• Title/Summary/Keyword: 한아세안산림협력협정

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Review on the Legal Status and Personality of International Organization Hosted in Korea - In Case of AFoCO Secretariat - (글로벌시대 국내유치 국제기구의 법인격 - 한·아시아산림협력기구(AFoCO) 사무국의 사례를 중심으로 -)

  • Choi, Cheol-Young
    • Journal of Legislation Research
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    • no.44
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    • pp.211-239
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    • 2013

  • In 2012, the Korean government has hosted the AFoCO Secretariat in Seoul. The AFoCO Secretariat is established by Agreement between the Governments of the Member States of the Association of Southeast Asian Nations and the Republic of Korea on Forest Cooperation (AFoCO Agreement) which is initiated by the Korea. The Korea government, however, does not have any laws and regulations to regulate the matter of legal status and legal personality of nationally hosted international organizations including the AFoCO Secretariat. Therefore, the legal status and legal personality of AFoCO Secretariat in international and domestic arena are still not clear. To articulate such issues and to propose some answers, this article analyzes the international and domestic legal theory and practice about the status and legal personality of public international organizations. As a result, it is common in the literature to delimit international organizations by some standards. One characteristic is that international organizations are usually created between states. A second characteristic is that they are established by means of a treaty. And as a third characteristic, international organizations must possess at least one organ which has a will distinct from the will of its members. According to those criteria, the AFoCO Secretariat can be categorized as a public international organization. It means that the AFoCO enjoys certain privileges and immunities as a public international organization and must confer legal capacity in Korea even there is no domestic laws and regulations conferred the status and legal personality to it. It, however, will be a better way to confer domestic legal personality on the AFoCO Secretariat through a domestic act like an "Act on the Assistance of International Organization Attraction". This act will stipulate the legal status of international organization in Korea including the privileges and immunities as well as the matter of assistance of hosting international organizations.