International organisations whose membership comprises states1 are capable of enjoying international legal personality separately from their respective member states2. They are furnished with powers and can bear rights and obligations under treaty, although whether they have substantive rights and obligations as a matter of customary international law is less clear. Subject to the terms of their constituent instrument, they are capable of entering into treaties and of bearing and invoking responsibility under international law3. But if they are capable at all of contributing formally to the creation and modification of customary international law, it is likely only in relation
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