Privileges And Immunities Granted In The Headquarters And Host Agreements
Privileges And Immunities Granted In The Headquarters And Host Agreements
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Date
2015-05-03
Authors
Khalafalla Abdelrahman, Widad
Journal Title
Journal ISSN
Volume Title
Publisher
UOFK
Abstract
The thesis discusses the privileges and immunities
granted to organizations under international conventions, in
particular headquarters agreements concluded between the
international organizations and the state on the territory of which
the quarters of the organization are situated. It endeavours to
trace the historical development of the establishment of the
international organizations, the manner of their establishment, the
controversy about defining the international organization, the
types and the various divisions.
An International organization is one of the persons of public
international law, as a result of the changing circumstances in the
international relations due to the appearance of international
organizations, and to the jurisprudential promotion in respect of
persons of international law, which has discarded the concept of
the persons of international law being restricted to states alone.
The thesis discusses the legal status of international
organizations, the recognition of the legal status, and respect of
privileges and immunities, which are required by functions of
international organizations. The immunities of international
officials and the immunity of funds of the international
organizations, the quarters, documents and business are provided
in the instruments establishing the organization.
Likewise the thesis discusses enjoyment, by the
international organizations, of legal status in domestic laws and
its capacity to acquire estates and conclude contracts. The
instruments of the international organizations provide for this
capacity, and particularly in such agreements, the organization
may conclude with states, in whose territory the quarters are
situated. Such capacity has been referred to by the International
Court of Justice in its Advisory Opinion concerning the
compensation for damages which the United Nations had
sustained in Palestine. The capacity of the international
organization to exercise the rights recognized in the domestic
law, particularly in the states parties to the organization result
from this status.
The thesis considers in detail the subject of the immunity
necessary for exercising function of the international organization
and protection of the officials and representatives, as one of the
effects of the recognition of the legal status for an international
organization. It dealt with general conventions and protocols in
this respect such as the Privileges and Immunities of the United
Nations ١٩٤٦ (The General Convention), and the ١٩٤٧
Convention on the Privileges and Immunities of the Specialized
Agencies.
The quarters agreements signed by the Sudan with
regional organizations grant privileges and immunities to the
organization and its employees. Also there are privileges and
immunities pertaining to country offices of the UN, the specialized
agencies and other organizations, and the legal status of national
and foreign NGOs, operating in the Sudan, and which have
signed agreements of quarters with the governments.
The thesis concludes that the agreements concerning
international organizations in the Sudan lack many safeguards,
since they are not provided for in some of these agreements. The
principles concerning granting immunities have to be included
therein.
The thesis recommends the establishment of a mechanism
at the national level to be responsible for revision, establishment,
co-ordination and evaluation of the work of international
organizations resident in the Sudan, and to submit periodical
reports to competent bodies, and that the state has to use its right
to waive such immunities, whenever it deems that such
immunities impede the progress, in order to guarantee the
sovereignty of the state and its territory.
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Keywords
Privileges,Immunities Granted ,Headquarters,Host Agreements