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Another Brick in the Wall
International Organizations Law Review ( IF 0.6 ) Pub Date : 2017-12-05 , DOI: 10.1163/15723747-01402007
Jasna Arsić-Đapo 1
Affiliation  

The origins of the OSCE began as a political conference established by the 1975 Helsinki Accords, rather than a treaty-based international organization. Through political decisions it has evolved in a fragmented way, structurally and legally, which has resulted in a decades-long debate over its international legal personality and its status as an ‘fully-fledged’ international organization. In that light, the June 2017 Arrangement between the OSCE and the Republic of Poland on the Status of the OSCE in the Republic of Poland, as well as the 2017 Agreement between the Republic of Austria and the OSCE regarding the Headquarters of the OSCE , which were concluded as treaties, demonstrate recognition, by those two states, of the OSCE as a subject of international law with treaty-making capacity. This suggests that the OSCE may be acquiring international legal personality much in the same way as states achieve statehood—element by element and recognition state by state.

中文翻译:

在墙上的另一块砖

欧安组织的起源始于 1975 年赫尔辛基协议建立的政治会议,而不是基于条约的国际组织。通过政治决策,它在结构和法律上以支离破碎的方式发展,导致对其国际法律人格及其作为“成熟”国际组织的地位进行了长达数十年的辩论。有鉴于此,欧安组织与波兰共和国 2017 年 6 月关于欧安组织在波兰共和国地位的安排,以及 2017 年奥地利共和国与欧安组织关于欧安组织总部的协定,作为条约缔结,表明这两个国家承认欧安组织是具有缔约能力的国际法主体。
更新日期:2017-12-05
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