ABSTRACT

There has in the past been a considerable amount of controversy on the question whether public international organizations can be regarded as possessing legal personality. The Charter of the United Nations leaves on one side the concept of legal personality and provides that "The Organization shall enjoy in the territory of each of its Members such legal capacity as may be necessary for the exercise of its functions and the fulfilment of its purposes". The formula adopted in the Charter of the United Nations has the outstanding merit of simplicity and does not presuppose any controversial attitude towards questions of a theoretical character. The Constitution of the United Nations Educational, Cultural and Scientific Organization provides that the provisions of Article 104 of the Charter concerning the legal status of the United Nations Organization "shall apply in the same way to" UNESCO.