Contractual Legal Capacity of International Organizations in the Context of Global Transformations: A Critical Analysis of Doctrine, Regional Models and Modern Challenges

In the modern system of international relations, there is a transformation from a state‑centric model to a multi‑level system of global governance, which actualizes the issue of international organizations’ legal personality. Treaty‑making capacity acts as a key element of their international legal personality; however, the theoretical distinction between “capacity” and “competence” creates legal uncertainty, while the practice of applying the doctrine of implied powers causes justified criticism in the scientific community. The aim of the research is a comprehensive analysis of theoretical and practical aspects of the evolution of treaty‑making capacity of international organizations in the context of the transformation of the international legal order. The tasks include analyzing the dichotomy of “capacity” and “competence” concepts, critically evaluating the doctrine of implied powers, studying normative regulation and regional models of treaty‑making capacity, as well as identifying current trends and challenges in this area. The research is based on a comprehensive application of comparative legal method (for analyzing regional models), doctrinal analysis (for studying theoretical concepts), systematic approach (in researching normative regulation), and critical analysis method (in evaluating judicial practice). The methodological foundation also includes analysis of international judicial bodies’ practice and activities of major international organizations in the treaty sphere. The study reveals trends towards blurring the boundaries between “capacity” and “competence” concepts, establishes the compromise nature of normative regulation in the 1986 Vienna Convention, and identifies significant differences between European, Asian, African, and Latin American models of treaty‑making capacity. The significant expansion of the scope of treaty activities of international organizations and the transformation of practices under the influence of digitalization are proven. Key challenges are identified: fragmentation of international law, ensuring democratic legitimacy and transparency of contractual activities of international organizations.