings.
17. World Economic 1971 Article 1 The World Economic Forum (hereafter
Forum50 referred to as the “Forum”),
headquartered in Geneva, Switzerland, is
an independent organization committed
to improving the state of the world.
Funded by the contributions of 1,000 of

the world’s foremost corporations, the
Forum acts in the spirit of
entrepreneurship and in the global public
interest to further economic growth and
social progress. The Forum serves its
Members and society by creating
partnerships between business, political,
intellectual and other leaders to define,
discuss and advance key issues on the
global agenda
Incorporated as a foundation in 1971, the

Forum is impartial and not-for-profit; it
is tied to no political, partisan or national
interests.
18. International Olympic 2019 Article 15 The IOC is an international non-
47
ISO Statutes, https://www.iso.org/files/live/sites/isoorg/files/archive/pdf/en/statutes.pdf
48
Article 60A: Associations with a political, religious, scientific, cultural, charitable, social or other non-commercial
purpose acquire legal personality as soon as their intention to exist as a corporate body is apparent from their articles
of association., https://www.admin.ch/opc/en/classified-compilation/19070042/index.html
49
Agreement Establishing the Asian Development Bank, https://www.adb.org/sites/default/files/institutional-
document/32120/charter.pdf
50
Charter for Foundation Members, http://www3.weforum.org/docs/WEF_FM_Charter.pdf

(Forthcoming)
Committee51 governmental not-for-profit

organisation, of unlimited duration, in
the form of an association with the status
of a legal person, recognised by the
Swiss Federal Council in accordance
with an agreement entered into on 1
November 2000.
19. African Development 1964 Article 51 In the territory of each member the Bank
Bank52 shall possess full juridical personality
and, in particular, full capacity, a. To
contract b. To acquire and dispose of
immovable and movable property, and c.
To institute legal proceedings.
20. European Union53 1993 Article I(7) The Union shall have legal personality.
21. Shanghai Cooperation 2001 Article 15 As a subject of international law, SCO
Organization54 shall have international legal capacity. It
shall have such a legal capacity in the
territory of each member State, which is
required to achieve its goals and
objectives.
SCO shall enjoy the rights of a legal
person and may in particular:
– conclude treaties;
– acquire movable and immovable
property and dispose of it;
– appear in court as litigant;
– open accounts and have monetary
transactions made.
22. Organisation of 1985 Article 133 The Organization of American States
American States55 shall enjoy in the territory of each
Member such legal capacity, privileges,
51
Olympic Charter, https://stillmed.olympic.org/media/Document%20Library/OlympicOrg/General/EN-Olympic-
Charter.pdf
52
https://treaties.un.org/doc/Treaties/1964/09/19640910%2002-11%20AM/Ch_X_2.pdf
53
Treaty Establishing A Constitution for Europe, https://europa.eu/european-
union/sites/europaeu/files/docs/body/treaty_establishing_a_constitution_for_europe_en.pdf
54
Charter of Shanghai Cooperation Organization, http://en.sco-russia.ru/load/1013181846
55
Charter of the Organization of American States, http://www.oas.org/en/sla/dil/docs/inter_american_treaties_A-
41_charter_OAS.pdf

(Forthcoming)
and immunities as are necessary for the

exercise of its functions and the
accomplishment of its purposes.
23. Arab League56 1945 No provision on
legal
capacity
24. African Union57 2002 No provision
on legal capacity
25. Organization 1969 No provision on
of Islamic legal
Cooperation58 capacity
26. Arab Monetary 1976 Article Two The Fund shall have an independent
Fund59 juridical personality and shall have,
in particular, the right to own,
contract and litigate.
27. International Air 1945
Transport Association
28. International Bank 1944 Article VII, The Bank shall possess full juridical
for Section 2 personality, and, in particular, the
Reconstruction capacity: (i) to contract; (ii) to
and acquire and dispose of immovable
development60 and movable property; (iii) to
Institute legal proceedings.
29. International Civil 1944 Article 47 The Organization shall enjoy in the
Aviation territory of each contracting State
Organization61 such legal capacity as may be
necessary for the performance of its
functions. Full Juridical peraonality
shall be granted wherever compatible
with the constitution md laws of the
State concerned.
30. International Criminal 1998 Article 4 1. The Court shall have international
Court62 legal personality. It shall also have
such legal capacity as may be
necessary for the exercise of its
functions and the fulfilment of its
purposes.
2. The Court may exercise its
56
League of Arab States, Charter of Arab League, 22 March 1945, available at:
https://www.refworld.org/docid/3ae6b3ab18.html [accessed 31 January 2020]
57
Charter of African Union, https://au.int/sites/default/files/treaties/7759-file-oau_charter_1963.pdf Accessed on
February 1, 2020
58
Charter of the Organisation of Islamic Cooperation, http://ww1.oic-oci.org/english/charter/OIC%20Charter-new-
en.pdf Accessed on February 1, 2020
59
https://www.amf.org.ae/sites/default/files/Files/The%20Articles%20of%20Agreement%20of%20the%20AMF%20-
%20English_0.pdf
60
http://siteresources.worldbank.org/EXTABOUTUS/Resources/ibrd-articlesofagreement.pdf
61
https://www.icao.int/publications/Documents/7300_orig.pdf
62
https://www.icc-cpi.int/resource-library/documents/rs-eng.pdf

(Forthcoming)
functions and powers, as provided in

this Statute, on the territory of any
State Party and, by special agreement,
on the territory of any other
State.
31. International 1960 Article VIII, The Association shall possess full
development Section 2 juridical personality and, in particular,
association63 the capacity: (i) to contract; (ii) to
acquire and dispose of immovable and
movable property;
(iii) to institute legal
proceedings.
32. International Law 1873 No provision
Association64 on legal capacity
33. Intergovernmental 1948 Article 50 The legal capacity. privileges and
Maritime immunities to be , accorded to, or in
Consultative65 connection with, the Organization,
Organization shall be derived trom and governed by
the General Convention on the
Privileges and Immunities of the
Specialized Agencies approved by the
General Assembly or the United
Uations on the 21st November, 1~7,
subject to.sueh mod1tlcatlons as may
be set forth 1n the final (or revised)
text ot the Annex approved bf the
Organization in accordance with
Sections 36 and 38 of the said General
Convention.
34. International 1865 Article 31 The Union shall enjoy in the territory
Telecommunication of each of its Member States such
Union66 legal capacity as may be necessary for
fulfillment of its
purposes.
35. Korean Peninsula 1995 Article XIII(a) To carry out its purposes and
Energy Development functions, the Organization shall
Organisation67 possess legal capacity and, in
particular, the capacity to: (1)
contract; (2) lease or rent real
property; (3) acquire and dispose of
personal property; and (4) institute
legal proceedings. Members may
63
http://pubdocs.worldbank.org/en/341581541440486864/IDAArticlesofAgreementEnglish.pdf
64
https://www.ila-hq.org/images/ILA/docs/constitution_english_adopted_johannesburg_2016.pdf
65
https://treaties.un.org/doc/Treaties/1958/03/19580317%2005-05%20PM/Ch_XII_1p.pdf
66 https://www.itu.int/en/council/Documents/basic-texts/Constitution-E.pdf
67
http://www.kedo.org/pdfs/EstablishmentKEDO.pdf

(Forthcoming)
accord the Organization such legal

capacity in accordance with their
respective laws and regulations where
necessary for the Organization to
carry
out its purposes and functions.
36. North Atlantic Treaty 1949 No provision on
Organisation legal
(NATO)68 capacity
37. Nordic Investment 1975 Article 1 The purpose of the Nordic Investment
Bank69 Bank, hereinafter referred to as the
Bank, is to make financing available
in accordance with sound banking
principles and taking into account
socio-economic considerations, to
carry into effect investment projects
of interest to the Member countries
and other countries which receive
such financing. The Bank shall have
the status of an international legal
person with full legal capacity. It shall
in particular have the capacity to enter
into agreements, to acquire and
dispose of immovable and movable
property, and to be a party to legal
proceedings before courts of law
and other authorities.
38. Organisation of Arab 1968 No provision on
Petroleum Exporting legal
Countries70 capacity
39. Organisation of 1963 No provision on
African Unity71 legal
capacity
40. Organisation of 1948 Article 22 (a) The Organisation shall enjoy in the
European Economic territory of each of its Members such
Co-operation72 legal capacity as may be necessary for
fulfillment of its purposes, as defined
in Supplementary Protocol No I, to
68
https://www.nato.int/nato_static_fl2014/assets/pdf/stock_publications/20120822_nato_treaty_en_light_2009.pd
f
69
https://www.nib.int/filebank/a/1497348404/fa74f44c14e9e14a6decabd5a7170542/2032-
Constituent_Documents.pdf
70
http://www.oapecorg.org/media/9e23b5f4-8c84-4898-b3d1-873eef17300b/2085790927/Agreement/Final-
Enew.pdf
71
https://au.int/sites/default/files/treaties/7759-file-oau_charter_1963.pdf
72
https://www.cvce.eu/content/publication/1999/1/1/769de8b7-fe5a-452c-b418-
09b068bd748d/publishable_en.pdf

(Forthcoming)
the present Convention.

41. Organisation for Art VIII, The Organization shall enjoy on the
Prohibition of 1997 Section 48 territory and in any other place under
Chemical Weapons73 the jurisdiction or control of a State
Party such legal capacity and such
privileges and immunities as are
necessary for the exercise of its
functions.
42. Organisation of 1960 No provision on
Petroleum Exporting legal
Countries74 capacity
43. Pan-American Union75 1910 No provision on
legal
capacity
44. WIPO76 1967 Article 12 (1) The Organization shall enjoy
on the territory of each
Member State, in conformity
with the laws of that State,
such legal capacity as may be
necessary
for the fulfillment of the
Organization’s objectives
and for the exercise of its
functions.
45. Universal Postal 1874 Part V Article 1, Juridical personality The Swiss
Union77 Section 1 Federal Council recognizes the
international personality and legal
capacity of the United Nations.
Consequently, according to the rules
of international law, the Organization
cannot be sued
before the Swiss Courts without its
express consent.
46. Asian-African Legal 1956 No provision on
Consultative legal
Organization78 capacity
73
https://www.opcw.org/sites/default/files/documents/CWC/CWC_en.pdf
74
https://www.opec.org/opec_web/static_files_project/media/downloads/publications/OPEC_Statute.pdf
75
https://www.loc.gov/law/help/us-treaties/bevans/m-ust000001-0752.pdf
76
http://admin.theiguides.org/Media/Documents/WIPO%20Convention_1.pdf
77
http://www.upu.int/uploads/tx_sbdownloader/actInThreeVolumesConstitutionAndGeneralRegulationsEn.pdf
78
http://www.aalco.int/STATUTES.pdf

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Mohd Imran, Legal Personality of International Organizations: A Brief Survey, 11(3), IUP Law Review, (2021)

Legal Personality of International Organizations: A Brief Survey

Keywords: Legal personality, legal capacity, powers of IOs.

Electronic copy available at: https://ssrn.com/abstract=3926803

Electronic copy available at: https://ssrn.com/abstract=3926803

Electronic copy available at: https://ssrn.com/abstract=3926803

Electronic copy available at: https://ssrn.com/abstract=3926803

Electronic copy available at: https://ssrn.com/abstract=3926803

Electronic copy available at: https://ssrn.com/abstract=3926803

Electronic copy available at: https://ssrn.com/abstract=3926803

A comparative study of the legal capacity of international organizations is still an unexplored

Electronic copy available at: https://ssrn.com/abstract=3926803

A Survey on the Legal Personality of International Organisations

2. World Health 1948 Article 66 The organisation (WHO) shall enjoy in

shall possess full juridical personality

and in particular the capacity: (a) to

contract ;(b) to acquire and dispose of

immovable and movable property;(c) to

institute legal proceedings.

Electronic copy available at: https://ssrn.com/abstract=3926803

Electronic copy available at: https://ssrn.com/abstract=3926803

Article II43 to, or in connection with, the

Article II: The specialized agencies

14. South Asian 1985 No Provision on Legal _

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15. International 1947 Article 22 The Organization shall be a member-

Funded by the contributions of 1,000 of

Incorporated as a foundation in 1971, the

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Committee51 governmental not-for-profit

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and immunities as are necessary for the

Electronic copy available at: https://ssrn.com/abstract=3926803

functions and powers, as provided in

Electronic copy available at: https://ssrn.com/abstract=3926803

accord the Organization such legal

Electronic copy available at: https://ssrn.com/abstract=3926803

the present Convention.

Electronic copy available at: https://ssrn.com/abstract=3926803

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