Law of international organizations
Are you a State, a delegation, a permanent mission, a non-governmental organization, a foundation or a company that needs to negotiate an agreement with an international organization, analyse its privileges and immunities or structure an institutional relationship? The law of international organizations has features tied to their status, their constituent instruments, their internal rules and the agreements that frame their relations with States and other partners. The firm draws on direct institutional experience gained from within UNESCO.
Negotiating and drafting agreements with international organizations
Agreements with an international organization may concern institutional cooperation, funding, programme implementation, establishing a presence in a State or creating a partnership. Their legal nature and applicable regime depend on the parties, the subject matter and the relevant instruments. The services may include:
- legal analysis of draft agreements: identifying the obligations, risks and points requiring clarification;
- drafting and revising clauses: proposals and counter-proposals tailored to the client's objectives;
- support during negotiations: preparing legal positions and examining the amendments proposed by the other parties;
- interpretation and implementation of agreements: analysing contractual or institutional obligations and the difficulties that may arise during performance.
Particular attention may be paid to the applicable law, liability, privileges and immunities, intellectual property, the duration and termination of the agreement and dispute-settlement mechanisms.
Privileges and immunities of international organizations
The privileges and immunities of international organizations are intended, in particular, to allow them to carry out their functions independently. Their existence, scope and effects depend on the applicable texts, in particular international conventions, headquarters agreements and other relevant instruments. The firm can act on the following questions:
- status and legal personality: analysis of the organization's status and legal capacity;
- immunity from jurisdiction and enforcement: examining the applicable texts and the scope of immunities in a given situation;
- status of agents and partners: analysing the relevant legal regime, subject to the rules applicable to each category of persons;
- institutional rules and procedures: examining internal regulations, financial rules and policies where relevant to the matter;
- dispute settlement: analysing the available mechanisms, in particular negotiation, mediation or arbitration, taking account of the applicable clauses and any immunities.
The analysis must be carried out case by case: immunities are not the same as a general absence of liability, and their effects cannot be determined without examining the legal framework concerned.
Direct institutional experience within UNESCO
Ms Martin served at UNESCO's Office of International Standards and Legal Affairs, where she took part in negotiating agreements with member States, international organizations, non-governmental organizations and private entities. This institutional experience allows her to approach these questions with an awareness of the legal constraints and practices specific to international organizations.
Frequently asked questions
What is an agreement with an international organization?
An agreement with an international organization formalizes commitments between the parties within a defined legal framework. It may concern cooperation, funding, the implementation of a programme or the establishment of institutional relations. The applicable law and the effects of the agreement must be examined in the light of its nature, its parties and the relevant instruments.
Why instruct a lawyer to negotiate an agreement with the UN or UNESCO?
Legal analysis of an agreement makes it possible to identify the parties' obligations, the risks tied to the proposed clauses and the questions that call for negotiation. Organizations often use model agreements and standard clauses that are hard to change; a lawyer familiar with their practices identifies the negotiable clauses, the risks and realistic counter-proposals.
Can an international organization be sued before a national court?
Whether proceedings can be brought against an international organization depends on the immunities it enjoys, the applicable texts and the circumstances of the case. The existence and scope of an immunity must be examined case by case. A distinction must also be drawn between immunity from jurisdiction and questions relating to alternative dispute-settlement mechanisms.
Does the firm advise States, NGOs, foundations and companies?
Yes. The firm can act for institutional and private clients on questions within its field of practice, in particular on international agreements and legal relations with international organizations. The scope of the work is defined according to the matter and the client's needs.