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There are two opposing views with respect to the role that international organizations play under international

law 1. Mankind is divided into States and the States are the units of the international system. There is no room for other actors in international law. - International organizations are only means for co-operation between States. - They have no personality of their own, their decisions are the collective acts of a group of State - They cannot impose obligations upon States and States are always free to withdraw from the international organizations of which they are members 2. States are not the only and natural units in which mankind should be divided. - Mankind is one unity subdivided only for the practical necessity of efcient government. - An international organization is a larger unit and therefor a hierarchically higher unit than the State. As such, it is qualied to oblige States to perform or not to perform particular activities or its should evened have the right to make rules of law for individual citizens. II. Legal Status 1. Personality A. Capacity to act under International Law - Courts are willing to accept that international organizations can contract, acquire and dispose of property and institute legal proceedings, even if there States are not parties to the treaties by which such capacities are granted B. Liability under National Law - Liable in the same ways as any individual citizen - Immunity Legal Personality of International Organizations - Criteria of Legal Personality by Brownlie (check book, pp. 36) - Insert reparations Case - Put last paragraph here Comment: It seems that the personality of the IO depends upon its charter - Insert Schemers Article on what the UN Charter is - Is it a treaty or a constitutions similar to that of a State Rights of International Organizations = Right to take cognizance international matters a. Inherent Jurisdiction b. Implied powers 1. Right to bring international claims

2. Treaty-making capacity 3. Right to Establish Diplomatic Relations 4. Right to recognize Other Subject of International Law Conclusion: The powers of a State and International Organizations might seem to be intricately woven and similar with each other. But the international community is still not able to accept whoever among the two holds more power. It might be due to because there afraid of what would happen.

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