text: - 233 -442, Xn the opiaiom of some member8 , articlee 5 and 6 rhould also raflrct mom clearly the functional criterion that should govern the granting of legal personality to an orgeniration. 413. Some specific comnsnts ware made on the wctrdinq of articles 5 and 6. 444. With regard to article 5, one member pointed out that, as it now stood, subparagraph (c) mi&t qive the impression that organisations wete being given the right to sue and be sued before the International Court of Justice, something that ueuld he contrary to the Statute of the Court. Another member noted that, in view of developments in iatereatioaal society, article 5 should not give the bpression of being exhaustive. Re therefore suggested that the words “ia particular” be added after the words “shall have the capacity”. kxkher iamber sugqested that the chapeau should simply state that “International organisations shall enjoy legal personality”. 445. Different vieupoints were expressed with regard to article 6, One member considered that the addition of the words “and by international law” strengthened the provision, uhich virtually reproduced the wording of article 6 of the 1986 Vienzm Convention on the Law of Treaties between States and International Organitatioas or between Izkternational Organisations. &mother member considered that artkle 6 was superfluous because it repeated provisions contained in other iaternational instruments. Pet another member was of the opinion #at article 6 offered a reasonable solution to conflicting opinions on the capacity of international organiratioas to conclude treaties. 446. Beferrinq to some of those coamtents, the Special Rapporteur pointed out that, in his second report, he had sdmitted two alternatives relating to the legal personality of international orqaaisations: alternative A. which referred ia the same article to the concepts of interaetional legal personality aad the capacity of an organization to conclude treaties; and alternative 8, which referred to the tuo concepts in separate articles. In
analysis: This text appears to be discussing the legal aspects of international organizations, specifically the granting of legal personality and the capacity to conclude treaties. It seems to be a meeting record or a draft document related to international law and organizations.