International

Organizations
Thematic Block 5: types of acts of IO
Outline

• Introduction
• Internal/external rules
• Legal effects of acts
• Decision making
General principles

• The power to perform act derives from the

constituent treaty
• The legal effects of these acts will depend on
the constitutional provisions
• Normally, the constituent treaty has no
reference or explanation of the legal effects of
the acts
• Need to take in consideration the intention
behind the resolution
 • The constituent treaty can only
regulate the functioning of IO in
general terms
• Therefore, more detailed
provisions must be made by the
organization itself
Internal rules • The power of IO to make rules for
their own legal order is generally
recognized and derives from the
existence of the organization
• Every organization requires internal
rules, and these rules can be
derived from no other legal order
External rules

• Rules extending beyond the mere

functioning of the organization itself
• Rules made only for external purposes will
normally be part of a legal order other than
that of the organization (i.e. agreements
with other international organizations or
with a state)
• However, most external rules also affect the
internal functioning of the organization.
• They represent the policy of the
organization and influence its later decisions
• In many cases, external rules, even where
externally non-binding, have binding effects
within the international organization
 Types of acts (Amerasinghe)

Institutional acts

• Create direct obligations and rights for the organization, its organs, its members
• Normally addressed within the organization
• By their nature have binding effects

Operational acts

• Relate to the function and achievement of aims of the organization

• Normally directed to states or other IO
• Usually, non- binding
 • Art. 25 UN Charter: The Members of the UN agree to
accept and carry out the decisions of the Security
Council in accordance with the present Charter
(considered binding)
• Art. 10 UN Charter: the General Assembly can make
recommendations to the Members of the United
Examples Nations or to the Security Council or to both
• Normally, GA resolutions are not binding, however,
some acts can be considered binding:
• Suspension of rights and privileges of
membership (art. 18)
• Expulsion of members
• Budgetary questions
Legal effects of the acts

• Terminology is diverse and not

necessarily determines the legal effect of
the act
• Recommendations, resolutions,
declarations, decisions, etc.
• Unless there is specific and express
provision in the constitutional
instruments, the acts of organs do no
have binding or similar effect in the
operational field
How to determine the effect of
the acts of IO?
• The terminology used in the constitutional documents to
describe an act is often not consistent and does not
necessarily determine the legal effect of an act
• The language used in a particular resolution may also only
be indicative
• For example:
• Decisions of the UNSC under Chapter VII regarding
international peace and security are binding,
• Decisions under chapter VI relating to pacific settlement of
disputes use a different language: the SC has taken action,
‘deciding’, ‘calling upon’, ‘recommending’, ‘declaring’,
‘questioning’, ‘urging’, demanding’, ‘condemning’, etc.
Recommendations
• Are normally non-binding
• The language may be relevant to determine the
effect of the resolution
• These effects may be:
• Duty to consider
• Duty to cooperate
• Duty to comply
• Duty to assist
• Evidence for formation of law: may reflect
opinion juris of customary law
Recommendations
• Duty to consider: Member States have to report
action taken according to the recommendation and in
good faith (i.e. art. 2.2 UN Charter)
• Duty to cooperate: Member States have a basic
obligation to cooperate in achieving the objectives of
the organization
• Duty to comply: when the State has accepted the
recommendation or agreed to be bound by it. The
consent is the source of obligation to comply
• Duty to assist: a duty not to obstruct (i.e. art. 2.5. UN
Charter, duty to give assistance in any action the UN
takes in accordance with the Charter
Recommendations
• There is no general obligation to comply with a
recommendation
• However, the obligation to cooperate in good
faith does not mean that a Member State can
simply disregard a recommendation
• If a Member State, after considering a
recommendation, concludes in good faith that is
unable to comply, it has the duty to consult with
the IO on the ways to achieve the objectives and
purposes of the organization
 • The Conference: plenary organ composed by
representatives of Member States
Example: OPEC • Each Full Member Country has one vote
(Organization of • All decisions of the Conference, other than on
procedural matters, require the unanimous
the Petroleum agreement of all Full Members.

Exporting • The Conference Resolutions are effective after 30

days from the conclusion of the Meeting, unless,
Countries) within the said period, the Secretariat receives
notification from Member Countries to the contrary
(possibility to opt-out)
Decision making

Unanimity Voting

Adoption
Consensus without a
vote
 Decision-making

Unanimity Voting

• Consent of all states • Equal vote

• Principle of equal • Non Equal vote
sovereignty • Weighted vote
• Contracting out • Veto
option
Consensus:
• Without the need of voting
• Procedure for consultations, negotiations and transactions
• These are decisions that usually require voting
• It avoids discrepant minorities
• Ambiguous or imprecise language

Without voting:
• Decisions that normally require voting
• Ensure that the proposal is acceptable to all delegations

Decision making
General
Assembly
resolutions of
the 75th session
 Unanimity
• It requires consultations,
negotiations and commitments
between delegations
• No objections
• A single member State can
prevent the adoption of the
decision
Difference between adoption procedures
By consensus:
• It requires consultations,
negotiations and commitments
between delegations
• No objections
• The member state objector
knows that the decision can be
taken by voting and will look for
compromise formulas
 Difference between adoption procedures

Without voting: By consensus:

• No objections • No objections
• There is no • There is negotiation
negotiation or prior and prior
commitments commitments