Part VIII International Institutional Law, Ch.44 Constituent Instruments

Subject(s):

Membership of international organizations — International organizations, practice and procedure — Resolutions of international organizations

International organizations (IOs) are normally created by treaties, often referred to as the ‘constitution’ or the ‘constituent instrument’ of the organization. This chapter focuses on these treaties. It begins with an overview of the different names given to constituent instruments of IOs. It then discusses the content of constitutions and demonstrates that this varies widely. Apart from states, IOs may also become parties to constituent instruments of (other) IOs. Following these introductory matters, the chapter turns to the legal characteristics of constituent instruments and their interpretation. It focuses on the creation of a new legal person in constitutions and constitutional development through ‘practice of the organization’.