International Law Notes

Montevideo Convention and Statehood

• Under the Montevideo Convention of 1933, a state must possess:
  • A permanent population.
  • A defined territory.
  • A government.
  • The capacity to enter into relations with other states.

Government vs. State

• A government is distinct from a state.
• A state's rights and duties persist even when governments change.
• Example: Tinoco Case (Arb. 1923)
  • A Costa Rican dictator, Tinoco, entered contracts with Britons and issued banknotes.
  • After his overthrow, the new government refused to honor these contracts or banknotes.
  • Held: Although Tinoco's regime was not recognized by the UK and was illegal under Costa Rican law, his actions were binding on subsequent governments because he was the ruler.

Suzerainities, Protectorates, Colonies, and Provinces

• These entities can have some relations with foreign states but cannot fully decide their political and military relations.
• Example: Hong Kong
  • HK is a member of 29 international organizations and a party to approximately 200 treaties.

Legal Equality of States

• A significant right of a state is legal equality.
• All states are entitled to be free from the threat or use of force.
• States possess the right of self-defense.
• Example: Nicaragua v. US (ICJ 1986)
  • Held: Each country has an equal right to determine its own system.
  • The US, by supplying guerrillas attempting to overthrow the Nicaraguan government, violated international law.

Rights of States

• States have equal votes in international organizations.
• They have an equal right to treaties and other relations with other states.
• A state has the right to exercise territorial sovereignty:
  1. Over land, territorial waters, and contiguous maritime zones.
  2. Over certain resources on the continental shelf and exclusive economic zones.
  3. Over superjacent air space and over its ships at sea.

Territorial Disputes

• Many disputes exist over territory.
  1. Burkina Faso/Mali Case (ICJ 1986)
     • Held: The principle of $uti possidetis$ (“as you possess, so shall you continue to possess”) should apply in an African context.
  2. Minquiers and Ecrehos Case (ICJ 1953)
     • Dispute over islets in the English Channel.
     • The ICJ stressed the exercise of state functions in the disputed territory.

Terra Nullius and Terra Communis

• Some territory is $terra nullius$, belonging to no one; for example, all territory conquered by European colonialists.
• Other territory is $terra communis$ (res communis), belonging to all; for example, Antarctica or the moon.

Ways to Acquire Territory

• Five ways to acquire territory:
  1. Occupation: Acquisition of $terra nullius$. Uncommon today but relevant to claims from colonial times.
     • The occupier must have had the intention to act as sovereign.
     • In disputes, states may show that their ex-colonial masters occupied the territory.
     • Example: Island of Palmas Arbitration
       • The US claimed the island as a successor to Spain, but the arbitrator held that the Netherlands had acted as sovereign for many years.
  2. Annexation: Usually a transfer as a consequence of war; lawful only if recognized by other states.
  3. Accretion: New territory added through natural causes, e.g., river shifts.
  4. Prescription: Consequence of the peaceable exercise of de facto sovereignty over territory for a long time.
     • Similar to adverse possession in municipal law.
     • Example: Frontiers Lands Case (Belgium vs. Netherlands) (ICJ 1959)
       • Netherlands officials carried out some functions in the disputed border area without objection from Belgians, but a treaty showed the territory to be Belgian.
  5. Cession: Voluntary transfer of territory, e.g., Alaska; compulsory transfer, e.g., Hong Kong.

Acquiescence and Estoppel

• Considered in deciding whether a state has lost territory.
• Acquiescence is a failure to protest.
• Estoppel is where State A makes a statement of fact, and State B acts on it. State A cannot then deny the truth of its statement if State B will suffer a loss.
• Example: Eastern Greenland Case
  • Norway in 1919 said it recognized Denmark’s claim and could not in 1931 deny the truth of that statement.

Recognition of State

• Recognition of a state is an act where State A acknowledges that country B possesses the attributes of statehood.
• If State A doesn’t recognize State B:
  • B's government can’t sue in A’s courts.
  • B’s acts will not be accorded comity.
  • B’s representatives will not be given immunity from legal process.
  • B may not be able to recover its property.
• There is no duty for one state to recognize another, nor to withdraw recognition.

Theories of Recognition

• Two theories of recognition:
  1. Constitutive theory: A state does not exist until it is recognized by other states.
     • Example: Ex-East Germany only existed when West Germany and Western states recognized it.
  2. Declaratory theory: When other states recognize a particular state, they are simply declaring an already existing fact.
     • Example: East Germany said this when it was recognized by other states.

Recognition Criteria and Exceptions

• States that meet the four Montevideo Convention criteria are usually recognized.
• Exceptions: Israel, “Manchukuo.”
• If a state is destroyed through revolution or emancipation, the successor state is not generally bound by the obligations of the preceding state.
• Example: The US is not bound by the obligations of the British crown for American colonies.
• But if a state remains the same, its rights and duties remain the same, even if there's a revolution.
• Example: Post-Nazi West Germany took on obligations created by the criminal behavior of the Third Reich, e.g., for war crimes reparations.
• Recognition of a government is often withheld for political reasons.
• Non-recognition can mean no sovereign immunity, i.e., no escape from being sued without consent.
• Non-recognition may mean that if State B doesn’t recognize State A’s government, State A’s law cannot be applied by a State B court, even if a contract requires that State A’s law be applied.
• Some states never recognize governments but only states (Estrada Doctrine).
• They either maintain diplomatic relations or not.
• Severance of relations is not withdrawal of recognition.

De Jure vs. De Facto Recognition

• Distinction made between de jure and de facto recognition.
• The UK gives de jure recognition if:
  1. The regime is stable and permanent.
  2. The population supports the regime.
  3. The regime will carry out its international obligations.
• De facto recognition is provisional but can bring advantages: trade can develop, and the regime can protect its citizens abroad.
• The distinction between de jure and de facto recognition is important when a displaced de jure government contends with a new de facto government.
• Example: Arntzacu Mendi Case (House of Lords, 1939)
  • During the Spanish Civil War, the de jure Spanish government sued the insurgent de facto government over ownership of a ship handed over by the British.
  • The insurgent government claimed sovereign immunity, and the suit was dismissed.
  • The ruling by Lords was criticized for treating the de facto regime on the same level as the de jure regime.

Limitations of De Facto Recognition

• Only a de jure regime can:
  1. Claim property in the territory of the recognizing state.
  2. Espouse the claim of a national for injury done by the recognizing state.
  3. Expect that territory it grants independence will automatically be recognized by other states.
• Some states fear that if they have any relations with another state, this implies recognition.
• States try to avoid “premature recognition,” which may be seen as hostile to the existing government.
• Example: France recognized the US in 1778 while the US was still fighting for independence from Britain. Britain saw this act as a declaration of war.
• The foreign ministry decides whether a government is recognized and informs the court if recognition is in question.

Recognition in Civil Wars and Jurisdiction of States

• Recognition is crucial in civil wars. If a state recognizes the belligerent status of rebels, then it becomes a neutral.
• Allows the legitimate government to claim immunity from suit for rebels’ acts against the recognizing state's property.
• Jurisdiction of states is the legal power to exercise government functions:
  1. Universal jurisdiction: Created by international law, e.g., UN jurisdiction to send out peace-keepers.
  2. Domestic jurisdiction: State functions not subject to interference from other states.
     • Example: A state may hire only its citizens as diplomats.
• Every state has territorial jurisdiction over all persons and things within its territory.

Territorial Jurisdiction

• Formerly thought that no state could assert jurisdiction outside its own territory.
• Example: American Banana Co. v. United Fruit Co. (US S.Ct. 1909)
  • Held: US antitrust law can’t be applied to a US company that conspired abroad against another US company.
• Today, prescriptive jurisdiction (capacity to make law) can be based on nationality and exercised extra-territorially.
• For example, many states claim jurisdiction over crimes committed by their nationals in other states.
• The UK does so as to murder, treason, and bigamy.
• Example: Blackmer v. US (US S.Ct. 1932)
  • A US official flees to France, is served with a summons, and refuses to return. Held: Blackmer still owes allegiance to the US.
• Example: Lord Haw Haw Case
  • An American who got a UK passport and then broadcast for Nazis was tried for treason.
• Enforcement jurisdiction is limited to the territory of the state.
• Thus, extradition warrants are needed.

Extradition Law

• Several rules of extradition law:
  1. Must have double-criminality -- the crime must be punishable in both states.
  2. Specialty -- a person can only be tried for crimes listed in the warrant.
  3. Political offenders exception.

Broad Interpretation of Territorial Jurisdiction

• States give a broad interpretation of territorial jurisdiction: set one foot on a state‘s territory, and it has jurisdiction.
• Example: Wildenhus Case (US S.Ct. 1887). US could try a Belgian sailor for murder on a Belgian ship in a US port.
• Subjective territorial principle: State A has jurisdiction over crimes commenced on its territory but completed in State B.
• Used in drug and counterfeiting cases.
• Objective territorial principle: State A has jurisdiction over crimes commenced in State B that affect State A.
• Example: Lotus Case
  • Turkey took jurisdiction because its territory (a ship) was affected.
• The objective territorial principle might be applied against a head office of a company in State A that produced effects in State B.
• “Effects doctrine” is used by the US in anti-trust cases.
• Example: US v. Alcoa (US S.Ct. 1945): A Canadian firm in Switzerland conspired to restrict imports to the US.
  • Held: The Canadian firm could be sued in US courts.
• The UK and other countries object to the effects doctrine.
• In criminal law, attempts are made to limit a state‘s extension of jurisdiction outside its territory.
• Example: Cutting Case (US S.Ct. 1887). An American was arrested in Mexico after publishing an article in Texas that libeled a Mexican.
• The US argued that someone temporarily in a foreign country should not be prosecuted. The US position was widely supported.
• Under US and UK domestic law, courts can do little to question how a person was brought into jurisdiction.
• Besides the territorial principle, jurisdiction can also be based on nationality.

Nationality

• Nationality at birth has two bases:
  1. $Jus Sanguinis$: Right of the blood
     • By descent from citizen parents
     • Used in Europe and China
     • A child usually gets the nationality of the father.
  2. $Jus Solis$: Right of the soil
     • By birth within the state
     • Used in the US and UK
     • Diplomats don‘t have this right.
• Nationality can be acquired by marriage and naturalization.

Corporation’s Nationality

• A corporation‘s nationality is:
  • The same as the state of incorporation for purposes of treaty rights and many other rights.
  • The state where it has its principal place of business for purposes of foreign exchange controls.
• The nationality of corporators or shareholders is usually irrelevant.

Jurisdiction Extension

• The nationality of a criminal victim is now used to extend jurisdiction extra-territorially.
• Example: US v. Yunis. American agents capture, in international waters, a Lebanese who hijacked a Jordanian airliner with US passengers.
• Besides the territorial principle,
• The court used the universality principle: all states have jurisdiction to prosecute some crimes.

Universality Principle and Treaty Provisions

• Piracy and war crimes can be prosecuted by all states.
• Murder by torture may also be in this category, as in the Filartiga Case.
• Jurisdiction may be provided for by treaty: Quasi-universal principle.
• Examples: states, by treaty, may act extra-territorially to prevent slavery, damage to submarine cables, etc.

Treaties on Hijacking and Protective Jurisdiction

• Many treaties on hijacking provide many bases for jurisdiction.
• But states do not have to extradite hijackers.
• Some states, e.g., the US and Israel, have claimed jurisdiction to capture terrorists.
• Some states claim “protective jurisdiction”: apply the state's laws to conduct outside its territory by people not its nationals where the law is designed to protect state security.
• Example: US v. Pizzarusso (US S.Ct. 1968). A foreign citizen in Canada made false statements in applying for a US visa there.

Sovereign Immunity

• States and persons sometimes claim immunity from jurisdiction. Usually involves arrest or lawsuit.
• The claim is that the person is not attached to the state.
• Sovereign immunity shields states from municipal courts.
• Example: Schooner Exchange v. McFadden (US S.Ct. 1812)
  • The French warship Balaou enters the US and turns out to be the US merchant ship Schooner Exchange.
  • France claims and receives sovereign immunity for the ship.
• Bases for sovereign immunity include comity and unenforceability.
• Another example: Parliament Belge Case (Lords, 1879). The Belgian King’s ship damaged a UK ship, and the UK owner sued. The case was dismissed.
• The present principle is that where state activity is commercial ($acta gestionis$) and not governmental ($acta imperii$), there is no sovereign immunity.
• Example: Victory Transport Case (US S.Ct. 1976): although the defendant was a Spanish ministry, the act of chartering a ship was commercial.
• Example: The Philippine Admiral Case (Privy Council)
  • A ship owned by the Philippines government was sued in HK. The court held that since the Philippines government could be sued at home for commercial activity, it could also be sued in HK.
• Sovereign immunity can also be lost where a government waives it.
• Waived in many treaties of friendship & navigation.
• Waived where the government sells bonds.
• Even if the government completely controls the company, it may not claim immunity (Czarnkiow Ltd. v. Rolimpex, Lords, 1979).
• Sometimes it's hard to tell if an action is $res gestionis$ or
  res imperii
  .
• Example: Primer Congreso del Partido (1981)
  • Cuba has a contract with a UK company to ship sugar to Chile.

Sovereign Immunity (cont.)

• Diversion of sugar to Vietnam and is sued by the UK company.
• Cuba claims sovereign immunity because the diversion was political.
• Held: the activity was commercial, no immunity.
• Besides states, some persons can also claim immunity.
• Diplomats have immunity in order to conduct business without interference.
• Diplomats represent the political interests and nationals of the sending state.
• Consuls are not diplomats and perform duties related to international economic relations and migration.
• Consuls' limited immunity is governed by the 1963 Vienna Convention. Immune only as to official acts.
• Diplomats' immunity under the Vienna Convention of 1961.
• Absolute immunity from criminal jurisdiction of the receiving state and mostly immune from the state's civil and administrative jurisdiction.

Exceptions to Diplomatic Immunity

• Three exceptions to general immunity re suits against diplomats:
  1. Suits for recovery of immovables.
  2. Suits involving inheritance.
  3. Suits involving the diplomat’s private business.
• A whole suite of diplomats is immune.
• Technical and service staff is immune as to official acts.
• Sending state can waive diplomat’s immunity.
• A diplomat can be arrested if he engages in subversion or espionage, but this is rare.
• The receiving state can declare a diplomat persona non grata.
• Premises of diplomatic missions inviolable. See US Diplomatic & Consular Staff in Teheran Case.
• Official correspondence and diplomatic bags inviolable, but must be clearly marked (see Dikko incident of 1984).
• Public ships in foreign ports are mainly exempt from the receiving state’s jurisdiction. Two theories:
  • A public ship is a floating island.
  • Local territorial law grants immunities, which can be waived.

Public Vessels and Aircraft

• Example: Chung Chi Cheung v. R. (Privy Council 1939). A crime on a Chinese ship in HK waters.
• Held: The ship was not a floating island, and the Chinese government had waived immunity.
• A public vessel’s immunity only goes as far as needed to efficiently maintain it. A vessel must observe the laws of the port, or it‘s asked to leave.
• Crimes on a public vessel in port, except against a local subject, are within the jurisdiction of the flag state.
• Crew members who break the law while ashore are not immune unless on official duty.
• An offense on an aircraft is triable by the country of registration or by the country that applies the nationality principle.
• Armed forces on foreign soil have limited immunity.
• The commander of visiting forces has exclusive jurisdiction in camp & over offenses committed by soldiers outside camp on official duty.
• The UN has sovereign immunity, but only the Secretary-General and his Assistants have full diplomatic immunity.

State Responsibility

• States are responsible for their acts; often, only satisfaction is required.
• Sometimes there is a duty of reparations.
• Example: Rainbow Warrior Case, where French agents blew up a ship in NZ waters and had to pay.
• The question is whether a state is responsible only for negligent acts or strictly liable for any injury it causes.
• Strict liability as to the handling of nuclear material, toxic wastes, etc.
• A state can be at fault even if it is not at fault.
• Example: Caire Case (1926). A Frenchman was shot by Mexican soldiers for refusing to bribe them. Held: Mexico responsible.
• Absolute liability is imposed when an official is involved or the state could have prevented the injury. Doctrine of imputability.
• Example: Corfu Channel Case (ICJ 1949). Albania was liable for the destruction of a British ship because it knew of the mines.
• Even where $acta ultra vires$ (beyond power) is given to agents, a state can be liable.
• Example: Youman Case (1931). Mexican troops join a riot and kill Americans.
• But where the government acted in good faith and without negligence, it is not liable for the acts of rebels.
• Example: Home Missionary Society Case (1920). Sierra Leone rebels kill missionaries; the UK is not liable.
• Liability is excused where there is $force majeure$ (overwhelming force).
• Example: a ship in a storm hits another ship.
• Liability is excused where necessity exists.
• Example: Torrey Canyon Case (1967). Oil spilled from a ship off the UK; the Royal Navy bombs the ship.

Diplomatic Protection and Claims of Nationals

• States are responsible for pressing claims of their nationals: “right of diplomatic protection.”
• A national must exhaust local remedies.
• When a state takes up its national's claim, the state becomes the claimant.
• A state can only offer protection to its nationals.
• Example: Nottebohm Case (ICJ 1955). A German who becomes a Liechtenstein citizen brought a claim against Guatemala.
  • Held: Nottebohm’s connection with Liechtenstein was so slim that his citizenship was questionable.
• Dual nationals can be represented against a third state by either state.
• The state of stronger connection can represent a dual national against the state of weaker connection.
• A corporation gets protection from the state of incorporation or the state in which the home office is located.
• Barcelona Traction Case (ICJ 1970). A company was set up in Canada, produced electricity in Spain, and shares were owned by Belgians.
• The Spanish government ordered it bankrupt, and shareholders got protection from Belgium.
• Held: Spain could reject Belgium as a representative because the company, not shareholders, was affected.
• The UK will intervene to protect shareholders, however.

Calvo Clause and International Minimum Standard

• Some states in contracts with foreigners require the foreigner to renounce protection (Calvo Clause).
• States must provide aliens with an “international minimum standard” of protection, regardless of how it treats its own nationals.
• Example: James Case (1926). The Mexican government was liable because it took no action to catch the murderer of an American.

Expropriation of Foreign Property

• A state has responsibilities if it expropriates foreign property.
• Expropriation must be for a public purpose.
• Example: British Petroleum Case. Libya takes over BP property for political reasons.
• A state must pay prompt, adequate, and effective compensation for expropriated property.

State Succession

• State Succession is the replacement of one state by another in the responsibility for the international relations of a territory.
• Questions regarding succession:
  1. The extent to which the old state's (predecessor state's) rights and duties are extinguished.
  2. The extent to which the new state (successor state) acquires rights and duties.

External and Internal Changes of Sovereignty

• Rights and duties can pass upon:
  1. External change of sovereignty, e.g., when a state becomes independent.
  2. Internal change, e.g., when a state dissolves or two states unite into one.
• Often, succession is determined by treaty,
• Examples:
  1. Austria-Hungary was dissolved by the Treaty of St. Germain of 1918.
  2. The USSR was dissolved by the Minsk agreement of 1991.
  3. The Sino-British Joint Declaration on Hong Kong of 1984.
• New states succeed to the borders of the predecessor state.

Succession to Treaties and State Property

• Succession to treaties covered by the 1978 Vienna Convention:
  • For multi-lateral treaties, the consent of other parties to the treaty is needed.
  • For bilateral treaties, the agreement of the predecessor state is needed.
  • A newly independent state is not bound to maintain in force any treaty of the former colonial regime, except boundary treaties.
• When states unite to form a larger state, treaties of component states continue in force.
• An entirely new state must seek membership in international organizations.
• An old state that continues in a new form succeeds to memberships held by its predecessors.
• Example: Russia took over the USSR seat at the UN.
• Succession to state property is governed by the 1983 Vienna Convention.
• Where an old state dies, property passes to the new state.
• Where part of the territory of a state is transferred, two kinds of property pass to the successor state:
  1. Immovable state property of the predecessor state in the territory, and
  2. Movable state property connected with the old state's activities in the territory.
• The same rule generally applies to newly independent states.

State Debts and Nationality

• State debts may be divided into:
  1. Debts owned by the whole state
  2. Debts of the central government for local projects
  3. Local debts of the local government
• Where part of the territory of a state is transferred, the state debt of the predecessor passes to the successor in equitable proportion.
• No general state debt passes to a newly independent country: “clean slate doctrine.”
• Where part of a state leaves to form a new state or a state breaks into new states, the state debt of the predecessor state passes to the successor states in equitable proportion.
• Under the West Rand Central Gold Mining Case, a state taking new territory could pick and choose which private contractual rights it will honor.
• Now, under the German Settlers Case (PCIJ 1923), the “doctrine of acquired rights” applies: the vested rights of foreigners continue after succession.
• The successor state declares the rules of nationality, but
• The ceding state may provide its nationality to people in the ceded territory.
• The acquiring state may provide that inhabitants obtain new nationality automatically.
• States may give the option to leave and retain nationality.

International Institutions

• The first international institutions in Europe were international conferences.
• Example: the conference leading to the Treaty of Westphalia.
• The Vienna Congress of 1815 proposed regular international meetings.
• The “Congress system” from 1815 to 1914, e.g., 1856 Paris and 1871 conferences on the Balkan; 1884-85 Berlin Congress of imperialists.
• International government organizations were set up in the second half of the 19th C.
• Example: the International Postal Union.
• The first non-governmental organizations were set up.
• Example: the International Red Cross
• International Law Association
• Early organizations devised:
  1. Permanent secretariat
  2. Periodic conferences
  3. Majority voting
  4. Weighted voting, and
  5. Proportionate financial contributions

League of Nations and United Nations

• The League of Nations was created in 1919 to promote international peace & security.
• But, at the same time, the League was to respect sovereignty & independence.
• The League had a hard time using sanctions against aggressors.
• It could only act if a state went to war in breach of the League Charter.
• Each member could decide if a breach had occurred.
• The League was almost solely European; it failed to deal with German & Japanese aggression.
• The UN was established in 1945; it can act if there is a mere threat to peace.
• UN member states agree to provide troops at the order of the Security Council.
• The UN was dominated by the US until the 1970s and dominates it again in the 1990s.

UN Charter and Organs

• The UN Charter sets out the rights & duties of members and the functions of the UN’s 6 organs:
  1. Security Council
  2. General Assembly
  3. Economic & Social Council
  4. Trusteeship Council
  5. Secretariat
  6. ICJ
• The Security Council is supposed to maintain peace and security.
• It has 15 members; 5 are permanent (PRC, Russia, US, UK, France).
• Permanent members have veto power.
• On all non-procedural matters, to pass a resolution:
  1. Nine of the 15 members must vote in favor
  2. All 5 permanent members must vote in favor or abstain
• On all procedural matters, votes of any 9 SC members are needed to pass a resolution.
• The veto can be used to make a matter non-procedural: “double-veto.”
• But if the Secretary-General declares a matter to be procedural and 9 members approve, it is procedural.
• Non-permanent membership rotates and reflects regional balance.
• Decisions of the SC are binding on all member states.
• The greatest role is to send troops to “hot spots”; this usually involves cover for US military intervention.
• The UN also supplies “peacekeepers” who are only supposed to supervise truces, restore movement, etc.
• The UN can also order economic sanctions, e.g., a boycott.
• The General Assembly is the UN parliament, with 193 members.
• On important matters, e.g., admission, a two-thirds majority is needed to pass a GA resolution.
• A GA resolution is not binding, except as to internal affairs, e.g., the budget.
• The GA can call emergency sessions if 7+ members of the SC vote for it.
• This is “uniting for peace” power: most often used to pass resolutions calling for a cease-fire.
• GA resolutions can help establish customary law.
• The GA ECOSOC has 54 members and conducts studies and co-ordinates UN special agencies, e.g., Int‘l Maritime Organization, Int’l Civil Aviation Organization, UNESCO.
• Some agencies allow associate membership.
• The Secretariat includes the Secretary-General and his staff. The SG is elected unanimously by SC.
• There are also regional institutions of int‘l character, e.g., NATO.
• The Council of Europe has a Committee of Ministers and an Assembly and prepares many treaties.

European Union and Other Regional Organizations

• The European Union has a common set of institutions:
  1. European Parliament
  2. Council of Ministers
  3. European Commission
  4. European Court of Justice
• EU law is enacted by the European Commission, supervised by the European Parliament, and applied by the European Court of Justice.
• Major political decisions are made by the Council of Ministers.
• EU law prevails over national law and has been effective as to human rights and economic matters.
• The Organization of American States was created in the 1940s and is dominated by the US.
• It has a GA and a Permanent Council. It adopted a Human Rights Convention.
• The OAS has no supranational powers.
• In the Middle East, there is the Arab League; it is involved in peacekeeping and debate.
• The African Union (AU) has an annual Assembly of Heads of State & Gov‘t and specialized commissions.
• The OAU Commission of Mediation, Conciliation, and Arbitration has not been successful.
• Asia has few regional institutions.
• ASEAN has annual ministerial meetings and some permanent committees.
• All international institutions have legal personalities.
• The rights and duties of an int‘l institution are more limited than those of states, mainly limited by their own constitutions.
• Example: whether an int’l institution can conclude a treaty is a function of whether its constitution allows it.