International Legal Personality Analysis

Implied power, functional necessity

The reading of the AO raises a number of questions, especially if one automatically asks the same questions in a reverse way and takes into consideration the contemporary realities in the context of the IO operations and functioning, in particular such issues as responsibilities of international organizations towards third (member and non-member) states, immunities and privileges, their accountability, or liability, what is the definition of of legal personality of IOs, is there or should there be general definition of IOs international legal personality.

The current paper will analyze the Court’s theoretical approach while answering the questions.

Subjective (Constitutive) theory – The existence of

legal personality, such as that it has concluded international agreements , has its organs , distinct from member states, special tasks , defined position of the member-states in relation to the Organization , exercises functions , enjoy rights is an indication that it has a “large measure of international personality” and capacity to operate upon an international plane. It should be noted that the Court strictly defines the elements of international legal personality of international organizations. Moreover, according to the Court, international legal personality is necessary for the UN to operate effectively in international plane. Thus, as a consequence of the possession of that international legal personality, IO has a capacity to bring a claim in international plane

Thus, when bringing a claim in international plane, the UN performs greater or lesser բլա–բլա.

Importance:
The possession of an international legal personality is important to be able to conclude agreements, to claim responsibilities from other subjects of IO, to possess international rights and duties, to have autonomy (functional)
A strict definition of an international legal personality of an international organization is not of utmost importance. What we learn from the Reparations AO is that it depends on the functions (means) given to it by its members for the purposes (ends) of a certain IO to determine its international legal personality.

– The Court: the UN is obliged to protect its agents who perform their functions which are functions of UN at the same time (Upon examination of the character of the functions entrusted to the Organization and of the nature of the missions of its agents, it becomes clear that the capacity of the Organization to exercise a measure of functional protection of its agents arises by necessary intendment out of the Charter). “Functional necessity” (Blokker).

Conclusion
Existence of Personality depends on