Document Type

Book Chapter


The purpose of this chapter is to consider whether the Indian Ocean Tuna Commission (IOTC) has international legal personality, The IOTC was establishedby an international treaty made under the auspices of article XIV of the FAO Constitution and is located within the FAO framework. It recently entered intoan agreement with another inter governmental organization (La Commission dej'ocean Indien) under article XV of its own Agreement. As this article gave it the power to "enter into agreements" with other "intergovernmental organizations", it seemed clear enough to the IOTC that it had the capacity to do exactly that. However. it was informed by the FAO Legal Office that it did not have the legal personality to do so. It was also argued that the phrase "enter into'" did not include the power to sign an agreement; only the Director-General of FAO had the necessary legal personality to do this.