Studying the Legal Capacity of the International Organizations and its Impacts on Governments
Journal: International Journal of Nations Research (Vol.3, No. 36)Publication Date: 2018.12.21
Authors : Saeed D. Ardekani;
Page : 55-68
Keywords : International Responsibility; International Organizations; Legal Personality; Legal Capacity;
Abstract
International organizations have legal capacity as one of the subordinators of the international law and in accordance with their legal actions and authorities arising from their legal personality in the international system. The legal personality of international organizations renders them legal capacity to accomplish certain actions in the international system as well as the member states in accordance with the legal authority which is also reflected in Article 104 of the Charter of the United Nations. Therefore, all member states and the world community are obliged to comply with general and specific international organizations' decisions. However, some countries through a unilateral legal approach based on political interests, violate the general and specific international organizations decisions, and somehow their legal rights. Respecting the legal personality of international organizations and helping them with doing their tasks and applying their authorities effectively and efficiently at the domestic and international levels are the duties of the governments. The librarian research of the documents and founding treaties, and the field study of the operational procedures of international organizations show the delimitations of their legal capacity in recruitment, duties and authorities. The impressive international and domestic causes and factors of the international organizations arising from the international law subordinators are some of the questions that need to be answered and the legal solutions to tackle them should be provided. The lack of structural and managerial independence on the one hand, and the lack of effective enforcement guarantees, on the other hand is the main cause of the delimitations of the international organizations' legal capacity.
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