International organisations
International organisations have played a crucial role in the sphere of in-
ternational personality. Since the nineteenth century a growing number
of such organisations have appeared and thus raised the issue of interna-
tional legal personality. In principle it is now well established that inter-
national organisations may indeed possess objective international legal
307
See Whiteman,
Digest
, vol. I, p. 39.
308
PCIJ, Series B, No. 15 (1928); 4 AD, p. 287.
309
See e.g.
Steiner and Gross
v.
Polish State
4 AD, p. 291.
260
i n t e r nat i o na l l aw
personality.
310
Whether that will be so in any particular instance will de-
pend upon the particular circumstances of that case. Whether an or-
ganisation possesses personality in international law will hinge upon its
constitutional status, its actual powers and practice. Significant factors in
this context will include the capacity to enter into relations with states
and other organisations and conclude treaties with them, and the status
it has been given under municipal law. Such elements are known in in-
ternational law as the indicia of personality. International organisations
will be dealt with in chapter 23.
The acquisition, nature and consequences of
legal personality – some conclusions
The above survey of existing and possible subjects of international law
demonstrates both the range of interaction upon the international scene
by entities of all types and the pressures upon international law to come
to terms with the contemporary structure of international relations. The
International Court clearly recognised the multiplicity of models of per-
sonality in stressing that ‘the subjects of law in any legal system are not
necessarily identical in their nature or in the extent of their rights’.
311
There
are, however, two basic categories – objective and qualified personality.
In the former case, the entity is subject to a wide range of international
rights and duties and it will be entitled to be accepted as an international
person by any other international person with which it is conducting rela-
tions. In other words, it will operate
erga omnes.
The creation of objective
international personality will of necessity be harder to achieve and will
require the action in essence of the international community as a whole
or a substantial element of it. The Court noted in the
Reparation
case
that:
fifty states, representing the vast majority of the members of the interna-
tional community, have the power, in conformity with international law,
to bring into being an entity possessing objective international personal-
ity and not merely personality recognised by them alone, together with
capacity to bring international claims.
312
310
See the
Reparation for Injuries
case, ICJ Reports, 1949, p. 174; 16 AD, p. 318. See also the
Interpretation of the Agreement of 25 March 1951 between the WHO and Egypt
case, ICJ
Reports, 1980, pp. 73, 89–90; 62 ILR, pp. 450, 473–4.
311
ICJ Reports, 1949, p. 178; 16 AD, p. 321.
312
ICJ Reports, 1949, p. 185; 16 AD, p. 330. H. Lauterpacht wrote that, ‘[I]n each particular
case the question whether . . . a body is a subject of international law must be answered
in a pragmatic manner by reference to actual experience and to the reason of the law as
t h e s u b j e c t s o f i n t e r nat i o na l l aw
261
The attainment of qualified personality, on the other hand, binding
only the consenting subject, may arise more easily and it is clear that in
this respect at least theory ought to recognise existing practice. Any legal
person may accept that another entity possesses personality in relation to
itself and that determination will operate only
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