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Intergovernmental Organizations Ð Internal and International Law

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Chapter Summary

The question of the legal concept of intergovernmental organizations (IGOs)- or, more precisely, of identifying their lower and upper limits-is interlinked with the question of the organization's status as a separate legal subject (legal personality) and of the existence of rights and obligations possessed by the organization under public international law (international legal personality). The term "international organization" is defined in various instruments simply as meaning an "intergovernmental organization", giving decisive importance to the membership consisting of States or State organs. The internal law applies to organizations whose organs are not (all and in all respects) subject to the jurisdiction of another self-governing community. The fact that intergovernmental organizations have capacity to perform international acts (capacity for action) as they are in a practical position to perform implies that such acts give rise to rights and obligations under international law.

Keywords:intergovernmental organizations (IGOs); internal law; international law; self-governing community

10.1163/ej.9789004166998.i-606.15
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