JURIDICAL PERSONALITY. The Centre shall possess juridical personality. It shall have the capacity:
(a) to contract;
(b) to acquire and dispose of movable and immovable property; and
(c) to institute legal proceedings.
JURIDICAL PERSONALITY. The Organization shall possess in Denmark juridical personality and legal capacity and, in particular, capacity (a) to contract, (b) to acquire and dispose of movable and immovable property, and (c) to institute legal proceedings.
JURIDICAL PERSONALITY. The Corporation shall possess juridical personality and, in particular, full capacity:
(a) to contract;
(b) to acquire and dispose of immovable and movable property; and
(c) to institute legal and administrative proceedings.
JURIDICAL PERSONALITY. The Agency shall possess juridical personality. it shall have the capacity (a) to contract, (b) to acquire and dispose of immovable and movable property and (c) to institute legal proceedings.
JURIDICAL PERSONALITY. The Committee shall possess juridical personality and shall have the capacity to contract, acquire and dispose of immovable and movable property and to institute legal proceedings in its name.
JURIDICAL PERSONALITY. The Bank shall possess full legal personality and, in particular, the full legal capacity:
(a) to contract;
(b) to acquire, and dispose of, immovable and movable property;
(c) to institute, and respond to, legal proceedings; and
(d) to take such other action as may be necessary or useful for its purpose and functions.
JURIDICAL PERSONALITY. (a) INTELSAT shall possess juridical personality. It shall enjoy the full capacity necessary for the exercise of its functions and the achievement of its purposes, including the capacity to:
(i) Conclude agreements with States or international organizations; (ii)Contract;
(iii) Xxxxxxx and dispose of property; and (iv)Be a party to legal proceedings.
(b) Each Party shall take such action as is necessary within its jurisdiction for the purpose of making effective in terms of its own law the provisions of this Article.
JURIDICAL PERSONALITY. The Organisation shall possess juridical personality. It shall have the capacity:
(i) to contract,
(ii) to acquire, hold and dispose of movable and immovable property; and
(iii) to institute legal proceedings.
JURIDICAL PERSONALITY. The Centre shall possess juridical personality and shall have the capacity to contract and dispose of immovable and movable property, and to institute legal proceedings in its name, in accordance with the relevant provisions of the Malaysian Law.
JURIDICAL PERSONALITY. 5. For a number of years the Convention Secretariat’s juridical personality in the host country has been unclear. At the Sixth Meeting of the Conference of the Parties, it was noted that the United Nations Office for Legal Affairs and UNEP had advised, for the avoidance of any doubt, that a decision along the lines of other conventions (e.g., UNFCCC and UNCCD) should be expressly adopted by the respective competent body, that is the Standing Committee or the Conference of the Parties, to confer juridical personality and legal capacity on the Convention Secretariat. In Resolution 6.9, the COP decided that “The Convention Secretariat should possess in the host country such legal capacity as is necessary for the effective discharge of its functions under the Convention, in particular to contract, to acquire and dispose of movable and immovable property and to institute legal proceedings.”
6. Article 4 (Legal Capacity) of the Headquarters Agreement provides that “
(1) The Convention Secretariat shall possess in the host country the legal capacity to (a) contract; (b) acquire and dispose of movable and immovable property; and (c) institute legal proceedings.
(2) For the purpose of this Article, the Convention Secretariat shall be represented by the Executive Secretary.”
7. An outstanding issue not addressed by the Sixth Meeting of the Conference of the Parties was the international juridical personality of the Secretariat. In Resolution 6.9, the COP requested the Standing Committee “to clarify, with the assistance of the Secretariat, any relevant outstanding legal questions in consultation with the Legal Branch of the United Nations and the relevant United Nations conventions, to bestow the appropriate competence on the Secretariat and to report to the Conference of the Parties at its seventh meeting.” In the discussions of the Conference of the Parties it was expressly noted that CMS should follow the examples of UNFCCC and UNCCD.
8. The CMS Secretariat has kept in close contact with both the UNFCCC and the UNCCD Secretariats. It has determined that neither UNFCCC nor UNCCD has concluded consideration of the international juridical personality issue. It is therefore recommended that the issue be deferred for consideration by the COP at its Eighth Meeting.
