SECTION A

1. The ICJ in the Advisory Opinion on Reparations (1949) stated:

Accordingly, the Court has come to the conclusion that the Organisation
is an international person. That is not the same thing as saying that it is a
State, which it certainly is not, or that its legal personality and rights and
duties are the same as those of a State. Still less is it the same thing as
saying that it is a ‘super-state,’ whatever that expression may mean. It
does not even imply that all its rights and duties must be upon the
international plane, any more than all the rights and duties of a state must
be upon that plane. What it does mean is that a subject of international
law and capable of possessing international rights and duties, and that it
has capacity to maintain its rights by bringing international claims…
Discuss the extent to which the development of the Law on
International Organisations since that Advisory Opinion to treat such
organisations like States

The law on international organisations and the above opinion affirms that
international organisations possess legal personality, rights, and duties
under the law. This involves the establishment of a legal personality.
International organisations are established by treaties or other instruments
and possess their legal personalities. The League of Nations adopted this
and established an assembly open to all members, and was first to provide
an idea of international cooperation.. The UN Charter made sure in
Articles 104 and 105 to establish its rights and duties. Article 104 of the
UN Charter states that organisations shall enjoy in the territory of each of
its member states necessary for the fulfilment and functions of its
purposes. Article 105 assured that representatives of members of UN and
officials shall enjoy privileges and immunities necessary for its purpose.
It is key in the UN Charter and the above advisory opinion that while
organisations such as the UN have legal personality and international
rights and duties, they do not have the same legal status as a state.
However, there have been movements in the law of international
organisations to treat organisations like states.

The Advisory Opinion emphasized that international organisations have

legal personality, and duties distinct from states, which is acknowledged
below. The Reservations to the Genocide Convention (1951) Art. 20(3)
VCLT stated ‘when a treaty is an instrument of an international
organisation – a reservation requires the acceptance of the competent
organ of that organisation.’ This starts with the reparations that outlined
this performance. The Reparations for Injuries (1949) asserted that
organisations act as international persons – which means it is the subject
 of international law and capable of possessing international rights and
duties – similar to states.

The development of the Law of International Organisations reflects that

international organisations can enter into treaties and act on negotiations.
Article 104 of the UN Charter affirms the legal capacity to enter into
these treaties. The Interpretation of the Agreement on 25 March 1951
between WHO and Egypt (1980) showed that there was an international
obligation to both the WHO and Egypt to consult with each other and act
in good faith. This evolved in the 1986 Geneva Convention. The 1986
Geneva Convention continued to assert that international organisations
should be given treaty-making capacities. The key provisions (Art. 6 and
Art.2 of the 1986 Geneva Convention) provided for the capacities of
international organisations to conclude a treaty, and that they were
governed by the rules of the organisation.

International organisations may also be exempt from jurisdiction in some

cases. States are different in that they remain the primary subjects of
international law. International organisations and their rights and powers
are left up to interpretation. They are given access to international courts,
like in the Report to the US President on the Results of the San Francisco
Conference (1945) where organizations like the UN can enter into
contracts and appear in court. They are given the rights to invoke treaties.

As seen through this specific example of giving international

organisations treaty-making powers as stated above, this shows how the
law of international organisations has developed to treat these
organisations like states. However, Article 32 of the VCLT notes that
international organisations are different from states, but as long as
interpretations are unchallenged, international organisations can have
confidence in entering into treaties, courts, etc. International
organisations have the power to create other international organisations,
which should not be ignored and show the powers they hold.

2. In any discussion of the powers of International Organisations, two

questions must be addressed, how to determine, and who determines,
the limits of the powers of international institutions

When discussing how to determine the limits of powers of international

institutions, it is key to look at the constituent instruments and treaties.
Examining a constituent instrument (charter, treaty, convention) that
establishes the international organisation usually shows and delineates the
powers it holds. For example, Articles 108 and 109 of the UN Charter
allow for revision of said charter, and that a general conference can be
held amongst the member states. Further examples can be Articles 40 and
41 of the Vienna Convention on the Law of Treaties (VCLT) – which
allows for the amendment of multilateral treaties by international
organisations and between the parties to conclude a said agreement.
Constituent instruments will outline the limitations of powers and allow
for subsequent revision. They will also identify explicit grants of power
within the constituent instrument. Article 13 of the TFEU says that
‘institutions must only act on powers conferred by the treaties.’

When determining the limitation of powers, one must also look at the
implied powers that are not expressly stated. In Legality of the Use by a
State of Nuclear Weapons in Armed Conflict – it was shown that there
was an exercise of implied powers. International organisations may have
to possess subsidiary powers not expressly stated. International law
influences the power of international organisations and can serve as an
organization’s authority. In the Interpretation between Who and Egypt, it
was found that international organisations are subjects of international
law and are bound by obligations customary under international law. The
power of international organisations can be analysed through resolutions
and decisions by the governmental bodies of international organisations –
like in the Geneva Convention (Art. 5) – that states the UN should
cooperate with the authorities of member states.

As to who determines the powers of international organisations, this can

lead to the role of member states. governing bodies, international courts
and tribunals, and principles like sovereignty.

Member states play a role in determining the power of international

organisations. The powers not given to international organisations remain
with the member state. This is stated in TFEU Article 4 – with
competencies not conferred upon in the Union remain with the Member
State. Governing bodies like the UN General Assembly and Executive
Council have the authority to interpret the constituent instrument and
make decisions regarding an organisation's power. International courts
and tribunals like the ICJ can be called to interpret the powers of
international organisations and resolve disputes – like in Kadi et al v.
Council – which concluded that it was in the power of SC to establish the
court and that the tribunal for the former Yugoslavia was not
unconstitutional. This has also been analysed in Al Jedda v UK – found
that the presumption of the Security Council does not impose any
obligation on MS to breach fundamental principles of human rights.
Articles 6 and 7 of the DARIO – stated that the rules for international
organisations apply in determining their functions. International
organisation's powers are determined in the best interest of diplomacy,
and based on the sovereignty of state organisations

The evolution of who gets to decide the power of international

organisations has led up to the interpretation of the states – but now more
so organisations and subsequent bodies. These organisations were created
by states so it should be up to the member states, but they are increasingly
sharing this power. Like in Waite and Kennedy v Germany, States
establish international organisations to strengthen cooperation amongst
each other in fields and activities, to protect their rights.
SECTION B

3. The 1996 World Food Summit defined food security as follows: Food
security exists when all people, at all times, have physical and economic
access to sufficient, safe, and nutritious food that meets their dietary
needs and food preferences for an active and healthy life.

Discuss the extent to which international organisations have

contributed to the realisation of food security.

To answer this question, we must first realise that the responsibility for
the realisation of food security rests with individual national
governments. To me, food security means that people should have safe
access to food at all times, no matter their socioeconomic status.

The primary responsibility for food security and the extent to which
international organisations have contributed to the realisation of food
security has rested with various organisations such as the FAO, which
was set up with a very specific objective. The FAO wanted to state that
building food security begins at home and was established in response to
the goal of SDG 2: Zero Hunger. The FAO has worked on building
capacities of countries to enhance food production and distribution
centres – and monitors this globally. The World Food Programme (WFP)
was also created by the FAO in response to the 1960 Conference and
helps to respond to food crises and emergencies.

Another international organisation that has contributed to the realisation

of food security is the WTO. The WTO works to ensure fair and equitable
international trade practices relating to the import and export of food
products. The IFAD (1976) also outlined the need for an increase in
agriculture to increase food production in developing countries. It has
been successful but needs to be properly resourced.

In the EU, there have been multiple summits held, to implement a farm-
to-fork strategy and highlight malnutrition. Organisations have outlined
that there needs to be a fully-fledged EU nutrition cost and harmonisation
of consumer information, but this causes a problem as member states
have sole responsibility here.

To conclude, international organisations have contributed to a great extent

to the realisation of food security, and the need for harmonisation on a
global scale to combat malnutrition and hunger.
 4. Speaking at the closing of the 12th WTO Ministerial Conference, the
WTO Director General noted:

In response to the worst food security crisis in decades, you have taken
steps to make trade in food and agricultural inputs more predictable, and
hence prices less volatile. And you are going to make it easier for the
World Food Programme to do its difficult job of feeding millions of the
world’s most vulnerable people.

Discuss how the WTO has responded to the crisis and what are the
likely outcomes of the 13th Ministerial Conference in this area.

Think answering 2 n 3