organizations to make treaties,
5 conduct diplomatic relations, and make international
claims for violation of rights.
6 The general concept of international personality can
also be useful for thinking about what role an institution might play in advancing the
implementation of certain international laws such as treaty regimes.
The recognition of legal personality for FAO means an acknowledgment that the
FAO organization has certain enumerated and implied powers to exercise its institutional authority to achieve the purposes for which member States constituted it
(e.g. conservation of natural resources and improved fisheries management).
7 FAO’s
Constitution specifically identifies FAO legal personality in Article XVI where FAO
is delegated “the capacity of a legal person to perform any legal act appropriate to its
purpose which is not beyond the powers granted to it by this constitution.”
8
The FAO’s ability to become involved with international ocean policy governance derives in part from its “delegated powers” based on its constitutive text
providing it with the ability to “perform any legal act appropriate to its purpose.”
9
With a broad purpose to achieve the “conservation of natural resources”, the FAO’s
“delegated powers” provide a liberal amount of room for creating collective actions
and pressuring member States to support the actions.
10 In practice, this means that
the FAO can offer novel approaches to resolving global resource problems that
States would not have envisioned or individually proposed. Over the long-term
organizations such as FAO play important roles in diffusing international norms.
11
In addition to any primary functions delegated to it under the FAO Constitution, the
FAO also has “derivative functions” that can be implied which may give FAO more
latitude to act in certain situations.
12 To the extent that FAO’s work on creating
potentially new legal norms does not fall within the FAO’s delegated powers, the
FAO can exercise derivative powers to improve implementation of UNCLOS’ provisions on conservation and management of natural resources.
The FAO has certain rights and powers that exist separate from the interests of
each of its individual member States but derive from delegated powers. One such
power might include the authority to frame and negotiate policies that States are
eventually expected to adopt in order for FAO to be able to achieve its organizational
mission to conserve natural resources. Operationally in terms of UNCLOS implementation, this means that the FAO is expected to do more than just assist member
States in achieving the objectives of UNCLOS through, for example, facilitating
5 Vienna Convention on the Law of Treaties between States and International Organisations or
between Organisations (1986) 25 ILM 543.
6 Reparation of or Injuries Suffered in the Service of the United Nations I.C.J. Reports 1949.
7 Food and Agriculture Organization, supra note 1 at Art. I.
8 Id. at Art. XVI.
9 See generally, Kelsen (1951).
10 March and Olsen (1998): Finding that intergovernmental organizations will independently create
ideas to solve global problems and put pressure on States to act in conformity with the ideas.
11 Park (2006).
12 Weissburg (1961), p. 203.
12 UN Food and Agriculture Organization: Exercising Legal Personality to Implement. . . 205
5 conduct diplomatic relations, and make international
claims for violation of rights.
6 The general concept of international personality can
also be useful for thinking about what role an institution might play in advancing the
implementation of certain international laws such as treaty regimes.
The recognition of legal personality for FAO means an acknowledgment that the
FAO organization has certain enumerated and implied powers to exercise its institutional authority to achieve the purposes for which member States constituted it
(e.g. conservation of natural resources and improved fisheries management).
7 FAO’s
Constitution specifically identifies FAO legal personality in Article XVI where FAO
is delegated “the capacity of a legal person to perform any legal act appropriate to its
purpose which is not beyond the powers granted to it by this constitution.”
8
The FAO’s ability to become involved with international ocean policy governance derives in part from its “delegated powers” based on its constitutive text
providing it with the ability to “perform any legal act appropriate to its purpose.”
9
With a broad purpose to achieve the “conservation of natural resources”, the FAO’s
“delegated powers” provide a liberal amount of room for creating collective actions
and pressuring member States to support the actions.
10 In practice, this means that
the FAO can offer novel approaches to resolving global resource problems that
States would not have envisioned or individually proposed. Over the long-term
organizations such as FAO play important roles in diffusing international norms.
11
In addition to any primary functions delegated to it under the FAO Constitution, the
FAO also has “derivative functions” that can be implied which may give FAO more
latitude to act in certain situations.
12 To the extent that FAO’s work on creating
potentially new legal norms does not fall within the FAO’s delegated powers, the
FAO can exercise derivative powers to improve implementation of UNCLOS’ provisions on conservation and management of natural resources.
The FAO has certain rights and powers that exist separate from the interests of
each of its individual member States but derive from delegated powers. One such
power might include the authority to frame and negotiate policies that States are
eventually expected to adopt in order for FAO to be able to achieve its organizational
mission to conserve natural resources. Operationally in terms of UNCLOS implementation, this means that the FAO is expected to do more than just assist member
States in achieving the objectives of UNCLOS through, for example, facilitating
5 Vienna Convention on the Law of Treaties between States and International Organisations or
between Organisations (1986) 25 ILM 543.
6 Reparation of or Injuries Suffered in the Service of the United Nations I.C.J. Reports 1949.
7 Food and Agriculture Organization, supra note 1 at Art. I.
8 Id. at Art. XVI.
9 See generally, Kelsen (1951).
10 March and Olsen (1998): Finding that intergovernmental organizations will independently create
ideas to solve global problems and put pressure on States to act in conformity with the ideas.
11 Park (2006).
12 Weissburg (1961), p. 203.
12 UN Food and Agriculture Organization: Exercising Legal Personality to Implement. . . 205