Treaty law. In considering whether the UN possesses international personality,163 the ICJ in its Reparation for Injuries advisory opinion considered, amongst others, that the UN Charter ‘has defined the position of the Members in relation to the Organization . . . by providing for the conclusion of agreements between the Organization and its members.’164 The Court also referred to ‘[p]ractice – in particular the conclusion of conventions to which the Organization is a party’.165 Indeed, the UN regularly concludes treaties with states—for example, status of forces agreements or headquarters agreements—166 as well as other international organizations.167 The Court specifically referred to the General Convention, stating that it ‘creates rights and duties between each of the signatories and the Organization (see, in particular, Section 35).’168 As discussed in chapter 3 of this study, the UN’s consent to be bound by the General Convention, in combination with the terms of the treaty, may be deemed to be enshrined in the UNGA approving the convention and proposing it for accession by UN member states. This notwithstanding, there remains discussion as to whether the UN may be deemed to have become a party to the General Convention. As regards international organisations generally, in discussing the international obligations by which they are bound, Blokker explained: ‘First, of course, there are treaties, such as the organization’s own constitution and treaties to which it is a party, including its host state agreement. In addition, many international organizations have concluded more specific agreements within their fields of competence that may contain obligations for them.’169 As explained by Xxxxxxxxx and Blokker: ‘There can be no doubt that international organizations generally have the capacity to enter into agreements.’ 170 However, that capacity is not unlimited. According to the preamble to the 1986 Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations (‘1986 VCLT’),171 ‘international 163 Reparation for Injuries Suffered in the Service of the United Nations, Advisory Opinion of 11 April 1949, [1949] ICJ Rep. 174 (Reparation for Injuries), at 178. 164 Ibid., at 178-179. 165 Ibid., at 179. 166 See, e.g., the MINUSTAH SOFA and the IRMCT Headquarters Agreement, respectively. 167 See, e.g., the 2001 Agreement concerning the Relationship between the United Nations and the Organization for the Prohi...
