By Hungdah Chiu
Mter a global association is verified, whether it is invaluable for it to obtain definite rights or imagine tasks or new capabilities no longer supplied in its structure, there are 4 innovations to accomplish that 1 finish. the 1st is to amend the structure of the association. If the association has just a constrained variety of participants, then this system isn't really too bulky. yet, the process for amending a structure is generally advanced and calls for a considerable time period. therefore this method has at the very least the drawback of hold up. 2 the second one strategy is to finish a treaty one of the member States of the association. The association isn't a celebration to that treaty, however it can collect a few rights, suppose a few tasks, or new features lower than the treaty. three the drawback of this method is identical to the 1st one, i. e. , the realization of a multilateral treaty may possibly suggest hold up because the approach concerned is so advanced and cumber a few. 1 E. g. , the structure of the ILO, Cmd. No. 393 (T. S. No. four of 1919),  thirteen international ReI. U. S. : Paris Conf. 695 (1947), was once amended on October nine, 1946,62 Stat. 3485, T. I. A. S. No. 1868, 15 U. N. T. S.
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Additional info for The Capacity of International Organizations to Conclude Treaties, and the Special Legal Aspects of the Treaties so Concluded
29 Supra note 25, at 179. 30 Or in other words, as pointed by Bowett, one becomes involved in a circular argument by deducing a general treaty-making capacity from the very fact of personality, even though such personality is itself deduced from a specific treaty-making capacity under the constitutional provisions of the organization concerned. 31 On the other hand, if Messrs. Carroz and Probst use the term "personnalite juridique internationale" as synonymous to "subject of international law," again the resort to the personality concept cannot satisfactorily answer our question.
Relevant portions. The instruments in question may be divided into several categories: A. Peace Treaties ... B. Clauses concerning the protection of Minorities ... C. Mandates ... The Mandatory States are seven in number. The following list gives the name of the mandatory, the mandated territory and the date and place of the conclusion of the compact. 61 It appears that the PCIJ considered Mandates to be international treaties. If it is admitted that the LN was a party to the Mandates,61 then it would appear that the PCI] impliedly recognized the LN's capacity to conclude treaties.
The constituent treaty need not expressly confer upon the international community juridical personality. The latter is - or is not - implied in the substantial provisions of the constituent treaty. * * * However, if the constituent treaty does not contain a provision conferring expressly upon the community international juridical personality, that is to say unrestricted legal capaciV' under international law, the community has only those special capacities as [are] conferred upon it by particular provisions.