3.3 International Institutions

The Reparations for Injuries case (ICJ Advisory Opinion, 1949) — the charter of IO personality: the UN possesses international legal personality — "a subject of international law and capable of possessing international rights and duties" — inferred from the Charter's ends and functions (the implied powers doctrine of the same case family); yet not a super-state — personality sui generis, functional: capacity proportionate to the organization's purposes. Features of IO personality: treaty-making capacity (the 1986 Vienna Convention on treaties of organizations); privileges and immunities (Unit 7); claim-bringing (the Reparations claim itself — for staff injuries); responsibility (the ILC's 2011 Articles on Responsibility of International Organizations — the mirror of ARSIWA); HQ agreements. The personality's source: the constituent treaty — derivative, consent-based. Examples by capacity: the UN (broadest); the specialized agencies; the EU (the most state-like — express personality, foreign-relations competence, its own court); the WTO's member-driven contrast. (Nepal's practice: a UN member since 1955, a WTO member since 2004, party to the regional organizations — SAARC, BIMSTEC — whose personality is the same functional kind.)