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How do they come into existence? Q: Do the provisions of the Charter relating to the
functions of the Organization imply that the latter is
Do they have international personality? empowered to assure its agents its limited
Do they enjoy any kind of immunity? protection?
Ruling:
Kapisanan ng mga Manggagawa vs. The International
Rice Research Institute The immunity granted to officers and
staff of the ADB was not absolute; but limited
IRRI was organized and registered with the SEC to acts performed in an official capacity and
as a private corporation subject to all laws and could not cover the commission of a crime such
regulations. as slander or oral defamation in the name of
official duty.
However, PD No. 1620 granted IRRI the status,
prerogatives, privileges and immunities of an
international organization.
The United Nations: Structure and Powers
Held:
Principal international organization
Came into being on October 24, 1945 -suspended operations after Palau became
independent on October 1, 1994.
Enjoined against intervening in matters which
are “essentially within the domestic Secretariat
jurisdiction” of any state. (Art. 2, par. 7)
-shall comprise a Secretary general and such
“International Constitutional Supremacy staff as the Organization may require (Art.97)
Clause”- in the event of a conflict between the
- Secretary General: has the power to bring to
obligations of the Members of the UN under
the attention of the Security Council any matter which
the present charter and their obligations under
in his opinion may threaten the maintenance of
any international agreement, their obligations
international peace and security. (Art. 99)
under the present Charter shall prevail.
International Court of Justice
General Assembly
Requirements for “material field of (2) The wounded and sick shall be
application”: collected and cared for.
1. armed dissidents must be under responsible
An impartial humanitarian body, such as
command;
the International Committee of the Red Cross,
2. they must exercise such control over a part of may offer its services to the Parties to the
its territory as to enable them to carry out sustained conflict.
and concerted military operations and to implement The Parties to the conflict should further
this Protocol. endeavour to bring into force, by means of
special agreements, all or part of the other organizations that have adopted resolutions
provisions of the present Convention. envisaging such rights.
The application of the preceding
- The international legal status of an individual is
provisions shall not affect the legal status of the
unique: they have a lopsided position in the
Parties to the conflict.
community. As far as their international obligations
are concerned, they are associated with all the
other members of international community; in
3. National Liberation Movements contrast, they do not possess rights in relation to all
members of that community.
- Organized groups fighting in behalf of a whole
people for freedom from colonial powers. - Individuals - State
- “people fighting against colonial domination
and alien occupation and against racist regimes - -have a limited - - Have international
in the exercise of their right of self- locus standi in legal personality
determination, as enshrined in the Charter of international law proper
the UN.” (First Protocol of the 1977 Geneva
Convention) - - Have a limited - - Not limited legal
array of rights and capacity
Characteristics: obligations (limited
legal capacity)
- • they can be based within the territory which
they are seeking to liberate or they might find a
base in a friendly country.
4.Individuals
- Among the obligations of individuals are those
arising from the regulation of armed conflicts.