CERTAIN THEORETICAL ASPECTS OF ESTABLISHING INTERNATIONAL LEGAL PERSONALITY OF INTERNATIONAL ORGANIZATIONS

Abstract

This paper deals with the issue of establishing legal personality of the international organizations per se, using the UN as an example, without further consideration of the various international organizations and their powers. This has always been a complex issue within the International Law. Numerous papers have been devoted to this issue as it continues to attract the attention of governments, international organizations and theorists. International organizations establish legal relationships with other subjects of International Law, or Member States in areas where they can operate independently, or with non members. This raises the question of whether they are subjects of International Law and thus are obliged to respect the rules of international law? As far as the UN is concerned, there’s no doubt that the organization possesses international subjectivity according to the International Court of Justice 1949 Advisory opinion on the Reparation for Injuries Suffered in the Service of the UN. This paper proves that if International Organizations meet certain criteria, such as the capacity to conclude international treaties, enjoy privileges and immunities and can be held responsible for internationally wrongful acts, they must possesses legal personality. However, the question remains, whether these criteria are enough to establish their international subjectivity.