Legal analysis
Legal analysis
The agreement regarding the IBS and involving four member states of the Governance has created real commitments (Barents Secretariat Agreement ). The agreement was designed in the same fashion that is usually followed in a classical treaty: e.g., the treaty must be accepted, it may be amended, parties may withdraw from the agreement, and reports must be made. It can
be assumed that the parties to the agreement intended to achieve the same results that would come from a treaty, subject to keeping the parties outside the jurisdiction of international law.
The IBS has demonstrated its legal competence by concluding an agreement with Norway (Host Country Agreement ). This agreement has created real obligations and has guaranteed inter alia immunity to the IBS and its properties from legal process (Host Country Agreement , art. 5), as well as the inviolability of the IBS premises from any kind of legal action. Article () reads:
The premises and the property and assets of the Secretariat in Norway shall
be immune from search, requisition, confiscation, expropriation and any other form of interference whether by executive, administrative, judicial or legislative action.
The IBS is also entitled to use its own flag and emblem (Host Country Agreement , art. 4). The privileges and immunities provided by the agreement are comparable to those enjoyed by a diplomatic mission in a foreign state (Vienna Convention ; Vienna Convention ). Recently, the same four states in the Barents Region signed an agreement in the Field of Emergency Prevention, Preparedness and Response (Emergency Prevention, Preparedness and Response Agreement ) in Moscow; this agreement can
be seen in many ways as being similar to an international treaty. As declared by the Chair of the BEAC (BEAC ):
In December , the first intergovernmental agreement in the history of the BEAC, on cooperation in emergency prevention, preparedness and response, was signed in Moscow. As a follow on to it, extensive international training exercises, Barents Rescue , were held in the Murmansk Region this past September.
The Governance involves non-state actors, in particular groups of indigenous peoples, in its activities, an example of the adaptation of the global community to the rapid global changes occurring in various areas; this kind of adaptation is considered important in new international law. For instance, the International Court of Justice adopted Practice Direction XII in 4, allowing the participation of non-state actors in the international legal system (ICJ Direction 4). 13
Although decisions taken by one unit of the Governance have a huge influence on the other, both units create voluntary or moral responsibilities generated from political commitments. However, this does not mean that the documents produced have no consequences or that they are irrelevant in international law (Koivurova , 5). The important fact that the member- states/regions have followed those documents in their regular practices for two decades provides some significance in international law. Moreover, the activities of the Governance support compliance with certain international legal instruments. The CSO or the RC may be compared, at least to some extent, to treaty bodies formed under certain treaties to monitor activities under the associated treaty.
The Governance has established some kind of institutional roles for its subordinate bodies. A permanent secretariat with the status of legal personality is strong evidence of a separate independent organ within the Governance to carry out its particular functions. Moreover, the Governance and its subordinate
13 The Direction permits an NGO to submit a submission or document on its own initiative relating to an advisory proceeding; this document will be placed in a designated location in the Peace Palace. According to Steve Charnovitz, this type of paper will be treated as a readily available publication and may be referred to by states and international organizations in the same manner as publications in the public domain, although they will not be considered as part of the case ile (Charnovitz 2006, 35). The Union of International Associations (UIA), established in 1907, and the International Law Association, founded in 1873, began to promote legal personality for International NGOs in 1910 (see Politis 1923; Scott 1923).
bodies produce mainly persuasive documents which have an influence on member states. Thus, there are some features that may cause one to see the Governance as being close to an international organization which influences the members’ behavior through political commitments.