1. Rise of International Organisations

1.1 Historical Development

International organisations as we know them today are largely a product of the 19th century, though their antecedents can be found in ancient history — the Amphictyonic councils of ancient Greece, the medieval Hanseatic League, and the Swiss Confederation. Modern international organisations emerged in response to the need for permanent mechanisms of interstate cooperation beyond episodic diplomatic conferences.

Key milestones in the rise of IOs:

• Rhine Commission (1815): First modern international organisation — established to manage navigation on the Rhine river
• Administrative Unions (19th century): International Telegraphic Union (1865), Universal Postal Union (1874) — functional organisations addressing technical coordination needs
• Hague Peace Conferences (1899, 1907): Attempted codification of the laws of war; 44 states participated in 1907
• International Labour Organisation (1919): Established at the Paris Peace Conference; notable for tripartite representation (governments, employers, workers)
• League of Nations (1919): First universal political organisation; aimed at collective security and prevention of war; failed but paved the way for the UN
• United Nations (1945): Established by the UN Charter following World War II; 51 founding members; now 193 members
• Bretton Woods Institutions: IMF and World Bank created in 1944 for international monetary and economic stability
• Post-Cold War proliferation: ICC (1998), Human Rights Council (2006), numerous regional organisations and treaty bodies

1.2 Definition of International Organisations

Essential characteristics of an international organisation:

1. Established by a treaty (or other instrument governed by international law)
2. Members are primarily states (though other entities may participate)
3. Possesses its own organs with distinct powers
4. Has international legal personality — capable of having international rights and duties
5. Possesses legal capacity in domestic legal systems of its members

1.3 Classification of International Organisations

1.4 Intergovernmental vs. Supranational Organisations

Intergovernmental organisations (IGOs): The typical form. Member states retain their sovereignty. Decisions require unanimity or consensus. Rules do not have direct effect in domestic legal orders. Examples: UN, WTO, NATO.

Supranational organisations: Member states have transferred portions of sovereignty. Decisions can be taken by majority vote and bind member states that voted against. Decisions may have direct effect in domestic legal systems. The EU is the only clear example of a supranational organisation.

Three distinctive features of the EU as supranational:

1. Binding decisions by majority vote — overruling dissenting member states
2. Supremacy of EU law over conflicting domestic law (Costa v. ENEL, 1964)
3. Direct effect — EU law can be invoked by private individuals in domestic courts (Van Gend & Loos, 1963)

1.5 India and International Organisations

India has been an active participant in international organisations since independence and played a significant role even before — as a member of the League of Nations and one of the original signatories of the UN Charter (1945).

India’s key positions:

• Co-founder of the Non-Aligned Movement (NAM) — resisting Cold War power blocs
• Active in UN peacekeeping operations — one of the largest contributors of troops
• Member of WTO, IMF, World Bank, SAARC, BRICS, SCO, G20
• Supports reform of the UN Security Council — seeks permanent membership (P5+1 discussions)
• Critical of international institutions that reflect post-WWII power structures rather than current global realities
• Pioneer of the concept of Third World multilateralism and South-South cooperation

2. Legal Personality, Constituent Instrument and Powers

2.1 International Legal Personality of IOs

For an international organisation to act on the international plane — entering treaties, bringing international claims, enjoying privileges and immunities — it must possess international legal personality. However, unlike states (which have general personality by virtue of their statehood), IOs have a functional personality — limited to the purposes and functions for which they were created.

The key question posed in the Reparation Case — “does the Charter attribute international personality to the Organisation?” — was answered affirmatively by the ICJ through a functional analysis: given the purposes and functions of the UN, it must be deemed to possess the rights and capacities necessary to fulfil those functions.

2.2 Constituent Instrument

Every international organisation is founded on a constituent instrument — typically a multilateral treaty that establishes the organisation, defines its purposes and principles, and creates its organs. The constituent instrument is both the constitution of the organisation and a treaty binding its member states.

Key features of constituent instruments:

• Unlike ordinary treaties, they create institutional structures — organs with distinct competences
• They are interpreted teleologically — in light of the organisation’s purposes and functions
• Amendments follow specific procedures often requiring supermajority approval
• Constituent instruments can create subsidiary organs (e.g., UN Charter Art. 22 — GA; Art. 29 — SC)

2.3 Express and Implied Powers

The implied powers doctrine was first articulated by the PCIJ in ILO Advisory Opinion No. 13 (1926) and affirmed by the ICJ in the Reparation for Injuries Case. It prevents paralysis of international organisations by gaps in their founding documents.

Examples of implied powers:

• UN’s power to bring international claims on behalf of its agents (Reparation for Injuries Case)
• UN’s power to establish peacekeeping operations (Certain Expenses Case)
• UN’s power to establish international criminal tribunals (ICTY, ICTR — created by Security Council resolutions)
• WHO’s competence to give advisory opinions on legality of nuclear weapons

2.4 Creation of Customary International Law by IOs

IOs can contribute to the formation and development of customary international law through:

• State practice within IOs: How states vote, how they behave in IO contexts contributes to state practice
• Resolutions of GA and SC: Can reflect or crystallise custom, and may create opinio juris (Nuclear Weapons Advisory Opinion)
• Practice of IOs themselves: IOs’ own institutional practice (treaty-making, decision-making) can constitute practice for customary law purposes
• Declarations and Resolutions: UNGA Res. 2625 (Friendly Relations Declaration), 3314 (Definition of Aggression) — authoritative interpretations of customary law

2.5 Key Cases

3. Responsibility of International Organisations

3.1 ILC Articles on Responsibility of International Organisations 2011

Just as states can commit internationally wrongful acts (ILC Draft Articles 2001), international organisations can also bear international responsibility. The ILC adopted the Articles on the Responsibility of International Organisations (ARIO) in 2011.

3.2 Attribution to IOs

Conduct is attributable to an IO when it is that of an organ or agent of the IO, acting in that capacity. Key rules (ARIO Arts. 6-9):

• Art. 6: Conduct of organs and agents acting in official capacity is attributable to the IO
• Art. 7: Conduct of organs/agents seconded by states to the IO — attributed to the IO to the extent it exercises effective control over their conduct
• Art. 8: Conduct acknowledged and adopted by the IO as its own

3.3 Derived Responsibility

An IO can also be held responsible for aiding or assisting a state in committing an internationally wrongful act, or for directing and controlling the act. Additionally, member states can bear derived responsibility for the wrongful acts of IOs in certain circumstances — notably when the state has circumvented its own obligations by routing action through an IO (Art. 61 ARIO).

4. Privileges and Immunities of International Organisations

4.1 Rationale and Sources

International organisations need immunity from domestic jurisdiction to function effectively and independently. Without immunity, member states could obstruct an organisation’s work by subjecting it to domestic legal processes. The rationale is functional — similar to diplomatic immunity but not identical.

Sources of IO privileges and immunities:

• General Convention on the Privileges and Immunities of the United Nations, 1946
• Convention on the Privileges and Immunities of the Specialised Agencies, 1947
• Headquarters agreements between the IO and the host state
• Customary international law (for IOs not covered by specific conventions)

4.2 Scope of UN Privileges and Immunities

4.3 Key Advisory Opinions

5. United Nations — Structure, Powers and Functions

5.1 UN Charter — Purposes and Principles

5.2 General Assembly

The UNGA is the plenary organ of the UN — all 193 member states participate with one vote each (Art. 18). It is the main deliberative, policymaking, and representative organ.

Powers of the General Assembly:

• Considers and makes recommendations on any questions within the scope of the Charter (Art. 10)
• Discusses peace and security (but if SC is seized of matter, GA can only discuss, not recommend — Art. 12)
• Approves the UN budget and apportions expenses (Art. 17)
• Elects non-permanent members of SC (Art. 23), all members of ECOSOC, ICJ judges (jointly with SC)
• Admits new members on recommendation of SC (Art. 4)
• Adopts resolutions (not legally binding on states, except on internal UN matters)
• Can act on peace/security if SC fails due to veto — Uniting for Peace Resolution (Res. 377, 1950)

Voting: Important questions (peace/security, budget, membership) require 2/3 majority. Other questions decided by simple majority.

5.3 Security Council

The SC has primary responsibility for the maintenance of international peace and security (Art. 24). It has 15 members — 5 permanent (P5: US, UK, France, Russia, China) and 10 non-permanent elected for 2-year terms by the GA.

SC Powers under the Charter:

• Chapter VI (Pacific Settlement): Investigate disputes, recommend procedures or terms of settlement
• Chapter VII (Action with respect to Threats to Peace):
  • Art. 39: Determine existence of threat to peace, breach of peace, or act of aggression
  • Art. 40: Call upon parties to comply with provisional measures
  • Art. 41: Non-military measures (sanctions, severance of relations, embargoes) — legally binding on all members (Art. 25)
  • Art. 42: Military force — if non-military measures are inadequate; authorise use of force
• Refer situations to ICC (Art. 13(b) Rome Statute)
• Recommend Secretary-General for appointment
• Recommend admission of new members

5.4 Secretariat and Secretary-General

The Secretariat (Art. 97-101 UN Charter) carries out the day-to-day work of the UN. It is headed by the Secretary-General — “the chief administrative officer of the Organization.” The SG is appointed by the GA upon the recommendation of the SC.

The SG has a unique function under Art. 99 — may bring to the attention of the SC any matter which in their opinion may threaten international peace and security. This gives the SG a significant independent political role.

5.5 UN Specialised Agencies

The UN family includes numerous specialised agencies brought into relationship with the UN under Art. 57 (inter-agency agreements). Each has its own constitution, budget, and membership. Examples:

• ILO (International Labour Organisation)
• FAO (Food and Agriculture Organisation)
• UNESCO (Educational, Scientific and Cultural Organisation)
• WHO (World Health Organisation)
• ICAO (International Civil Aviation Organisation)
• IMF and World Bank (Bretton Woods institutions)
• WTO (technically not a specialised agency but cooperates closely)

6. European Union

6.1 Development of European Integration

European integration began in the aftermath of World War II with the vision of preventing another European war through economic and political interdependence.

6.2 Institutions of the EU

• European Parliament: Directly elected by EU citizens; legislative and budgetary powers; political control over Commission
• European Council: Heads of state/government; defines general political direction; Permanent President
• Council of the EU (Council of Ministers): Representatives of member state governments; co-legislator; uses QMV for most decisions
• European Commission: “Guardian of the Treaties”; executive body; right of legislative initiative; enforces EU law; 27 commissioners (one per member state)
• Court of Justice of the EU (CJEU): Ensures uniform interpretation of EU law; preliminary rulings; infringement proceedings; annulment actions
• European Central Bank: Monetary policy for the Eurozone
• Court of Auditors: Audit EU finances

6.3 EU Law — Supremacy and Direct Effect

7. International Court of Justice

7.1 Composition and Structure

The ICJ is the principal judicial organ of the UN (UN Charter Art. 92; ICJ Statute Art. 1). It sits at the Peace Palace in The Hague, Netherlands. The Court consists of 15 judges elected by the GA and SC for 9-year terms; re-election is possible. No two judges may be nationals of the same state.

A state party to a contentious case that does not have a judge of its nationality on the Court may appoint an ad hoc judge (judge ad hoc) for that case.

7.2 Contentious Jurisdiction

The ICJ settles disputes between states — only states may be parties in contentious proceedings (Art. 34 ICJ Statute). Jurisdiction in contentious cases is consensual — both parties must have accepted the Court’s jurisdiction. Bases of jurisdiction:

• Special agreement (compromis): States agree in advance or after a dispute arises to submit to the Court
• Treaty clause: Many multilateral and bilateral treaties confer jurisdiction on the ICJ for disputes arising under the treaty
• Optional clause (Art. 36(2)): States may make a unilateral declaration accepting the Court’s compulsory jurisdiction over all legal disputes with other states accepting the same obligation (reciprocity applies)
• Forum prorogatum: A state’s implicit acceptance through conduct after proceedings have been initiated

7.3 Advisory Jurisdiction

The ICJ may give advisory opinions on any legal question at the request of the GA, SC, or other authorised organs and specialised agencies (UN Charter Art. 96; ICJ Statute Art. 65). Advisory opinions are not legally binding in the formal sense, but carry great moral authority and influence the development of international law.

Important Advisory Opinions:

• Reparation for Injuries (1949) — legal personality of the UN
• Certain Expenses (1962) — peacekeeping expenses
• Legality of Nuclear Weapons (1996) — cannot conclusively determine legality in extreme self-defence
• Legal Consequences of the Construction of a Wall (2004) — Israeli barrier in occupied Palestinian territory violates international law
• Kosovo Advisory Opinion (2010) — unilateral declaration of independence did not violate international law
• Chagos Archipelago (2019) — UK must end administration of Chagos Islands

8. International Criminal Court

8.1 Rome Statute — Overview

The Rome Statute of the International Criminal Court was adopted on 17 July 1998 and entered into force on 1 July 2002. The ICC is the first permanent international criminal court — distinct from the ad hoc tribunals (ICTY, ICTR) that were created by the Security Council for specific conflicts.

8.2 Jurisdiction of the ICC

The ICC’s jurisdiction is limited and subject to multiple conditions. There are four types of jurisdiction:

• Ratione materiae: Genocide, Crimes against Humanity, War Crimes, Crime of Aggression
• Ratione temporis: Crimes committed after 1 July 2002 (date of entry into force). For states that later join, only crimes after accession.
• Ratione loci: Crimes committed on the territory of a state party, or of a state that accepts jurisdiction
• Ratione personae: Natural persons who were 18 or older at time of the crime. No jurisdiction over states or corporations.

Triggers for ICC jurisdiction (Art. 13):

1. State party refers a situation to the Prosecutor
2. UN Security Council refers a situation (under Chapter VII) — this allows jurisdiction even over non-state parties (e.g., referral of Sudan/Darfur in 2005)
3. Prosecutor initiates investigation proprio motu (on own initiative), subject to Pre-Trial Chamber authorisation

8.3 Crimes within ICC Jurisdiction (Articles 6-8bis)

8.4 General Principles of Criminal Law (Articles 22-33)

8.5 India’s Position on the ICC

India participated in the Rome Conference (1998) but ultimately did not sign or ratify the Rome Statute. India’s concerns include:

• SC referral power: The ability of the SC P5 (including permanent members not party to the Statute) to refer situations to the ICC gives veto-wielding states control over ICC jurisdiction — this was seen as selective and politically motivated
• Nuclear weapons: India (a nuclear-armed state) opposed the inclusion of nuclear weapons use as a war crime
• Jurisdiction over non-parties: The ICC can exercise jurisdiction over nationals of non-state parties through SC referrals — India sees this as contrary to the principle of state consent
• Definition of aggression: India’s concerns about how the crime of aggression might be applied to its own actions
• Complementarity concerns: India has a functioning judicial system and questions whether the ICC complementarity test would be fairly applied