THE FUNCTIONS AND IMPORTANCE OF REPRESENTATION OF STATES IN THEIR RELATIONS WITH INTERNATIONAL ORGANIZATIONS OF A UNIVERSAL CHARACTER

Abstract


A. Introduction
International relations have developed rapidly since the signing of the Treaty of Westphalia in 1648. The international treaty intended to end the thirty-year war is often cited as a milestone for modern international law and the emergence of the modern State system in Europe. 1 In generally, international relations are based on the interests of State, but the interests of two States alone cannot accommodate the will of many States.
In order to achieve of common interests, States develop the international organizations. By forming international organizations, States will try to achieve the goals of common interest, and these interests involve a very broad field of international life. 2 Since the middle 17th century, the development of international organizations has been increasing rapidly. It has not only been manifested in various international conferences, but that it has been institutionalized in various models : commissions, unions, council, league, association, united-nations, commonwealth, community, cooperation, and others. 3 The out the function of state representatives in a country in relation to international organizations, besides this research will analyze the privileges and immunities of a country related to diplomatic.
Initially, the appointment of State representatives in international organizations was based on customary international law and in its development, it is seen not enough. At the beginning of the establishment of the United Nations, General Assembly (GA) as the main organ of UN developed an International Law Commission was support the duties of GA. This commission for thirty years (in periodic 1949-1979) has explored 27 topics and subtopics of international law, and seven of them are related to diplomatic law and related issues, including the relationship between States and international organizations. These topics are recommended to be codified because there have been many problems involving diplomatic law, including the provisions governing the establishment of diplomatic missions, consular missions, special missions, prevention and punishment of crimes against internationally protected persons, including diplomatic agents, etc. 8 Concerning the area of relationship between State with international organizations, it has been successfully codified into 1975 Vienna Convention on The Representation of States in Their Relations with International Organizations of a Universal Character. This Convention was used as the basis for regulating the posting of State representatives in relation to international organizations of a universal character, although it is possible that the rules of customary international law continue to govern questions not expressly regulated by the provisions of the present Convention. 9 According to Government Indonesia, this convention is very important for giving a special protection for the representatives of another states was posted in Indonesia, particularly for strengthening the collaboration with international organizations who open or established the permanent secretariat or branch office in Jakarta. Based on Introduction, in this paper, several issues are raised: 1. What is the kinds and functions of State representation in international organizations of a universal Character? 2. Do State representatives who are accredited to international organizations of a universal character enjoy the privileges and immunities rights? 3. How does an international organization of a universal character guarantee the privileges and immunities rights?
B. Discussion

International Organizations of a Universal Character
International organization means an intergovernmental organization and International organization of a universal character means the United Nations, its specialized agencies, the International Atomic Energy Agency and any similar organization whose membership and responsibilities are on a worldwide scale. 10 Sumaryo Suryokusumo emphasized that international organizations of a universal character give more opportunities to their members as widely as possible regardless the States are big or small, strong or weak, and the principle of perfect equality of State is an important factor and the members have the same voting rights. 11 The United Nations and the Specialized promotion of friendly relations and cooperation among States, irrespective of their political, economic and social systems. 8 Sumaryo Suryokusumo,1995, Hukum Diplomatik Teori Dan Kasus, Bandung: Penerbit Alumni, p.11-12. 9 See Preamble of 1975 Vienna Convention, Affirming that the rules of customary international law continue to govern questions not expressly regulated by the provisions of the present Convention. 10 See Article 1, 1975 Vienna Convention on the Representation of States in Their Relations with International Organizations of a Universal Character. 11 Sumaryo Suryokusumo,1993, Studi Kasus Hukum Organisasi Internasional, Bandung: Penerbit Alumni, p.47-48 Agencies can be classified in this type of organization. 12 Henry G. Schremer provides general criteria or characteristics for universal international organizations as follows: 13 a. Universality, the universal international organization operates in a wide scale of activities. This organization usually will not provide severe requirements for its membership and not imposing sanctions to expel its members. b. Ultimate Necessity, these organizations concern in various aspects of international life and needed by all countries such as weather, shipping, aviation and others. This organization is more technical as like as the United Nations Special Agencies. c. Heterogeneity, the members of organizations will have different views both in politics, economic levels and different cultures. In its heterogeneous, States member have a large and small population but they will have the same voting rights.
According to Sumaryo Suryokusumo, an international organization always has three aspects, namely: administrative aspects, philosophical aspects and legal aspects. 14 a. The administrative aspect concerns to the need of establishment a permanent secretariat whose location is in the territory of its member States which is determined through an agreement between the international organization and the host State (Headquarters Agreement). In addition, it is also necessary to have personnel staffs as international civil servants. In carrying out their duties, they will not obtain or receive instructions from any government or from any other authority outside the organization. They should limit themselves to take actions that could affect their position as international civil servants and only responsible to the organization. b. Philosophical aspects, the establishment of international organizations will be influenced by the philosophy of life of the nations in the certainty area. Likewise, the issues of peace or other themes can be used for the basis establish of the international organization. c. Legal aspects, international organizations are formed through an agreement from three or more States as parties. An organization is essentially a unit which is legally separated from every other organization and consists of one or more bodies. These bodies are a collection of various powers grouped under one name. The international agreement to establish the international organization is a constituent instrument that consist of the principles and purposes, structure and working systems of the organization. In some international organizations is possible to act as a law-making body (treaty-making powers) that create the principles of international law in various legal instruments.
Every international organization, including the international organization of a universal character according to Leroy Bennett 15 , has the following characteristics: a. A permanent organization to perform a set of functions, b. Membership is voluntary character, c. Have the main instrument (constituent instrument) that contain the purposes, structure and systems of the organization, d. Have an assembly body, e. Have a permanent secretariat that carries out administrative, research and information functions. Referring to the matters as described before and taking into account the provisions of the

Vienna Convention on The Representation of States in Their Relations with International
Organizations of a Universal Character, the United Nations and the United Nations Special Agencies are the most ideal examples for explore as universal international organizations.
The United Nations as a successor of the League of Nations is an international organization established by the Charter produced at the San Francisco Conference in 1945 based on proposals made at Dumbarton Oaks. 16 The United Nations Charter was signed on June 26, 1945 is the constituent instrument of the organization and its consist of various aspects, both concerning of the purposes, principles, membership (including the conditions) 17 , organs of the United Nations 18 , including the Statute of International Court of Justice. Malcolm N Shaw said that the Charter of the United Nations is not only the multilateral treaty which created the organization and outlined the rights and obligations of those states signing it, it is also the constitution of the UN, laying down its functions and prescribing its limitations. 19 In Chapter I Article 1 of UN Charter Stated Purposes of the United Nations are: 1. To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace; 2. To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace; 3. To achieve international cooperation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; and 4. To be a center for harmonizing the actions of nations in the attainment of these common ends. According to F. Sugeng Istanto, based on Article 1 of UN Charter can be said that the purposes of UN are: 20 a. Maintaining peace and security; b. Developing friendly relations between nations; c. Seeking international cooperation to solve economic, social, cultural and humanitarian issues as well as to promote and encourage respect for human rights and basic human freedoms; d. Harmonizing the actions of nations in achieving these common purposes. 16  Furthermore Bursan Tsani said that for maintaining international peace and security, the United Nations also has a duty and function to prevent world wars, United Nations also plays a role in the development and implementation of international humanitarian law. 21 In order to fulfill the administrative aspect, the United Nations has also made an agreement on the existence of a permanent secretariat with the United States of America Government, this agreement namely the United Nations Headquarters in New York City, United States of America. Likewise, in the legal aspect, the organs of the United Nations, both the main organs such as General Assembly, Security Council, and other organs as well as the Special Agencies, have produced many international legal instruments, including the codification of international law. Thus, the United Nations also belongs the criteria for legal personality as noted by Ian Brownlie: 22 1. Permanent association of States, with lawful objects, equipped with organs; 2. A distinction, in terms of legal powers and purposes, between the organization and its member States 3. The existence of legal powers exercisable on the international plane and not solely within the national systems of one or more States.
In the area of taking legal actions as Stated in point 3, Ian Brownlie furthermore explained that it was indicated by: 23 a. Making international agreements (the treaty making power), although not all constituent instruments provide direct authority for international organizations to make international agreements, sometimes it can be interpreted from the existing constituent instruments as a whole based on the doctrine of implied powers (infra). United Nations can make the trusteeship agreements 24 , as well as agreements in relationship to the Specialized Agencies 25 , including headquarters agreements with its member States as well as cooperation with other international organizations. b. Having the rights of privileges and immunities, international organizations always have the right of privileges and immunities concerning security, assets, headquarters, and representatives of States member accredited to the organization. c. Having the capacity to espouse international claims, as has happened in the Reparation Case decided by the International Court of Justice d. Functional protection of agents and persons entitled through them, this can be seen in the killings of the United Nations mediator Count Folke Bernadotte and his aide Colonel Serot who were carrying out their duties during the disputed Palestinian territories in 1948. 26 e. Locus standi before international tribunals, the United Nations, through its organs, can apply for an Advisory Opinion to the International Court of Justice. 27 f. Having responsibility, the United Nations can expand its functions other than making treaties, carrying out administrative functions in certain territories, using armed forces (in the function of force keeping or peace keeping) and providing technical assistance. g. Carrying out administrative functions in certain areas h. Having the right to carry out organizational missions or activities in the territory of its member countries 21  i. Getting recognition from States member.

The Representation of States to International Organizations of a Universal Character
Based on the purpose of the United Nations in the Charter of United Nations, the activities to carry out by the United Nations and the Special Agencies are so numerous. In generally, the activities will bring benefits to States member and even non-States member. In order to establish a harmonious relationship, States will send their representatives and accredited to international organization of a universal character. Based on 1975 Vienna Convention on The Representation of States in Their Relations with International Organizations of a Universal Character, the representation of States are grouped into two types, namely: a. Permanent Mission means a mission of permanent character, representing the State, sent by a State member of an international organization to the Organization; 28 b. Permanent Observer Mission means a mission of permanent character, representing the State, sent to an international organization by a State not a member of the Organization. 29 Regarding of State representatives in international organizations of a universal character, both of the status of the permanent mission and the permanent observer mission sent by sending State, the international organization will notify the host State where the headquarter or permanent secretariat is located. 30 The g. promoting the realization of the purposes and principles of the Organization by cooperating with and within the Organization.
Sri Setianingsih Suwardi stressing that the functions and duties of the permanent mission in an international organization are different with a diplomatic mission. The main duties of permanent mission to international organizations is to coordinate national representatives in various organs in international organizations. Permanent Mission act as a service center for national activities in international organizations where it has accredited. 31

The function of the permanent observer mission as Stated in Article 7 of the 1975 Vienna Convention on the Representation of States in Their Relations with International
Organizations of a Universal Character are: a. ensuring the representation of the sending State and safeguarding its interests in relation to the Organization and maintaining liaison with it; b. ascertaining activities in the Organization and reporting thereon to the Government of the sending State; c. promoting co-operation with the Organization and negotiating with it.
The sending State may accredit the same person as head of mission to two or more international organizations of a universal character or appoint a head of mission as a member of the diplomatic staff of another of its missions. 32 The sending State may accredit a member of the diplomatic staff of the mission as head of mission to other international organizations or appoint a member of the staff of the mission as a member of the staff of another of its missions. 33 This phenomenon can be said as the multiple accreditation or appointment in the international organization law.
In generally, the person who will be accredited to international organizations of a universal character, a State government has the freely to appoint them. The size of the mission shall not exceed what is reasonable and normal, having regard to the functions of the organization, the needs of the particular mission and the circumstances and conditions in the host State. 34 The sending State has an obligation to notify the host State the arrival or returning of mission members to international organizations.
Besides a permanent mission or permanent observer mission, a State is possible to send a delegation to attend in a conference organized by an international organization's organ. The provisions of sending a delegation to attend conferences organized by international organizations are in line with the provisions on the state representatives to international organization. It is concerns both the size of delegation, their arrival and departure and the composition of the delegation.

The Privileges and Immunities of International Organizations a. The privileges and Immunities of Organizations
International organizations as subjects of international law have an international personality is always supported with the privileges and immunities rights. These rights are not only granted to the organization but also to the officials of the international organization. In 1946, the United Nations adopted the Convention on the Privileges and Immunities of the United Nations which was accepted by General Assembly on 13 February 1946, this convention to explore the provision of Article 105 of the United Nations Charter. This organizations, in the territory of each member, enjoy the privileges and Immunities rights to achieve their goals. These privileges and Immunities rights are also applied for Special Agencies based on the Convention on the Privileges and Immunities of Specialized Agencies which accepted by General Assembly on November 21, 1947. 35 The privileges and Immunities rights are similar to diplomatic and consular missions as a whole. Basically, the purpose of privileges and P-ISSN 2656-6532 Volume 4 Number 1, July-December 2022E-ISSN: 2723-2603 immunities contained in the present Convention is not to benefit individuals but to ensure the efficient performance of their functions in connection with organizations and conferences, but also to achieve the goals of the organization. International organizations will also enjoy the privileges and immunities rights not only concern to the inviolability of the headquarters or permanent secretariat only, but also includes archives, documents, freedom of communication and exemption from all taxation of the receiving State. 36 In addition, international organizations also have an immunity from jurisdiction of the receiving State. This is very important for international organizations to be free from the domestic court jurisdiction of the receiving State as stated in the second chapter of the UN Convention above. 37

b. The privileges and Immunities of Officials
The status of international organization officials are derive from the international organization in the host State. Both of them would be said to be international civil servants, because they are fully working for international organization. Privileges and Immunities rights granted to international organization staffs have the basic reasons as granted to organizations. The privileges and immunities rights for international organization staffs to ensure the efficient performance of their functions in connection with the host State and to achieve the goals set by the organization. 38 In order to explore the provisions of Article 104 and Article 105 of UN Charter, the United Nations has made several headquarter agreements with the United States, Netherlands, Switzerland and Austria where there are UN headquarters or offices. In the headquarter agreement between the Dutch Government and the International Court of Justice (ICJ), it has been specifically regulated the privileges and immunities rights enjoyed by international judges and other persons related to the work and duties of the Court, for example: registrar. 39 The United Nations also made treaties for the granting of privileges and immunities in non-member countries, such as the Interim Arrangement agreed by United Nations with the Government of Switzerland on July 1, 1946. 40 The arrangement not only contained provisions regarding the explicit recognition of legal personality United Nations in Geneva, but including the privileges and immunities of the building and also for representatives of States members and international civil services who are working there. 41 The international organization officials enjoy immunity rights, especially immunity from local courts, from the activities carried out in the official functions. However, the immunity can be waived by the organization itself. These officials also have fiscal immunity, which is exempt from paying the taxes on their salaries. In fact, within the global framework for the experts appointed by the organization's subsidiary organs, also enjoy privileges rights as decided by the ICJ. 42

The Privileges and Immunities of the Representation of States to an International Organizations of a Universal Character a. Permanent Missions and Permanent Observer Missions
Based on Article 1 point (7) Sumaryo Suryokusumo,1995,op.cit.p.70 37 Boer Mauna, op.cit.p.499 38 ibid.p.500 39 Sumaryo Suryokusumo, 1990 The Arrangement signed between UN with the Government of Switzerland before to be State member of UN. Starting in 1990, Switzerland become the UN members in 2002. See www.un.org 41 Sumaryo Suryokusumo, 1990,op.cit.p.116 42 Boer Mauna,op.cit.p.501 permanent mission means a mission of permanent character, representing the State, sent by a State member of an international organization to the Organization. In Article 1 point (8), 1975Vienna Convention stated Permanent Observer Mission means a mission of permanent character, representing the State, sent to an international organization by a State not a member of the Organization. For supporting their function, the head of mission and the staff members of permanent mission or permanent observer missions will be granted with privileges and immunities rights.
The privileges and immunities rights for state representatives is not detail regulated in the headquarter agreement between the United Nations and the United States of America government, but in the Interim Arrangement agreed between the Switzerland government and the United Nations on July 1, 1946, it explicitly states the granting of privileges and immunities rights for representatives of States member. Likewise, in the agreement signed between the United Nations and the government of the Republic of Austria on April 13, 1967 regarding the existence of the UNIDO headquarters in Vienna, it has provided the immunities and privileges rights for the representatives of its members, including permanent representatives of States members. 43 The privileges and immunities rights are consists of the mission as a whole and the individual as applicable to diplomatic mission and the staffs in general. Basically, the host state in cooperation with the organization will guarantee and assist all the facilities for the purpose of the mission, namely; assisting in providing mission locations, residences and accommodations for its staff member. Permanent missions of the sending State shall have the right to use the national flag and emblem of their State, although it should be in harmony with the laws, regulations, and usages of the host State. 44 The privileges and immunities rights enjoyed by the mission, in generally are immunity of premises, immunity of archives and documents and the privilege of exemption from taxation, freedom of movement and freedom of communication. 45 The personal immunities enjoyed by personal are exempt from criminal, civil and administrative jurisdiction of the host State, immunities for his residence and property. 46 The privileges rights are exempt from the regulations of social security and services, all taxes and levies, customs inspection and all forms of inspection in the host State. 47 The privileges and immunities enjoyed by the mission and its officers of the sending State, in the application of it shall due to respect the provisions of the laws and regulations of the host State and must not be used in any manner incompatible with the functions of the mission. The other fundamental thing is the prohibition for heads of missions and members of missions to carry out professional activities as stated in Article 39 of the 1975 Vienna Convention on the Representation of States in Their Relations with International Organizations of a Universal Character.

b. Delegations to Organs and to Conferences
A State may send a delegation to an organ or to a conference in accordance with the rules of the Organization. Delegation means, as the case may be, the delegation to an organ or the delegation to a conference. Members of the observer delegation will enjoy privileges and immunities in the performance of their function, including if they are members of a diplomatic or consular mission, they will also enjoy privileges and immunities under the 1975 Vienna Convention.
For supporting the implementation of privileges and immunity rights for state delegates (permanent mission, permanent observer mission or delegates to organs and delegates to conferences and observer delegations), it is necessary to have mutual cooperation between the sending State and the host State, especially regarding the immunity of premises or residence, the properties and personal immunity. For this reason, all existing delegates have an obligation to respect all laws and regulations in the host State, including must not be used in any manner incompatible with the functions of the mission as laid down in the present Convention or by other rules of general international law or by any special agreements in force between the organizations and the host State.

D. Conclusion
Referring to the legal issues and analysis, the conclusions are: 1. The representation of state in their relations with international organizations of a universal character can be grouped into three types, namely: a. Permanent mission sent by a State member and Permanent Observer Mission sent by a State not a member of the Organization. b. Delegation to an organ in the proceedings of the organ; Delegation to a conference to participate on its behalf in the conference; and Observer delegation to a conference. c. Observer delegation to an organ and Observer delegation to a conference In generally, the function of representations of States in their relations with international organizations of a universal character are strengthening the cooperation between States and International organizations and for non-State members are giving the benefits to their States related to the activities of these international organizations. 2. Based on the agreements made by the United Nations or the Specialized Agencies and State member regarding the existence of headquarter or permanent secretariat, the international organizations, international civil servants and representations of States who are accredited to international organizations are granted the privileges and immunities rights like diplomatic mission. 3. The implementation of the privileges and immunities rights granted by the host State based on bilateral treaty between the Organization and the host State and its needed supporting by the organizations, the sending State and the host State.