The Specialised Agencies and Their Relationship with the United Nations: Membership and Representation Issues

This contribution aims to analyse the relationship between the United Nations and its specialised agencies, focusing on the extent of autonomy the latter retain from the United Nations in two fundamental areas of the law of international organisations: membership and representation. These aspects have shaped the UN family’s journey over its 80 years, reflecting shifts in the international community – from decolonisation to the dissolution of the Soviet Union and Yugoslavia, until the emergence of newly independent States in the 21st century – as well as incomplete processes of self-determination and ongoing debates over statehood, undemocratic regime changes and recognition. Regarding membership, the research first examines how UN determinations of statehood influence the decisions of specialised agencies on membership and observer status. It then analyses the implications of admitting States that are not yet UN members – and whose international legal personality remains contested – to specialised agencies, with particular attention to their participation in UN conferences and treaties that follow the “Vienna” or the “all States” formulas. Regarding representation, the research first investigates whether specialised agencies adhere to the UN General Assembly’s credentials process – often criticised as politically charged – or whether they exercise greater independence in this regard. The study then explores potential inconsistencies arising from divergent practices among agencies, highlighting how such discrepancies may affect the legitimacy and uniformity of participation within the UN system. Ultimately, the study sheds light on the balance between the autonomy of specialised agencies and their need for coordination with the United Nations, assessing the consequences of their independent decision-making in the areas of membership and representation