International Organizations and Their Host States: Aspects of Their Legal Relationship: Muller, A. S.: 9789041100801: Book: History: eCampus.com

Since 1945 there has been a tremendous growth in the number of international organizations, leading to the development of a body of law regulating the relationship between the organizations and their host states. "International Organizations and their Host States" examines the relationship from a practical perspective.
Before examining the legal status, privileges and immunities that have commonly been granted to international organizations, the diverse sources where the law can be found are brought together in a new concept: the "host arrangement." This concept forms an anchor for the examination of the following aspects of the legal relationship: the legal personality of the organization, the status of its seat, the inviolability of its premises, assets and archives, its jurisdictional immunity, its communications privileges, and its fiscal, customs and financial privileges. In conclusion, the legal concepts underlying the relationship between international organizations and their host states are analyzed and suggestions are made on improving the coherency of the law.

List of Abbreviations

xiii

Part I: Introductions and Definitions

Introduction

(1)

General Scope of the Study: the Parties

(12)

The first limitation: international organizations

(5)

The second limitation: the entity, not the persons

(3)

Subsidiary organs of the organization

(1)

The state

(2)

Summarizing

(1)

Development of the Law

(2)

The Nature of the Relationship between International Organizations and their Host States

(6)

Conclusion

(2)

Host Arrangements

Introduction

(3)

Host Agreements Constituent Treaties

(3)

Host Agreements and Multilateral Conventions

(9)

Introduction

(2)

The General Convention

(2)

The Specialized Agencies Convention

(2)

Other multilateral conventions on privileges and immunities

(2)

Conclusion

(1)

Host agreements and Supplemental or Additional Agreements

(7)

Introduction

(1)

The United Nations

(4)

The Specialized Agencies

(1)

Other organizations

(1)

Conclusion

(1)

Host agreements and International Customary Law and Decisions of International Tribunals

(7)

International customary law

(4)

Decisions of international tribunals

(3)

Conclusion

(1)

Host Agreements, National Legislation and Decisions of National Tribunals

(8)

Introduction

(1)

Laws enacted in connection with the host agreement

(4)

The general law of the land

(1)

Decisions of national tribunals

(2)

Conclusion

(1)

A Hierarchy of Norms?

(3)

Concluding Observations

(4)

Part II: Legal Personality

Legal Personality of International Organizations

Introduction

(3)

Legal Personality on the International Level

(16)

When does an international organization have international legal personality?

(9)

What consequences, if any, result from international legal personality?

(4)

Conclusion

(2)

National Legal Personality

(28)

Introduction

(5)

The capacities and their contents

(1)

The capacity to contract

(2)

The capacity to acquire and dispose of immovable and movable property

(2)

The capacity to institute legal proceedings

(1)

Concluding

(1)

Codification and application in practice

(1)

The United States

(4)

Switzerland

102

(4)

The United Kingdom

106

(5)

The Netherlands

111

(5)

Conclusion

116

(1)

General Conclusion

116

(5)

Part III: The Seat, Privileges, and Immunities

The Seat of International Organizations

Introduction

121

(1)

The Description of the Seat

122

(7)

The provisions used in host arrangements

122

(2)

The provisions on the seat in their practical setting

124

(5)

Laws applying to the Seat

129

(9)

The myth

129

(2)

Provisions in host arrangements

131

(3)

The right of the organization to issue regulations

134

(4)

Conclusion

138

(1)

Owner, Tenant or other User?

138

(4)

Supply of Public Services and other Amenities

142

(3)

Conclusion

145

(4)

Immunity From Legal Process

Introduction

149

(2)

International Immunity and Functional Necessity

151

(4)

Immunity From Legal Process in Host Arrangements

155

(7)

Waiver of Immunity

162

(9)

Jurisdictional Immunity in Practice

171

(5)

Settlement of Private Law Disputes

176

(6)

Conclusion

182

(3)

Inviolability of Premises, Assets and Archives of the Organization

Introduction

185

(1)

Inviolability of Premises, Assets and Grounds of the Organization

186

(16)

What is inviolable?

186

(3)

No entry without permission

189

(1)

Emergency and national security situations

190

(4)

Protection of the seat by the host state

194

(4)

Interference through legal and quasi-legal means

198

(4)

Inviolability of the Archives

202

(5)

Conclusion

207

(4)

Freedom of Communication

Introduction

211

(2)

Scope of the Privilege

213

(3)

Abstention and Protection

216

(1)

Extent of the Official Communications and Publications

217

(3)

Means of Communication

220

(7)

The diplomatic bag

220

(4)

Radio, post, railway and airport

224

(3)

Priority treatment for Communications

227

(3)

Conclusion

230

(3)

Fiscal, Customs, and Financial Immunities

Introduction

233

(3)

Fiscal Immunities: Contents

236

(15)

Introduction

236

(4)

Direct taxes

240

(1)

Direct taxes and public utility services

241

(3)

Direct taxes and social security contributions

244

(2)

Indirect direct taxes

246

(1)

Indirect taxes

247

(4)

Exemptions from Customs Duties and All Export and Import Restrictions

251

(5)

Freedom to Hold, Transfer, and Convert Funds, Gold and Currency

256

(5)

Conclusion

261

(4)

Part IV: Conclusion

Final Conclusion

The Starting Point: Host Arrangements

265

(2)

The Substantive Provisions

267

(14)

Legal personality

267

(2)

The seat

269

(2)

Jurisdictional immunity

271

(1)

Inviolability

272

(1)

Communications

273

(1)

Fiscal, customs, and financial immunities

274

(1)

Miscellaneous: the settlement of disputes

275

(6)

The Host Arrangement and its Contents: Underlying Concepts and Principles

281

(4)

An Outlook to the Future

285

(4)

Bibliography

289

(14)

Index

303


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