30International organizations: concept, characteristics and classification.. Concept, classification, legal nature and structure of international organizations
International Organization (IO)- an organization established by an agreement of member states giving it the status of an international organization. The term international organizations is also used in relation to interstate
gift (intergovernmental) and non-governmental organizations. Their legal nature is different.
Int. intergovernmental organization (IGGO)- an association of states established on the basis of a treaty
to achieve common goals, having permanent bodies and acting in the common interests of member states while respecting their sovereignty. MMPO can be classified:
a) on the subject of activity - political, economic, credit and financial, on trade issues,
healthcare, etc.;
b) according to the range of participants - universal and regional;
c) according to the procedure for admitting new members - open or closed
d) by field of activity - general or special
competence;
e) according to the goals and principles of activity - legal
or illegal;
f) by the number of members - worldwide or group.
Signs of MMPO.
1. Membership of at least three states.
2. Permanent bodies and headquarters.
3. Availability of a constituent agreement.
4. Respect for the sovereignty of member states.
5. Non-interference in internal affairs.
6. Installed by
Intergovernmental organizations (INGOs) are not created on the basis of an interstate agreement and
unite individuals and/or legal entities. INGOs are:
a) political, ideological, socio-economic, trade union;
b) women's, for the protection of family and childhood;
c) youth, sports, scientific, cultural and educational;
d) in the field of print, cinema, radio, television, etc.
IOs are secondary or derivative entities of the international enterprise and are created by states. Process of creation
MO includes three stages:
1) adoption of the organization’s constituent documents;
2) creation of its material structure;
3) convening of the main bodies - the beginning of functioning.
The structure of the Moscow Region is made up of the bodies of the Moscow Region - its structural link, which is created on the basis of the constituent
or other acts of the Moscow Region. The body is endowed with certain competence, powers and functions, has an internal structure and a procedure for making decisions. The most important body of the MoD is the intergovernmental body, to which member states send representatives to act on their behalf. Based on the nature of their membership, bodies are divided into:
Intergovernmental;
Interparliamentary (typical for the European
union, consist of parliamentary delegates elected in proportion to the population);
Administrative (from international officials serving in the Ministry of Defense);
Consisting of persons in their personal capacity, etc.
31.The legal nature of international organizations and the features of the norms they create.
An international intergovernmental organization, as noted in the chapter “Subjects of International Law,” has a derivative and functional legal personality and is characterized by the following characteristics.
Firstly, it is created by states that record their intention in a constituent act - the Charter - as a special type of international agreement.
Secondly, it exists and operates within the framework of a constituent act that defines its status and powers, which gives its legal capacity, rights and obligations a functional character.
Thirdly, it is a permanent association, which is manifested in its stable structure, in the system of its permanent bodies.
Fourthly, it is based on the principle of sovereign equality of member states, while membership in the organization is subject to certain rules characterizing the participation of states in the activities of its bodies and the representation of states in the organization.
Fifthly, states are bound by resolutions of the organs of the organization within the limits of their competence and in accordance with the established legal force of these resolutions.
Sixth, each international organization has a set of rights characteristic of a legal entity. These rights are fixed in the constituent act of the organization or in a special convention and are implemented taking into account the national legislation of the state in whose territory the organization performs its functions. As a legal entity, it is competent to enter into civil transactions (conclude contracts), acquire property, own and dispose of it, initiate cases in court and arbitration and be a party to litigation.
Seventhly, an international organization has privileges and immunities that ensure its normal activities and are recognized both at the location of its headquarters and in any state in the exercise of its functions.
Internal law of international organizations. This term is used to refer to the norms created in each organization to regulate the intra-organizational mechanism and the relationships that develop between bodies, officials and other employees of the organization. The most important component of this right is the rules of procedure of the authorities.
From a legal point of view, the rules on the status of persons included in the organization’s personnel are of significant importance. Elected or appointed senior officials and contracted staff members belong to the international civil service and, during their term of office, shall not receive instructions from or be influenced by their governments in the performance of their duties. They are responsible only to the organization and its highest official - the general secretary or director. At the end of their service, they are provided with payment of pensions from the organization’s fund.
Currently, it is widely recognized that there are two components of the law-making activities of international organizations: a) direct participation in the creation of norms international law; b) participation in the law-making process of states7. At the same time, an analysis of international legal literature indicates the absence of a unified conceptual apparatus on this issue. The doctrine uses various terms to define the participation of international organizations in law-making activities: forms8, methods9, directions10, types11, aspects12.
When states participate in the law-making process (such activity is sometimes called a quasi-rule-making13 or auxiliary function14), international organizations themselves do not create norms of international law, but only participate in the law-making process of states. According to Professor G.I. Tunkin, the role of international organizations in concluding treaties between states is that they prepare and adopt the final text of an international treaty or prepare a preliminary text of the treaty (if a special international conference is convened).
In addition to the auxiliary function, international organizations carry out direct law-making activities (sometimes referred to as law-making activities37). There are three main types of direct law-making activity: a) conclusion of international agreements by international organizations (in the legal literature this type is sometimes called the external law of international organizations38); b) making decisions that determine the behavior of member countries on the main issues of the organization’s activities, or external regulation; c) making decisions on internal organizational issues, or creating internal law.
Introduction
1. International organizations
1.1 Concept, classification and procedure for creating international organizations, their role in the modern world
1.2 Legal nature of the activities of international organizations
1.3 Legal personality of international organizations, its legal basis
2. Bodies of an international organization
2.1 Classification, decision-making procedure by international organizations. Their legal force
2.2 United Nations: history of creation, principles, membership
2.3 United Nations specialized agencies
2.4 Regional international organizations
Conclusion
List of used literature
Introduction
At the turn of the century, humanity entered a stage in the development of international relations when states consciously lost the monopoly of the only subjects of such relations. Of course, states still remain the main actors on the world stage, but the influence of other actors in international relations is also growing. International organizations become their participants.
In the process of globalization, organizations such as the UN and its specialized agencies should take their rightful place.
The legal nature of international organizations is based on the existence of common goals and interests of member states. For the legal nature of an international organization, it is essential that its goals and principles, competence, structure, etc. have an agreed contractual basis.
The growing interconnectedness of states is reducing the scope of problems that a state can solve alone. Solving international problems that are vital for every state is possible only through organized collective efforts. Moreover, today success in solving an increasing number of internal problems depends on this. As a result, the number of international organizations is growing and their functions are expanding. The process of institutionalization of the international community is deepening.
We can safely say that today the international system could not function normally without a developed complex of international organizations.
International organizations play an important role in the functioning of international law. This applies to both the lawmaking process and law enforcement.
1. International organizations
1.1 Concept, classification and procedure for creating international organizations, their role in the modern world
International organization - an organization established by an international treaty designed to coordinate on an ongoing basis the actions of member states in accordance with the powers granted to it.
Similar definitions are found in international legal acts. Organizations go by a variety of names: organization, foundation, bank, union (Universal Postal Union), agency, center. It is known that the UN is called “United Nations” in other languages. All this does not affect the status of organizations.
Characteristic features of the organization: creation by concluding a special agreement, which is a constituent act (charter, statute); system of permanent bodies; autonomous status and related functions.
All this determines the international legal personality of the organization, the will of which does not necessarily coincide with the will of each of its members.
International organizations are bodies for cooperation between states; they are not supranational in nature. The International Court of Justice has repeatedly emphasized that there is nothing in the nature of international organizations that would allow them to be considered as something like a superstate. The organization has only the competence that states have vested in it.
At the same time, today there are supranational, suprastate organizations. States have delegated to such organizations the exercise of certain sovereign powers. On certain issues they can make decisions that directly bind individuals and legal entities. Moreover, such decisions can be made by a majority vote. These organizations have a mechanism to enforce their decisions.
The founding act of an organization is an international treaty. Because of this, the law of international treaties applies to it. At the same time, the charter is a special kind of agreement. According to the Vienna Conventions on the Law of Treaties of 1969. and 1986 their provisions apply to the contract that is the constituent instrument of the organization, without prejudice to any relevant rules of that organization.
The rules of an organization mean not only the charter itself, but also decisions and resolutions adopted in accordance with it, as well as the established practice of the organization.
The specificity of the charter as an agreement relates, first of all, to the procedure for participation and termination of participation.
A very special position in international law is occupied by the UN Charter, which is considered as a kind of constitution of the world community. According to the Charter, in case of conflict with other obligations of member states, the obligations under the UN Charter take precedence (Article 103).
The growing need to improve the level of manageability of the international system determines the expansion of the powers of organizations, which are mainly defined by charters. For these purposes, resort to two main means: implied powers and dynamic interpretation of statutes.
Implied powers are additional powers of an organization that are not directly provided for by its charter, but are necessary to achieve its goals.
International treaties refer to such powers. They were also confirmed in the acts of the International Court.
Dynamic interpretation means such an interpretation of the charter that develops its content in accordance with the needs of the organization in the effective implementation of its functions.
In modern international relations, international organizations play a significant role as a form of cooperation between states and multilateral diplomacy 1 .
The emergence of international organizations in the 19th century was a reflection and consequence of an objective trend towards the internationalization of many aspects of society. Since the creation of the Central Commission for Navigation on the Rhine in 1815, international organizations have been given their own competence and powers.
A new stage in their development was the establishment of the first international universal organizations - the Universal Telegraph Union (1865) and the Universal Postal Union (1874), which had a permanent structure.
Modern international organizations are characterized by a further expansion of their competence and a more complex structure.
The term “international organizations” is used, as a rule, in relation to both interstate (intergovernmental) and non-governmental organizations. However, their legal nature is different. An interstate organization is characterized by the following features: membership of states; existence of a constituent international treaty; permanent organs; respect for the sovereignty of member states. Taking these features into account, it can be stated that an international intergovernmental organization is an association of states established on the basis of an international treaty to achieve common goals, having permanent bodies and acting in the common interests of member states while respecting their sovereignty. Such organizations are subjects of international law.
First time term "international intergovernmental organization"was used in paragraph 1 of article 2 of the Charter of the International Institute for the Unification of Private Law.
The main feature of non-governmental international organizations is that they were not created on the basis of an interstate treaty and unite individuals and/or legal entities (for example, the Association of International Law, the International Federation of Red Cross and Red Crescent Societies, the World Federation of Scientists, etc.).
Various criteria can be applied to classify international organizations. According to the nature of their membership they are divided into interstate and non-governmental.
International non-governmental organizations, being a special form of international communication, are the subject of study and research in various scientific disciplines - international law, political science, history, sociology, etc. Since the 1970s, research on non-governmental organizations has been formalized into a relatively independent, comprehensive scientific direction, although, until today, INGOs are also considered in the context of research on international intergovernmental organizations. This is primarily due to the fact that until the 1990s, non-governmental organizations were assigned a secondary role compared to international intergovernmental organizations.
Let us turn to the issue of the emergence and evolution of non-governmental organizations. As some researchers note, “the tendency for the development of international cooperation along non-state lines emerged in ancient times, although at that time it had a very limited scope: the locations of traditional trade fairs were determined, meetings of scientists took place, etc.” As a consequence, the growing needs for international communication have led to the fact that the number of non-governmental contacts has multiplied, and their forms have become more complex and modified.
In accordance with ECOSOC Resolution 288 B (X) 1950 the term “non-governmental” means “any international organization not established by intergovernmental agreement” 2 .
International law doctrine divides INGOs into three categories: non-governmental organizations organized by governments. The formation of such non-governmental organizations was characteristic of the Cold War period; non-governmental organizations; non-governmental organizations completely dependent on donors.
The main body of most non-governmental organizations is the general meeting, the frequency of which is provided for in the charter. This representative body has different names in different organizations: assembly, world assembly, general assembly, plenary session, congress, conference, etc.
Executive bodies are either elected for a certain period by a representative body, or are created on the principle of representation from national organizations. Often, INGOs have two executive bodies with different competencies and different names: executive council, executive committee, bureau, general council, board of directors, etc. Officials are also elected: president, vice presidents, chairman of the executive committee and his deputies. An important role among these officials is played by the general secretaries, who direct the activities of the permanent secretariat.
The doctrine of international law makes a distinction between non-governmental organizations with specific members and non-governmental organizations with indeterminate membership.
Most non-governmental organizations are the same in composition: their members are national organizations or individuals, or both (the so-called collective and individual membership).
Taking all this into account, INGOs are conventionally divided into two types: those consisting of individuals; uniting national non-governmental organizations. However, there are other types of membership.
Characterizing the legal nature of INGOs, it should be noted that in the Russian doctrine of international law the prevailing view is that they are not subjects of international law, but may well act as subjects of international legal relations.
Considering the practical contribution of non-governmental organizations to the development of modern international relations and law, various scientists recognize them as subjects of international law with special interests.
The main function of international non-governmental organizations is to establish links between states and non-state segments. In this case, non-governmental organizations act as a non-political entity and are able to act in this capacity, both at the national and international levels. This opportunity is based on increasing trust. One of the factors that helps build trust between governments and non-governmental organizations is that many non-governmental organizations undergo national registration of their constituent instruments, which set out their goals and objectives.
The influence of INGOs on the activities of intergovernmental organizations, their role in international relations and international law is manifested in various forms. Let's name some of them:
Informational: INGOs regularly send general and specific information to states and intergovernmental organizations and their bodies in the area of their activities. They also disseminate information received from intergovernmental organizations. Especially important role INGOs play a role in disseminating knowledge about human rights.
Advisory: INGOs provide advice and consultation to organizations, individuals, groups of individuals at their request.
Law-making: INGOs traditionally participate in the law-making process, influencing the position of states and developing draft agreements.
Such projects are often submitted to states and intergovernmental organizations for consideration. Some INGOs are specifically involved in the informal codification of international law, such as the Hague Institute of International Law. The International Committee of the Red Cross (ICRC) plays a major role in the codification of international humanitarian law, with the active participation of which the 1949 Geneva Conventions for the Protection of Victims of War and their Additional Protocols were developed.
Investigative: INGOs have repeatedly created special investigative commissions. Thus, on the initiative of the International Association of Democratic Lawyers, the International Commission for the Investigation of US Crimes in Indochina (in 1970) and the International Commission for the Investigation of Israeli Crimes in the Occupied Arab Territories were created. IN last years a number of INGOs, for example, Amnesty International, created special commissions of inquiry to investigate the human rights situation in Chile, Rwanda, and Haiti.
Based on the range of participants, interstate organizations are divided into universal, open to the participation of all states of the world (UN, its specialized agencies), and regional, whose members can be states of the same region (Organization of African Unity, Organization of American States).
Interstate organizations are also divided into organizations of general and special competence. The activities of organizations of general competence affect all areas of relations between member states: political, economic, social, cultural, etc. (for example, the UN, OAU, OAS).
Organizations of special competence are limited to cooperation in one special area (for example, the Universal Postal Union, the International Labor Organization, etc.) and can be divided into political, economic, social, cultural, scientific, religious, etc.
Classification by the nature of powers allows us to distinguish between interstate and supranational or, more precisely, supranational organizations. The first group includes the vast majority of international organizations whose purpose is to organize interstate cooperation and whose decisions are addressed to member states. The goal of supranational organizations is integration. Their decisions apply directly to citizens and legal entities of member states. Some elements of supranationality in this understanding are inherent in the European Union (EU) 3 .
From the point of view of the procedure for joining them, organizations are divided into open (any state can become a member at its discretion) and closed (membership is accepted at the invitation of the original founders). An example of a closed organization is NATO.
International organizations as secondary, derivative subjects of international law are created (established) by states. The process of creating a new international organization goes through three stages: adoption of a constituent document; creation of the material structure of the organization; convening of the main bodies, indicating the beginning of the functioning of the organization.
The agreed expression of will of states regarding the creation of an international organization can be recorded in two ways: in an international treaty; in a decision of an already existing international organization.
The most common way is to conclude an international treaty. This involves convening an international conference to develop and adopt the text of an agreement, which will be the founding act of the organization. The names of such an act can be different: statute (League of Nations), charter (UN, OAS, OAU), convention (UPU, WIPO), etc. The date of its entry into force is considered the date of creation of the organization.
International organizations can also be created in a simplified manner, in the form of a decision made by another international organization. The second stage involves the creation of the material structure of the organization. For these purposes, special preparatory bodies are most often used. This is the practice of creating the UN, UNESCO, FAO, WHO, IAEA, etc. Recent examples include the preparatory commission for the International Seabed Authority and the International Tribunal for the Law of the Sea.
Preparatory bodies are established on the basis of a separate international treaty or annex to the charter of the organization being created, or on the basis of a resolution of another international organization. These documents define the composition of the body, its competence and functions. The activities of such a body are aimed at preparing draft rules of procedure for future bodies of the organization, working through the entire range of issues related to the creation of headquarters, drawing up a preliminary agenda for the main bodies, preparing documents and recommendations related to all issues on this agenda, etc.
Cease to existorganizations also occurs through the concerted expression of the will of the member states. Most often, the liquidation of an organization is carried out by signing a protocol on dissolution.
Types of organizations can be determined by a number of criteria. Depending on the circle of members, organizations of general or limited membership are distinguished. General, or universal, potentially designed for the participation of all states. Organizations can deal with general political problems or special types of cooperation (transport, communications, healthcare).
Today, most organizations are interstate. They do not have supranational power, their members do not transfer their power functions to them. The task of such organizations is to regulate cooperation between states. At the same time, there are also supranational, suprastate organizations to which states have delegated the exercise of certain sovereign powers. On certain issues they can make decisions that directly bind individuals and legal entities. Moreover, such decisions can be made by a majority vote. These organizations have a mechanism to enforce their decisions.
Types of organizations (by coverage):
Universal (worldwide) organizations, first of all, the United Nations (UN). In addition, this should include such specialized organizations as the United Nations Educational, Scientific and Cultural Organization (UNESCO), the World Health Organization (WHO), and the International Atomic Energy Agency (IAEA).
Other organizations, including: Regional organizations, including the European Union (EU), African Union (AU), Commonwealth of Independent States (CIS).
Organizations created by relevant multilateral international treaties (for example, the International Seabed Authority created by the 1982 UN Convention on the Law of the Sea)
Types of organizations (by competence): With general competence (UN, CIS).
With special competence (UNESCO, IAEA) 4.
International organization - is an association of states created in accordance with international law and on the basis of an international treaty, for cooperation in political, economic, cultural, scientific, technical, legal and other fields, having the necessary system of bodies, rights and obligations derived from the rights and the duties of states, and autonomous will, the scope of which is determined by the will of the member states.
Comment
- contradicts the foundations of international law, since there is not and cannot be a supreme power over the states - the primary subjects of this law;
- vesting a number of organizations with management functions does not mean transferring to them part of the sovereignty of states or their sovereign rights. International organizations do not have sovereignty and cannot have it;
- the obligation of direct execution by member states of decisions of international organizations is based on the provisions of the constituent acts and nothing more;
- no international organization has the right to interfere in the internal affairs of a state without the consent of the latter, because otherwise would mean a gross violation of the principle of non-interference in the internal affairs of a state with the ensuing negative consequences for such an organization;
- the possession of a “supranational” organization with the authority to create effective mechanisms for control and enforcement of compliance with mandatory rules is just one of the qualities of the organization’s legal personality.
Signs of an international organization:
Any international organization must have at least the following six characteristics:
Establishment under international law
1) Establishment in accordance with international law
This attribute is essentially decisive. Any international organization must be created on a legal basis. In particular, the establishment of any organization must not prejudice the recognized interests of the individual State and international community generally. The founding document of an organization must comply with generally accepted principles and norms of international law. According to Art. 53 of the Vienna Convention on the Law of Treaties between States and International Organizations, a peremptory norm of general international law is a norm that is accepted and recognized by the international community of states as a whole as a norm, deviations from which are unacceptable and which can only be changed by a subsequent norm of general international law bearing the same character.
If an international organization was created unlawfully or its activities contradict international law, then the constituent act of such an organization must be declared void and its effect terminated as soon as possible. An international treaty or any of its provisions is invalid if its execution is associated with any action that is unlawful under international law.
Establishment based on an international treaty
2) Establishment based on an international treaty
As a rule, international organizations are created on the basis of an international treaty (convention, agreement, treaty, protocol, etc.).
The object of such an agreement is the behavior of the subjects (parties to the agreement) and the international organization itself. The parties to the founding act are sovereign states. However, in recent years, intergovernmental organizations have also become full participants in international organizations. For example, the European Union is a full member of many international fisheries organizations.
International organizations may be created in accordance with resolutions of other organizations having more general competence.
Cooperation in specific areas of activity
3) Cooperation in specific areas of activity
International organizations are created to coordinate the efforts of states in a particular area. They are designed to unite the efforts of states in the political (OSCE), military (NATO), scientific and technical (European Organization for Nuclear Research), economic (EU), monetary and financial (IBRD, IMF), social (ILO) and in many other areas. At the same time, a number of organizations are authorized to coordinate the activities of states in almost all areas (UN, CIS, etc.).
International organizations become intermediaries between member states. States often refer the most complex issues of international relations to organizations for discussion and resolution. International organizations seem to be taking over a significant number of issues on which previously relations between states were of a direct bilateral or multilateral nature. However, not every organization can claim an equal position with states in relevant areas of international relations. Any powers of such organizations are derived from the rights of the states themselves. Along with other forms of international communication (multilateral consultations, conferences, meetings, seminars, etc.), international organizations act as a body of cooperation on specific problems of international relations.
Availability of appropriate organizational structure
4) Availability of an appropriate organizational structure
This feature is one of the important signs of the presence of an international organization. It seems to confirm the permanent nature of the organization and thereby distinguishes it from numerous other forms of international cooperation.
Intergovernmental organizations have:
- headquarters;
- members represented by sovereign states;
- the necessary system of main and auxiliary organs.
The highest body is a session convened once a year (sometimes once every two years). The executive bodies are the councils. The administrative apparatus is headed by the executive secretary (general director). All organizations have permanent or temporary executive bodies with different legal status and competence.
Availability of rights and obligations of the organization
5) Availability of rights and obligations of the organization
It was emphasized above that the rights and obligations of the organization are derived from the rights and obligations of member states. It depends on the parties and only on the parties that this organization has precisely such (and not another) set of rights that it is entrusted with the fulfillment of these responsibilities. No organization, without the consent of its member states, can take actions affecting the interests of its members. The rights and obligations of any organization are generally enshrined in its constituent act, resolutions of supreme and executive bodies, and in agreements between organizations. These documents establish the intentions of the member states, which must then be implemented by the relevant international organization. States have the right to prohibit an organization from taking certain actions, and the organization cannot exceed its powers. For example, Art. 3 (5 “C”) of the IAEA Charter prohibits the agency, when performing its functions related to providing assistance to its members, to be guided by political, economic, military or other requirements that are incompatible with the provisions of the Charter of this organization.
Independent international rights and obligations of the organization
6) Independent international rights and obligations of the organization
We are talking about the possession by an international organization of an autonomous will, distinct from the wills of the member states. This sign means that, within the limits of its competence, any organization has the right to independently choose the means and methods of fulfilling the rights and obligations assigned to it by member states. The latter, in a certain sense, does not care how the organization implements the activities entrusted to it or its statutory responsibilities in general. It is the organization itself, as a subject of international public and private law, that has the right to choose the most rational means and methods of activity. In this case, member states exercise control over whether the organization lawfully exercises its autonomous will.
Thus, international intergovernmental organization- is a voluntary association of sovereign states or international organizations, created on the basis of an interstate treaty or a resolution of an international organization of general competence to coordinate the activities of states in a specific area of cooperation, having an appropriate system of main and subsidiary bodies, possessing an autonomous will different from the wills of its members.
Classification of international organizations
Among the international organizations it is customary to highlight:
- by nature of membership:
- intergovernmental;
- non-governmental;
- by circle of participants:
- universal - open to the participation of all states (UN, IAEA) or to the participation of public associations and individuals of all states (World Peace Council, International Association of Democratic Lawyers);
- regional - whose members can be states or public associations and individuals of a certain geographical region (Organization of African Unity, Organization of American States, Cooperation Council for the Arab States of the Persian Gulf);
- interregional - organizations in which membership is limited by a certain criterion that takes them beyond the framework of a regional organization, but does not allow them to become universal. In particular, participation in the Organization of the Petroleum Exporting Countries (OPEC) is open only to oil exporting countries. Only Muslim states can be members of the Organization of the Islamic Conference (OIC);
- by competence:
- general competence - activities affect all areas of relations between member states: political, economic, social, cultural and others (UN);
- special competence - cooperation is limited to one special area (WHO, ILO), divided into political, economic, social, cultural, scientific, religious;
- by nature of powers:
- interstate – regulate cooperation between states, their decisions have advisory or binding force for participating states;
- supranational - are endowed with the right to make decisions that directly bind individuals and legal entities of the member states and are valid on the territory of the states along with national laws;
- depending on the procedure for admission to international organizations:
- open – any state can become a member at its discretion;
- closed - admission to membership is carried out at the invitation of the original founders (NATO);
- by structure:
- with a simplified structure;
- with a developed structure;
- by creation method:
- international organizations created in the classical way - on the basis of an international treaty with subsequent ratification;
- international organizations created on a different basis - declarations, joint statements.
Legal basis of international organizations
The basis for the functioning of international organizations is the sovereign will of the states that establish them and their members. Such an expression of will is embodied in an international treaty concluded by these states, which becomes both a regulator of the rights and obligations of states and a constituent act of an international organization. The contractual nature of the constituent acts of international organizations is enshrined in the Vienna Convention on the Law of Treaties between States and International Organizations of 1986.
The statutes of international organizations and relevant conventions usually clearly express the idea of their constituent nature. Thus, the preamble to the UN Charter declares that the governments represented at the San Francisco Conference “have agreed to accept the present Charter of the United Nations and do hereby establish an international organization called the United Nations...”.
Constitutive acts serve as the legal basis of international organizations; they proclaim their goals and principles, and serve as a criterion for the legality of their decisions and activities. In the constituent act of the state, the issue of the international legal personality of the organization is decided.
In addition to the constituent act, international treaties that affect various aspects of the organization’s activities, for example, those treaties that develop and specify the functions of the organization and the powers of its bodies, are essential for determining the legal status, competence and functioning of an international organization.
Constituent acts and other international treaties that serve as the legal basis for the creation and activities of international organizations also characterize such an aspect of the organization’s status as the exercise as a legal entity of the functions of a subject of national law. As a rule, these issues are regulated by special international legal acts.
The creation of an international organization is an international problem that can only be solved by coordinating the actions of states. States, by coordinating their positions and interests, determine the set of rights and obligations of the organization itself. Coordination of the actions of states when creating an organization is carried out by them themselves.
In the process of functioning of an international organization, the coordination of the activities of states takes on a different character, since a special, permanent mechanism is used and adapted for the consideration and agreed solution of problems.
The functioning of an international organization comes down not only to relations between states, but also between the organization and states. These relations, due to the fact that states voluntarily accepted certain restrictions and agreed to obey the decisions of an international organization, may have a subordinate nature. The specificity of such subordination relations lies in the fact that:
- they depend on coordination relations, i.e., if the coordination of the activities of states within the framework of an international organization does not lead to a certain result, then subordination relations do not arise;
- they arise in connection with the achievement of a certain result through the functioning of an international organization. States agree to submit to the will of the organization due to the awareness of the need to take into account the interests of other states and the international community as a whole, for the sake of maintaining an order in international relations in which they themselves are interested.
Sovereign equality should be understood as legal equality. In the 1970 Declaration The principles of international law concerning friendly relations and cooperation between states in accordance with the UN Charter state that all states enjoy sovereign equality, they have the same rights and obligations, regardless of differences of economic and social, political or other nature. In relation to international organizations, this principle is enshrined in the constituent acts.
This principle means:
- all states have equal rights to participate in the creation of an international organization;
- every state, if it is not a member of an international organization, has the right to join it;
- all member states have the same rights to raise issues and discuss them within the organization;
- each member state has an equal right to represent and defend its interests in the organs of the organization;
- when making decisions, each state has one vote; there are few organizations that work on the principle of so-called weighted voting;
- a decision of an international organization applies to all members unless otherwise specified.
Legal personality of international organizations
Legal personality is a property of a person, in the presence of which he acquires the qualities of a subject of law.
An international organization cannot be regarded as a mere sum of its member states or even as their collective representative speaking on behalf of all. In order to fulfill its active role, an organization must have a special legal personality that is distinct from the mere summation of the legal personality of its members. Only with such a premise does the problem of the influence of an international organization on its sphere make any sense.
Legal personality of an international organization includes the following four elements:
- legal capacity, i.e. the ability to have rights and obligations;
- capacity, i.e. the ability of an organization to exercise rights and obligations through its actions;
- ability to participate in the process of international law-making;
- the ability to bear legal responsibility for one's actions.
One of the main attributes of the legal personality of international organizations is the presence of their own will, which allows them to directly participate in international relations and successfully carry out their functions. Most Russian lawyers note that intergovernmental organizations have an autonomous will. Without its own will, without the presence of a certain set of rights and obligations, an international organization could not function normally and carry out the tasks assigned to it. The independence of will is manifested in the fact that after an organization is created by states, it (will) already represents a new quality compared to the individual wills of the organization’s members. The will of an international organization is not the sum of the wills of the member states, nor is it a merger of their wills. This will is “separated” from the wills of other subjects of international law. The source of the will of an international organization is the constituent act as a product of coordination of the wills of the founding states.
The most important features of the legal personality of international organizations are the following qualities:
1) Recognition of the quality of an international personality by subjects of international law.
The essence of this criterion is that member states and relevant international organizations recognize and undertake to respect the rights and obligations of the relevant intergovernmental organization, their competence, terms of reference, grant the organization and its employees privileges and immunities, etc. According to the constituent acts, all intergovernmental organizations are legal entities. Member States shall grant them legal capacity to the extent necessary for the performance of their functions.
2) Availability of separate rights and obligations.
Availability of separate rights and obligations. This criterion for the legal personality of intergovernmental organizations means that organizations have such rights and responsibilities that are different from the powers and responsibilities of states and can be exercised at the international level. For example, the UNESCO Constitution lists the following responsibilities of the organization:
- promoting rapprochement and mutual understanding of peoples through the use of all available media;
- encouraging the development of public education and the dissemination of culture; c) assistance in preserving, increasing and disseminating knowledge.
3) The right to freely perform one’s functions.
The right to freely perform one's functions. Each intergovernmental organization has its own constituent act (in the form of conventions, charters or resolutions of the organization with more general powers), rules of procedure, financial rules and other documents that form the internal law of the organization. Most often, when performing their functions, intergovernmental organizations proceed from implied competence. When performing their functions, they enter into certain legal relations with non-member states. For example, the UN ensures that states that are not members act in accordance with the principles set out in Art. 2 of the Charter, as may be necessary for the maintenance of international peace and security.
The independence of intergovernmental organizations is expressed in the implementation of the regulations that constitute the internal law of these organizations. They have the right to create any subsidiary bodies that are necessary to perform the functions of such organizations. Intergovernmental organizations may adopt rules of procedure and other administrative rules. Organizations have the right to revoke the vote of any member who is in arrears in their dues. Finally, intergovernmental organizations can demand an explanation from a member if it does not implement recommendations regarding problems in their activities.
4) The right to conclude contracts.
The contractual legal capacity of international organizations can be considered one of the main criteria of international legal personality, since one of the characteristic features of a subject of international law is its ability to develop norms of international law.
In order to exercise their powers, agreements of intergovernmental organizations have a public law, private law or mixed nature. In principle, every organization can conclude international treaties, which follows from the content of the Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations of 1986. In particular, the preamble of this Convention states that an international organization has such legal capacity to conclude treaties as necessary for the performance of its functions and the achievement of its objectives. According to Art. 6 of this Convention, the legal capacity of an international organization to conclude treaties is governed by the rules of that organization.
5) Participation in the creation of international law.
The law-making process of an international organization includes activities aimed at creating legal norms, as well as their further improvement, modification or abolition. It should be especially emphasized that no international organization, including a universal one (for example, the UN, its specialized agencies), has “legislative” powers. This, in particular, means that any norm contained in recommendations, rules and draft treaties adopted by an international organization must be recognized by the state, firstly, as an international legal norm, and secondly, as a norm binding on a given state.
The law-making power of an international organization is not unlimited. The scope and type of law-making of an organization are strictly defined in its constituent agreement. Since the charter of each organization is individual, the volume, types and directions of law-making activities of international organizations differ from each other. The specific scope of powers granted to an international organization in the field of lawmaking can only be determined on the basis of an analysis of its constituent act.
In the process of creating norms regulating relations between states, an international organization can play various roles. In particular, in the initial phases of the law-making process, an international organization may:
- be an initiator making a proposal to conclude a certain interstate agreement;
- act as the author of the draft text of such an agreement;
- convene in the future a diplomatic conference of states to agree on the text of the treaty;
- itself to play the role of such a conference, coordinating the text of the treaty and approving it in its intergovernmental body;
- after the conclusion of the agreement, perform the functions of a depositary;
- exercise certain powers in the field of interpretation or revision of a contract concluded with its participation.
International organizations play a significant role in shaping customary rules of international law. The decisions of these organizations contribute to the emergence, formation and cessation of customary norms.
6) The right to have privileges and immunities.
Without privileges and immunities, normal practical activities of any international organization are impossible. In some cases, the scope of privileges and immunities is determined by a special agreement, and in others - by national legislation. However, in general form, the right to privileges and immunities is enshrined in the constituent act of each organization. Thus, the UN enjoys on the territory of each of its members such privileges and immunities as are necessary to achieve its goals (Article 105 of the Charter). The property and assets of the European Bank for Reconstruction and Development (EBRD), wherever located and whoever holds them, are immune from search, confiscation, expropriation or any other form of seizure or disposal by executive or legislative action (Article 47 of the Agreement on establishment of the EBRD).
Any organization cannot invoke immunity in all cases where it, on its own initiative, enters into civil legal relations in the host country.
7) The right to ensure compliance with international law.
Empowering international organizations to ensure compliance with international law demonstrates the independent nature of organizations in relation to member states and is one of the important signs of legal personality.
In this case, the main means are institutions of international control and responsibility, including the use of sanctions. Control functions are carried out in two ways:
- through the submission of reports by Member States;
- observation and examination of a controlled object or situation on site.
International legal sanctions that can be applied by international organizations can be divided into two groups:
1) sanctions, the implementation of which is permissible by all international organizations:
- suspension of membership in the organization;
- expulsion from the organization;
- denial of membership;
- exclusion from international communication on certain issues of cooperation.
2) sanctions, the powers to implement which are strictly defined by organizations.
The application of sanctions classified in the second group depends on the goals fulfilled by the organization. For example, the UN Security Council, in order to maintain or restore international peace and security, has the right to use coercive actions by air, sea or ground forces. Such actions may include demonstrations, blockades and other operations by air, sea or land forces of UN members (Article 42 of the UN Charter)
In the event of a gross violation of the rules for operating nuclear facilities, the IAEA has the right to take so-called corrective measures, up to and including issuing an order to suspend the operation of such a facility.
Intergovernmental organizations are given the right to take direct part in resolving disputes that arise between them and international organizations and states. When resolving disputes, they have the right to resort to the same peaceful means of resolving disputes that are usually used by the primary subjects of international law - sovereign states.
8) International legal responsibility.
Speaking as independent education, international organizations are subjects of international legal responsibility. For example, they must be held accountable for the illegal actions of their officials. Organizations may become liable if they abuse their privileges and immunities. It should be assumed that political responsibility may arise in the event of an organization violating its functions, failure to comply with agreements concluded with other organizations and states, for interference in the internal affairs of subjects of international law.
Financial liability of organizations may arise in case of violation of the legal rights of their employees, experts, excessive amounts of money, etc. They are also obliged to bear responsibility to the governments where they are located, their headquarters, for illegal actions, for example, for unjustified alienation of land, non-payment utilities, violation of sanitary standards, etc.
From the history of international law it is known that only in the middle of the 19th century. Under the influence of the objective needs of the development of the system of international relations, permanent international organizations appeared - the so-called international administrative unions. They were interstate organizations with narrow competence, which covered, in particular, issues of international cooperation in such special areas as transport, mail, communications, etc. The organizational structure of these international administrative unions was underdeveloped.
With the acceleration of the scientific and technological revolution, the intensification of international economic, scientific, technical, cultural and other ties, the role and importance of international intergovernmental organizations grew steadily, and their number also grew. This became a characteristic feature of the world in the second half of the 20th century. The creation and activities of international organizations are regulated by generally recognized international legal principles and norms.
In legal literature and official international documents, the concept of “international organization” is traditionally used to refer to both international intergovernmental (interstate) organizations (IGOs) and international non-governmental organizations (INGOs), although they differ in many criteria, primarily in their nature and legal status . Next we will talk about MMOO.
Speaking about the concept of an international organization, it should be noted that in international legal literature and international practice the general term “international body” is often used. It covers three different institutions of international law through which real international cooperation between sovereign states is realized. These include: international conferences; international commissions and committees; international organizations.
It is known that the first among these institutions were international conferences. They originate from the congresses of monarchs of the 17th-19th centuries, which were aimed at the post-war settlement of relations between states. The appearance of international commissions dates back to the 19th century. associated with ensuring navigation and fishing on international rivers, with the activities of sanitary commissions, etc.
Unlike the institutions of international conferences, international commissions and committees, the institution of international interstate organizations has its main integral institutional elements:
Contractual basis;
Permanent nature of the activity;
Internal organizational mechanism.
Along with the indicated integral institutional elements of an international organization, it is also necessary to pay attention to additional features (elements) that constitute precisely the concept of an international organization. These include:
- presence of certain goals;
- independent rights (and obligations), different from the rights and obligations) of member states;
- grounds under international law;
- respect for the sovereignty of member states;
- international legal personality.
Based on the named characteristics (elements) of an international organization, we can give the following definition.
International (interstate) organization- where an association of states created on the basis of an international treaty to fulfill certain goals, which has a system of permanent bodies that have international legal personality, and is based in accordance with international law.
Speaking about the classification of international intergovernmental organizations, one should pay attention to the fact that it is ambiguous. In the modern international system, there are international intergovernmental organizations of different importance, real weight and formal characteristics.
International organizations are divided on the:
1. Universal (worldwide) IMUO (UN, League of Nations).
2. UN specialized agencies. These include: International Labor Organization (ILO), International Telecommunication Union (ITU), Universal Postal Union (UPU), United Nations Educational, Scientific and Cultural Organization (UNESCO), World Health Organization (WHO), International Civil Aviation Organization (ICAO), International Atomic Energy Agency (IAEA), International Bank for Reconstruction and Development (IBRD), International Monetary Fund (IMF), etc.
3. Regional IMUO, including:
- Regional economic MMOOs: Organization of European Economic Cooperation (OEC, 1947), European Coal and Steel Community (ECOS), European Economic Community (Common Market), European Free Trade Association (EFTA), etc.;
- Regional military-political MMOO: North Atlantic Treaty Organization (NATO), Alliance of Thailand, Philippines and Pakistan (SEATO), etc.;
- Regional economic and political international educational institutions: Organization of American States (OAS), League of Arab States (LAS), Organization of African Unity (OAU), Organization of Central American States (OCAD), Central American Common Market (CACP).
By nature of powers:
- interstate organizations, whose main task is to ensure the cooperation of Member States;
- organizations of a supranational nature, whose bodies receive certain sovereign powers from member states. In particular, on certain issues they can make decisions that directly bind individuals and legal entities of the member states (European Union, some specialized UN agencies (MCE, AOCA), the decisions of which, in fact, are binding on the member states. Otherwise In this case, the meaning of the activities of these organizations is lost.
International Organization (IO)- an association of states created on the basis of an international treaty to fulfill certain goals.
Similar definitions are found in international legal acts. Organizations go by a variety of names: organization, foundation, bank, union (Universal Postal Union), agency, center. It is known that the UN is called “United Nations” in other languages. All this does not affect the status of organizations.
The main features of an international organization: international organizations are created by states, have legal personality (rights and obligations, privileges and immunities are established by the charter of an international organization and other international treaties), have goals of activity, and have their own system of bodies.
MO classification:
1) in terms of the range of participants – universal (UN and its specialized agencies) and regional (CIS, LAS, OAS);
2) by competence - general competence (UN, OAS, LAS) and special competence (specialized agencies of the UN, Organization of the Petroleum Exporting Countries - OPEC, World Trade Organization - WTO);
3) according to the order of entry into the Moscow Region - open (UN) and closed (NATO, European Union, admission to the Moscow Region only with the consent and invitation of the original members of the Moscow Region)$$$Kapustin A.Ya. The concept of international organization: modern trends and conflicting interpretations // International public and private law. St. Petersburg, 2007. P. 85-113.%%% 88 ^^^.
A special type of MO is interdepartmental organizations. The decision on participation in such an organization falls within the competence of the state, and all subsequent contacts with the organization are maintained through the relevant department. For example, the activities of Interpol are built on an interdepartmental basis, whose members are considered to be police authorities with the authority to act on behalf of their states.
International organizations, as a general rule, have legal personality both under international law and under the internal law of their member states. Their international legal personality is determined by their charter and international law. Having established that an international organization has legal personality, the International Court defined it as “the ability to possess international rights and bear international obligations.” At the same time, the Court pointed out the difference between the legal personality of an organization and the legal personality of a state: “Subjects of law in any legal system are not necessarily identical in nature and in the scope of their rights; however, their nature depends on the needs of the community."
The national legal personality of organizations is determined by their charter and the internal law of member states. They can usually enter into contracts, own and dispose of movable and immovable property, and initiate legal proceedings.
Functions of international organizations. The main phases of the organization's activities consist of discussion, decision-making and monitoring its implementation. Polish professor W. Morawiecki, who specially studied the functions of international organizations, identifies three main types of functions of an international organization: regulatory, control, and operational.
The regulatory function is the most important today. It consists of making decisions that define the goals, principles, and rules of conduct of member states. Such decisions have only moral and political binding force. Nevertheless, their impact on interstate relations and on international law cannot be underestimated. It is difficult for any state to resist the decision of an international organization.
The organization’s resolutions do not directly create international legal norms, but have a serious impact on both the law-making and law enforcement processes. Many principles and norms of international law were originally formulated in resolutions. It is enough to recall the role of resolutions of the UN General Assembly in approving the basic principles of international law and in disclosing their content. In special areas of cooperation (finance, communications, transport, etc.), norms of international law were created mainly with the help of organizations.
Resolutions have the important function of updating international legal norms by confirming them and specifying them in relation to the realities of international life. By applying norms to specific situations, organizations reveal their content. Not only in resolutions, but also in the course of discussions, the necessary changes in law are clarified.
The functions of legitimation and delegitimation are very important. The first is to confirm the meaning of the norm, which enhances its effectiveness. The second is in recognizing the norm as not meeting the requirements of life. It is enough to point to the UN resolutions that delegitimized the whole complex of customary and contractual norms that underlay the colonial system.
Control functions consist of monitoring the compliance of states' behavior with international law, as well as resolutions. For these purposes, organizations have the right to collect and analyze relevant information, discuss it and express their opinions in resolutions. In many cases, states are required to regularly submit reports on their implementation of international law and acts of the organization in the relevant field.
This system is especially developed in the field of human rights. The International Covenant on Civil and Political Rights of 1966 obliges parties to submit reports on their implementation of the provisions of the Covenant to the Human Rights Committee. Based on the results of the discussion, the Committee submits a report to the UN Economic and Social Council. For the purpose of control, observation missions of organizations are sent to the localities.
Observation missions to monitor compliance with the terms of a peace settlement have become widespread in UN practice. The UN mission monitored the process of eliminating weapons of mass destruction in Iraq and reported on this to the Security Council. Substantial control measures, including inspection, are provided for in the Statute of the International Atomic Energy Agency (IAEA).
Operational functions consist of achieving goals using the organization's own means. In the vast majority of cases, the organization influences reality through sovereign member states. At the same time, the role of direct activities is gradually growing. Organizations provide economic, scientific, technical and other assistance, and provide consulting services. UN peacekeeping operations have undergone significant development.