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5. There are two institutional aspects of the CTBTO PrepCom that need to be addressed separately: first, the fact that the Commission was established by virtue of a resolution, as opposed to a formal international treaty, authenticated, signed and ratified, or acceded to by States or other subjects of international law. This is the normal legal basis for an entity to qualify as an intergovernmental organization entitled to recognize the jurisdiction of the Tribunal. The important legal element is however that subjects of international law should have agreed on an act conveying their clear intention to establish such an organization with immediate effect. The resolution establishing CTBTO PrepCom, and endowing it with attributes pertaining to intergovernmental organizations, including the necessary privileges and immunities, should be considered as constituting such an act, especially as it has been implemented in the host State by an agreement granting the Commission immunity from legal process. It will be recalled, in this regard, that the Interim Commission for the International Trade Organization (ICITO/GATT) which recognized in 1957 the jurisdiction of the Administrative Tribunal of the ILO had also come into existence on the basis of a resolution adopted in 1948 in the context of the Havana Conference.
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