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3 Constitutions of united nations specialized agencies

The distinctive character of intergovernmental organizations is found in the convention which constituted them, which is commonly called the “constitution” (acte constitutif). This basic document, drawn up in the course of an international conference by official delegates specially appointed by the founding states, and signed in accordance with the special rules practised in such matters, is submitted to the governments which ratify it according to their internal rules. The constitution contains all fundamental rules for the working of the organization and of its permanent administration.

When the United Nations was founded, some of the largest international unions acquired the status of specialized agencies, which operate in that capacity today.

The concept of a “specialized agency” is most fully defined in Article 57 of the United Nations Charter, which states:

“1. The various specialized agencies established by intergovernmental agreement and having wide international responsibilities, as defined in their basic instruments, in economic, social, cultural, educational, health, and related fields, shall be brought into relationship with the United Nations in accordance with the provision of Article 63.

2. Such agencies thus brought into relationship with the United Nations are hereinafter referred to as “specialized agencies”.

It may thus be seen that specialized agencies possess four basic legal attributes: 1) the intergovernmental character of their constituent instruments; 2) wide international responsibilities within their competence; 3) activities in specialized areas provided for by the Constitution (in economic, social, cultural and other fields); 4) a relationship with the United Nations.

This last attribute distinguishes these agencies from other international associations of this type and places them into a separate group of international organizations.

At present there are 16 specialized agencies of the United Nations, each with its own Constitution: 1) the Food and Agricultural Organization (FAO); 2) the International Bank for Reconstruction and Development (IBRD); 3) the International Civil Aviation Organization (ICAO); 4) the International Development Association (IDA); 5) the International Fund for Agricultural Development (IFAD); 6) the International Finance Corporation (IFC); 7) the International Labour Organization (ILO); 8) the International Monetary Fund (IMF); 9) the International Maritime Organization (IMO); 10) the International Telecommunication Union (ITU); 11) the United Nations Educational, Scientific and Cultural Organization (UNESCO); 12) the United Nations Industrial Development Organization (UNIDO); 13) the Universal Postal Union (UPU); 14) the World 4 Health Organization (WHO); 15) the World Intellectual Property Organization (WIPO); and 16) the World Meteorological Organization (WMO).

Reference is often made today to international organizations of the United Nations system. This includes the United Nations itself, its specialized agencies, the International Atomic Energy Agency (IAEA); and subsidiary organs of the United Nations structured as international organizations, namely, the United Nations Conference on Trade and Development (UNCTAD), the United Nations Development Programme (UNDP), and the United Nations Environment Programme (UNEP).

The organizational structure of specialized agencies is determined by their constituent instruments. The Constitutions of United Nations specialized agencies as well as their activities are in strict compliance with the generally recognized principles and norms of international law, especially those of jus cogens.

The United Nations specialized agencies engage in the following types of activity: 1) drafting international conventions and regulations on special issues with a view to establishing uniform norms and rules for regulating relations among states in such specialized areas as communications, health, culture, meteorology, etc.;

2) coordinating the activities of individual states in these areas; 3) providing technical assistance to newly independent developing states; 4) exchange of information, etc.

EXHIBIT 19

CONSTITUTION

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