INTERNATIONAL ORGANIZATIONS AND THEIR HOST STATES

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1 INTERNATIONAL ORGANIZATIONS AND THEIR HOST STATES Aspects of their Legal Relationship A. S. MULLER KLUWER LAW INTERNATIONAL THE HAGUE / LONDON / BOSTON

2 TABLE OF CONTENTS LIST OF ABBREVIATIONS xüi PART L CHAPTER 1 INTRODUCTIONS AND DEFINITIONS INTRODUCTION 1. Introduction 3 2. General Scope of the Study: the Parties The first limitation: international organizations The second limitation: the entity, not the persons Subsidiary organs of the organization The State Summarizing Development of the Law The Nature of the Relationship between International Organizations and their Host States Conclusion 23 CHAPTER 2 HOST ARRANGEMENTS 1. Introduction Host Agreements Constituent Treaties Host Agreements and Multilateral Conventions Introduction The General Convention The Specialized Agencies Convention Other multilateral Conventions on Privileges and immunities Conclusion 39

3 Vlll 4. Host agreements and Supplemental or Additional Agreements Introduction The United Nations The Specialized Agencies Other organizations Conclusion Host agreements and International Customary Law and Decisions of International Tribunals International customary law Decisions of international tribunals Conclusion Host Agreements, National Legislation and Decisions of National Tribunals Introduction Laws enacted in connection with the host agreement The general law of the land Decisions of national tribunals Conclusion A Hierarchy of Norms? Concluding Observations 65 PART II: CHAPTER 3 LEGAL PERSONALITY LEGAL PERSONALITY OF INTERNATIONAL ORGANIZATIONS 1. Introduction Legal Personality on the International Level When does an international organization have international legal personality? What consequences, if any, result from international legal personality? Conclusion National Legal Personality Introduction The capacities and their contents The capacity to contract The capacity to acquire and dispose of immovable and movable property The capacity to institute legal proceedings Concluding 98

4 3.3. Codification and application in practice The United States Switzerland The United Kingdom The Netherlands Conclusion General Conclusion 116 IX PART III: CHAPTER 4 THE SEAT, PRIVILEGES, AND IMMUNITIES THE SEAT OF INTERNATIONAL ORGANIZATIONS 1. Introduction The Description of the Seat The provisions used in host arrangements The provisions on the seat in their practical setting Laws applying to the Seat The myth Provisions in host arrangements The right of the organization to issue regulations Conclusion Owner, Tenant or other User? Supply of Public Services and other Amenities Conclusion 145 CHAPTER 5 IMMUNITY FROM LEGAL PROCESS 1. Introduction International Immunity and Functional Necessity Immunity From Legal Process in Host Arrangements Waiver of Immunity Jurisdictional Immunity in Practice Settlement of Private Law Disputes Conclusion 182

5 CHAPTER 6 INVIOLABILITY OF PREMISES, ASSETS AND ARCHIVES OF THE ORGANIZATION 1. Introduction Inviolability of Premises, Assets and Grounds of the Organization What is inviolable? No entry wkhout permission Emergency and national security situations Protection of the seat by the host State Interference through legal and quasi-legal means Inviolability of the Archives Conclusion 207 CHAPTER 7 FREEDOM OF COMMUNICATION 1. Introduction Scope of the Privilege Abstention and Protection Extent of the Official Communications and Publications Means of Communication The diplomatic bag Radio, post, railway and airport Priority treatment for Communications Conclusion 230 CHAPTER 8 FISCAL, CUSTOMS, AND FINANCIAL IMMUNITIES 1. Introduction Fiscal Immunities: Contents Introduction Direct taxes Direct taxes and public Utility Services Direct taxes and social security contributions Indirect direct taxes Indirect taxes Exemptions from Customs Duties and All Export and Import Restrictions 251

6 XI 4. Freedom to Hold, Transfer, and Convert Funds, Gold and Currency Conclusion 261 PART IV: CHAPTER 9 CONCLUSION FINAL CONCLUSION 1. The Starting Point: Host Arrangements The Substantive Provisions Legal personality The seat Jurisdictional immunity Inviolability Communications Fiscal, customs, and financial immunities Miscellaneous: the settlement of disputes The Host Arrangement and its Contents: Underlying Concepts and Principles An Outlook to the Future 285 BlBLIOGRAPHY 289 INDEX 303

- DRAFT - Now, therefore, the Organisation for the Prohibition of Chemical Weapons and [the State Party] have agreed as follows:

- DRAFT - Now, therefore, the Organisation for the Prohibition of Chemical Weapons and [the State Party] have agreed as follows: - DRAFT - AGREEMENT BETWEEN THE ORGANISATION FOR THE PROHIBITION OF CHEMICAL WEAPONS AND [THE STATE PARTY] ON THE PRIVILEGES AND IMMUNITIES OF THE OPCW Whereas Article VIII, paragraph 48, of the Convention