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International Regional Organizations and their Travel Documents
Published online by Cambridge University Press: 09 March 2016
Extract
Functional independence of international institutions is a sine qua non to their effective operation. Current international law reveals that international organizations have a legal capacity and certain privileges and immunities bestowed upon them by their member states to ensure their independence and that of their staffs. One vital component of functional independence is the freedom of travel for all members of the international staff. In examining the features of freedom of travel necessary for international organizations to discharge their responsibilities effectively, C. W. Jenks wrote:
The freedom of movement which is necessary comprises more than the absence of any special restrictions; it includes the usual facilities for official travel, such as diplomatic or other special visas, priorities where these are necessary, exemption from immigration regulations and formalities, and similar measures; taken cumulatively these facilities involve a considerable saving of time and energy and are therefore an important element in securing the expeditious and unhindered travel necessary to the prompt discharge of international responsibilities.
- Type
- Articles
- Information
- Canadian Yearbook of International Law/Annuaire canadien de droit international , Volume 6 , 1968 , pp. 164 - 187
- Copyright
- Copyright © The Canadian Council on International Law / Conseil Canadien de Droit International, representing the Board of Editors, Canadian Yearbook of International Law / Comité de Rédaction, Annuaire Canadien de Droit International 1968
References
1 Jenks, C. W., The Headquarters of International Institutions 37 (London 1945).Google Scholar
2 Secretan, J., “The Independence Granted to Agents of the International Community in their Relations with National Public Authorities,” 16 Br. Yb. Int’l L. 56, 77 (1935)Google Scholar; Hill, M., Immunities and Privileges of International Officials 81–90 and 100 (Washington, 1947)Google Scholar; Ranshofen Wertheimer, E. F., The International Secretariat 268–71 (Washington, 1945)Google Scholar; C. W. Jenks, op. cit. supra note 1, at 68–69.
3 On the United Nations laissez-passer, see Brandon, M., “The United Nations Laissez-Passer,” 27 Br. Yb. Int’l L. 448 (1950).Google Scholar
4 39 Am. J. Int’l Law 266 (Supp. 1945). For the background of the Pact, see Khadduri, M., “The Arab League As a Regional Arrangement,” 40 Am. J. Int’l L. 756 (1946).CrossRefGoogle Scholar
5 League of Arab States, Treaty Series, Vol. 1, at 46.
6 U.A.R. Ministry of the Interior, Dept. of Migration, Passports and Nationality, Resolution No. 63 of the year 1959, concerning the implementation of some of the provisions of the Law No. 97 of the year 1959 concerning passports, at 1 (unofficial translation).
7 Ibid., 4.
8 Penfield, W. S., “The Legal Status of the Pan American Union,” 20 Am. J. Int’l L. 257 (1926).CrossRefGoogle Scholar
9 Report of the Special Committee of the Governing Board appointed to Study the Juridical Status of the Pan American Union and its Personnel (Washington, 1944).
10 Para. 6(e), International Labour Office, 27 Official Bulletin 206 (December 1945, No. 2).
11 119 U.N.T.S. 3. The Charter entered legally into force only among the states which ratified it on December 13, 1951.
12 The Agreement is found in Documents and Notes on Privileges and Immunities with Special Reference to the Organization of American States, Pan American Union, Division of Law and Treaties 44 (1954). Another international agreement governing certain privileges and immunities of the Organization is the Bilateral Agreement between the Government of the United States of America and the Organization of American States relating to Privileges and Immunities of Representatives and other Members of Delegations, signed at Washington on July 22, 1952, and in force that day: see 181 U.N.T.S. 147. See Colborn, P. A., “Privileges and Immunities of the Organization of American States,” [1949] Inter-Am. Jurid. Yb. 96.Google Scholar
13 U.S. Pub. L. 291, 79th Congress, ist Sess. (December 29, 1945), Title 1. The Act came into force on December 29, 1945. See Preuss, L., “The International Organizations Immunities Act,” 40 Am. J. Int’l L. 332 (1946).CrossRefGoogle Scholar
14 By Executive Order of the President of the United States, Executive Order 9698, 11 Fed. Reg., No. 36, 1809.
15 “Section 8(a). No person shall be entitled to the benefits of this title unless he (1) shall have been duly notified to and accepted by the Secretary of State as a[n] … officer, or employee; or (2) shall have been designated by the Secretary of State, prior to formal notification and acceptance, as a prospective … officer, or employee.…
(b) Should the Secretary of State determine that the continued presence in the United States of any person entitled to the benefits of this title is not desirable, he shall so inform the … international organization concerned, … and after such person shall have had a reasonable length of time, to be determined by the Secretary of State, to depart from the United States, he shall cease to be entitled to such benefits.…”
16 L. Preuss, supra note 13, at 339.
17 See the letter addressed to the Secretary-General of the O.A.S. from the Chief, Visa Division, Department of State, dated May 31, 1949, found in [1949] Inter-Am. Jurid. Yb. 101.
18 Information presented in this and the preceding paragraph is contained in a letter dated March 28, 1967, received from Dr. Manuel Canyes, Deputy Director, Department of Legal Affairs, Pan American Union.
19 A copy of the Regulations for the Official Travel Document of the Organization of American States was made available to me by Dr. Canyes.
20 The Convention for European Economic Co-operation is found in 43 Am. J. Int’l L. 94 (Supp. 1949); it came into force on July 28, 1948.
21 Supplementary Protocol No. 1 is found in 43 Am. J. Int’l L. 102 (Supp. 1949); it came into force on July 28, 1948.
22 This information is contained in a letter from the O.E.C.D., Department of Diplomatic Privileges and Immunities, dated May 16, 1967.
23 See the Convention of the Organization for Economic Co-operation and Development signed at Paris on December 14, 1960, 8 Eur. Yb. 259 (1960).
24 8 Eur. Yb. 269 (1960).
25 87 U.N.T.S. 103. The Statute came into force on August 3, 1949.
26 250 U.N.T.S. 12; Eur. T.S. No. 2. The Agreement came into force on September 10, 1952.
27 249 U.N.T.S. 207; Eur. T.S. No. 3. The Special Agreement came into force on November 28, 1949.
28 Article 5.
29 Article 6, par. 2.
30 Article 6, par. 1.
31 I wish to thank Dr. H. Golsong, Director of Legal Affairs of the Council of Europe, for information contained in this and the preceding paragraph, received in his letter dated May 26, 1967.
32 261 U.N.T.S. 238.
33 261 U.N.T.S. 140.
34 Article 7, para. 1 reads: “No restrictions of an administrative or other nature shall be placed on the free travel of members of the Assembly proceeding to or coming from the place of meeting of the Assembly.”
35 A photostat of the Agreement was made available to me by Mr. A. delli Paoli, Secretariat General, E.C.S.C., to whom I am most grateful.
36 Other persons entitled to the E.C.S.C, laissez-passer are specifically mentioned in the Annex and Article 1 of the Agreement. They are Judges, Advocates-General, and Registrar of the Court of Justice.
37 These categories remained unchanged until January 1, 1962.
38 Regulation Embodying the Service Regulations of Officials and the Conditions of Employment of Other Servants of the Community (H.M.S.O., London, 1963).
39 Unofficial translation.
40 In accordance with Article 2 of the Protocol, it entered into force on February 26, 1954.
41 298 U.N.T.S. 14. The Treaty entered into force on January 1, 1958.
42 298 U.N.T.S. 167. The Treaty entered into force on January 1, 1958.
43 For the Protocol of the E.E.C., see 298 U.N.T.S. 140; for that of EURATOM, see 298 U.N.T.S. 250.
44 E.E.C. Protocol, Artide 7(1); EURATOM Protocol, Artide 7(1).
45 E.E.C. Protocol, Artide 10; EURATOM Protocol, Artide 10.
46 298 U.N.T.S. 267. The Convention came into force on January ι, 1958, the date of entry into force of the E.E.C. Treaty and the EURATOM Treaty.
47 Article 1.
48 Article 2(1).
49 Articles 3 and 4.
50 Article 5.
51 Regulation No. 2 adopted by the Council of Ministers of the E.E.C, is found in [1958] E.E.C.J.O. 387. An Annex to the Regulation contains a model of the laisser-passer (at 388–89) as rectified in [1958] E.E.C.J.O. 470 and 674. Regulation No. 2 adopted by the Council of Ministers of EURATOM is found in [1958] E.E.C.J.O. 403. An Annex to this Regulation contains a model of the laissez-passer, pp. 404–05, as rectified in [1958] E.E.C.J.O., 470 and 674. A translation of Regulation No. 2 has been published by H.M.S.O., London, 1962.
52 Regulation Embodying the Service Regulations of Officials and the Conditions of Employment of Other Servants of the European Economic Com-munity and the European Atomic Energy Community, [1962] E.E.C.J.O. 1385. The Regulation is published as Regulation No. 31 of the E.E.C, and Regulation No. 11 of the EURATOM. The Regulation came into force on January 1, 1962. A translation of the Regulations has been printed by H.M.S.O., London, 1962.
53 The Regulations indicate that the laissez-passer contains eighteen pages.
54 Unofficial translation.
55 4 Int’l Leg. Mat. 776 (1965). The Merger Treaty came into force on July ι, 1967. For a discussion of the previous merger and the envisaged merger of April 8, 1965, see, Houben, P. H. J. M., “The Merger of the Executives of the European Communities,” 3 Com. Mkt. L. Rev. 37 (1965–66)Google Scholar; Weil, G. L., “The Merger of the Institutions of the European Communities,” 61 Am. J. Int’l L. 57 (1967).CrossRefGoogle Scholar
56 4 Int’l Leg. Mat. 791 (1965). The Protocol entered into force on July 1, 1967.
57 Article 24(1).
58 Article 28(2).
59 Provided through the courtesy of the General Secretariat of the O.A.U.
60 200 U.N.T.S. 3.
61 U.K.T.S. No. 4a (1957); Cmnd. 173.
62 Cmnd. 2713.
63 Ibid., item 40.
64 14 and 15 Elizabeth II, c. 10.
65 In the case of the universal international organizations and the United Nations laissez-passer, a relatively small proportion of the member states do not insist upon affixing their visas. The member states of the European Communities have extended recognition to the laissez-passer of the organizations and do not affix visas to these travel documents.