THE LEGAL PROVISIONS GOVERNING THE SUCCESSION OF INTERNATIONAL ORGANIZATIONS

Abstract

In practice, international organizations are subject to numerous changes that may lead to their dissolution and liquidation, the establishment of a new organization to replace them, their merger with another entity, the transfer of part of their functions to another organization, or their integration into a broader structure. These situations give rise to the phenomenon of succession between international organizations. However, international law has not established clear general rules or principles regarding the dissolution and succession of international organizations. Moreover, existing practices have not matured into customary rules concerning the legal basis for dissolution, decision-making procedures, the form of succession, or its legal consequences. As such, the succession of international organizations remains one of the most neglected areas in public international law. While international law has recognized international organizations as subjects of international legal personality alongside states, it has largely overlooked the legal issues surrounding their dissolution and succession. This neglect persists despite the fact that succession between international organizations raises critical questions related to the rights and obligations of the predecessor organization, its staff members, the treaties it has entered into, as well as its assets, liabilities, and other legal matters— issues that must be regulated under international law, given the legal status of such organizations. In light of the absence of specific legal rules governing these matters, this research seeks to deduce certain legal provisions related to the dissolution and succession of international organizations through an analytical reading of their charters, institutional decisions, and relevant international practices