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THE LEGAL NATURE OF INTERNATIONAL ORGANIZATIONS

THE LEGAL NATURE OF INTERNATIONAL ORGANIZATIONS T H E LEGAL NATURE O F INTERNATIONAL ORGANIZATIONS By Professor Finn Seyersted I would like to make some brief general comments on Mr. Reuterswards article on this subject in Vol. 49 pp. 14 ff. of Nordisk Tidsskrift for International Ret. In a concrete discussion, dealing separately with each aspect, Reutersward supports the view of the Italian professor Rolando Quadri that international organizations are not subjects of international l a w - in reality it is their members which are such sub- jects. The article contains in my view many interesting and good observations, for example that international organizations are legal persons in national law and that their officials enjoy immunity f o r their official acts and that both of these principles apply even if there is no express provision to that effect. He also rightly points out that many of the arguments that have been advanced in favour of legal personality are not d e c i s i v e - for example those based upon the constitution of the Organiza- tion. However, when it comes to drawing a general conclusion as to whether the orga- nizations are subjects of international law, one must in http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Nordic Journal of International Law Brill

THE LEGAL NATURE OF INTERNATIONAL ORGANIZATIONS

Nordic Journal of International Law , Volume 51 (3-4): 203 – Jan 1, 1982

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Publisher
Brill
Copyright
© 1982 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0902-7351
eISSN
1571-8107
DOI
10.1163/157181082X00052
Publisher site
See Article on Publisher Site

Abstract

T H E LEGAL NATURE O F INTERNATIONAL ORGANIZATIONS By Professor Finn Seyersted I would like to make some brief general comments on Mr. Reuterswards article on this subject in Vol. 49 pp. 14 ff. of Nordisk Tidsskrift for International Ret. In a concrete discussion, dealing separately with each aspect, Reutersward supports the view of the Italian professor Rolando Quadri that international organizations are not subjects of international l a w - in reality it is their members which are such sub- jects. The article contains in my view many interesting and good observations, for example that international organizations are legal persons in national law and that their officials enjoy immunity f o r their official acts and that both of these principles apply even if there is no express provision to that effect. He also rightly points out that many of the arguments that have been advanced in favour of legal personality are not d e c i s i v e - for example those based upon the constitution of the Organiza- tion. However, when it comes to drawing a general conclusion as to whether the orga- nizations are subjects of international law, one must in

Journal

Nordic Journal of International LawBrill

Published: Jan 1, 1982

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