Importance From the International Law Perspective of the Headquarters Agreement For the Functioning of an International Organisation in the Host State // Međunarodnopravni značaj ugovora o sjedištu za funkcionisanje međunarodne organizacije u državi domaćinu

Abstract

This article explores the importance from the international law perspective of the headquarters agreement, concluded between an international organisation and its host State, for the functioning and accomplishment of missions of an international organisation, as of an entity situated in the host State. In that regard, the theoretical framework for the conclusion of a headquarters agreement, as well as the relevant international practice laid down the basis defining the issues that are expected to be settled by such an agreement. Based on the analysis of relevant international practices and having taken into account the fact that there is a number of different international organisations, being of different nature and established with different purposes, it was not possible to conclude that the contemporary international law defines a unified template to be used for the content of a given headquarters agreement. None the less, some concrete solutions, although made through direct negotiations between the parties, stipulate certain elements that are common to a large number of headquarters agreements. Such common core of headquarters agreements content is related to the privileges and immunities agreed in the favour of the international organisation, status of its officials, its legal personality in the host State legal system etc.