Law of international organizations. Concept, sources Interests of international organizations in international law

Technique and Internet 19.09.2019

Rozhinskaya V.P.

Scientific adviser: teacher Smal A.F.

INTRODUCTION…………………………………………………………….3

1. THE CONCEPT, TYPOLOGY AND HISTORY OF THE ORIGIN OF INTERNATIONAL ORGANIZATIONS, THEIR SIGNIFICANCE IN THE MODERN WORLD. ……………………………….……………………..5

2. LEGAL NATURE OF INTERNATIONAL ORGANIZATIONS 18

3. PROCEDURE FOR THE CREATION AND TERMINATION OF ACTIVITIES OF INTERNATIONAL ORGANIZATIONS……………………………………….21

CONCLUSION………………………………………………………….……26

LIST OF USED SOURCES………………………..27

APPENDIX………………………………………………………….……29

INTRODUCTION

The relevance of the topic of the course work. At the turn of the 20th - 21st centuries, profound changes took place in the world community, with the help of which the entire system of international relations is significantly updated. The world is at a turning point in its development and the formation of a new type of civilization. The struggle between two concepts of the world order - multipolar and unipolar - continues. The role of the military force element in the foreign policy of the leading world powers is still strong. After the end of the US and British aggression against Iraq, which showed that international law is unable to protect the sovereignty and territorial integrity of states, many countries are reconsidering approaches to ensuring international and national security.

There are many challenges facing the international community today. In the context of globalization, under the influence of which there is a change in all aspects of the life of human society, there are new economic opportunities for the development of new countries and peoples. At the same time, the process of regional integration is also strengthening. Awareness by the world community of the need to find solutions to problems on issues of both international security and terrorism, and of a social nature, attracts the attention of all countries of the world. Therefore, the need to increase the efficiency, significance, improvement and reform of all international organizations.

Today, almost all areas of international life are covered by the activities of international organizations. They are the main means of communication and cooperation between states in various fields.

Object of study is the law of international organizations as a branch of international law.

Subject of study in the course work is the history of development, the concept, features, functions, typology, the procedure for the creation and termination of international organizations.

Purpose of the study is to show the importance of international organizations as a means of interaction various countries and peoples.

Research objectives determined by the purpose of the study, and consist in determining the mechanisms of formation, existence and activities of international organizations, characterizing the stages of their development, as well as assessing their place in the system of international relations.

Main research methods in the course work are formally - legal and specifically - sociological methods.

Formally - the legal method is used in the definition of legal concepts, their characteristics, interpretation of the content of legal norms relating to international organizations.

With the help of a specific sociological method, data were obtained on the number of international organizations in different periods their development.

Brief description of the special literature on the topic. A lot of works are devoted to the issues of studying the role of international organizations in the system of international relations. The study of specialized literature showed that the problems of international organizations were dealt with by such scientists as V.M. Matsel, N.T. Neshataeva, V.E. Ulakhovich, E.A. Shibaeva.

There is a group of scientists who studied the law of international organizations as a branch of international law: K.A. Bekyashev, I.I. Lukashuk, N.A. Ushakov.

The structure of the course work includes title page, table of contents, introduction, three sections, conclusion, list of references and appendix.

The course work is written on 29 pages of computer text.

1. THE CONCEPT, TYPOLOGY AND HISTORY OF THE ORIGIN OF INTERNATIONAL ORGANIZATIONS, THEIR SIGNIFICANCE IN THE MODERN WORLD.

One of the forms of interstate cooperation are international organizations.

In international law, a fairly large array of norms has been formed that regulates the formation and activities of international organizations. The quality and volume of international legal regulation allow us to conclude that there is an independent branch of international law - the law of international organizations.

The law of international organizations is a branch of international law that combines the principles and norms governing the creation, legal status, scope of powers and activities of international organizations, as well as their establishment and liquidation.

It includes both principles and norms common to all international organizations, as well as individual principles that reflect the specifics of individual groups and organizations.

The law of international organizations consists of two groups of international norms that form the "internal law" of the organization (the rules governing the structure of the organization, the competence of its bodies and the procedure for working, the status of personnel) and the "external law" of the organization (the rules of treaties with states and other international organizations). The law of international organizations is predominantly contractual in nature and is one of the codified branches of international law.

The sources of law of international organizations are:

Constituent acts of international organizations (charter, charter, constitution, statute, convention, pact),

International treaties and agreements (1975 Vienna Convention on the Representation of States in Their Relations with International Organizations of a Universal Character, 1986 Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations, 1986),

international legal custom,

Rules of procedure, staff rules, financial rules,

Some decisions of international organizations (conventions, resolutions of international organizations).

Modern international relations cannot be imagined without the activities of international organizations. They are among the most developed mechanisms for regulating international life and, in essence, are permanent associations of an intergovernmental and non-governmental nature.

What is meant by an international organization?

This term is based on two concepts: "international" and "organization".

According to the Dictionary of the Russian Language by Sergei Ivanovich Ozhegov, the term “international” is defined as “referring to foreign policy, to relations between peoples, states”, as well as “existing between peoples, extended to many peoples, international”.

The word "organization" comes from the Latin word organize - "I report a slender appearance, I arrange." An organization is an association of people who jointly implement a program or goal and act on the basis of certain rules and procedures.

Thus, an international organization is an interstate or public organization created on the basis of a constituent document of a program or regulatory nature to achieve certain goals. The system of international relations states that international organizations are created by sovereign states for the collective implementation of certain goals and objectives.

A broader concept of international organizations is given by the famous professor - jurist K.A. Bekyashev: “an 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 obligations of States, and an autonomous will, the scope of which is determined by the will of the Member States”.

The 1975 United Nations Convention on the Representation of States in Relations with International Intergovernmental Organizations defines them as "an association of states based on treaty, having a constitution and joint organs, and having a legal status distinct from that of member states." And the 1980 Convention on the Physical Protection of Nuclear Material states that "... the organization consists of sovereign states and has competence in the field of negotiating, concluding and applying international agreements."

There is a historical difference between the modern understanding of international organization and the interstate alliances that arose earlier as a result of wars. These alliances were most often built on the forcible subordination of one state to another. Therefore, in the practice of international law, such concepts as "international organizations" and "interstate unions" are used as synonyms, denoting interstate associations created on a voluntary basis.

So, an international interstate organization is understood as an association of sovereign states on the basis of an international treaty of a special orientation to achieve certain goals, having a legal status, permanent bodies and acting in the common interests of the member states of this organization.

Any organization is recognized as international if it has the following characteristics.

1. Created in accordance with international law.

This feature is of fundamental importance, since it determines the legitimacy of the formation of an international organization. Any organization should be created on the basis of generally recognized principles and norms of international law (juscogens).

If an international organization has been created illegally or its activity is contrary to international law, then the constituent act of such an organization must be recognized as null and void and its operation terminated as soon as possible. An international treaty or any of its provisions become invalid if their execution is connected with the performance of an action that is illegal under international law.

2. Established on the basis of an international treaty.

Usually, international organizations are created on the basis of an international treaty, which have different names: convention, agreement, treatise, protocol. The object of such an agreement is the behavior of the subjects (parties of 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 members of international organizations.

3. Carries out cooperation in specific areas of activity .

International organizations are created for the implementation of interactions between states in any sphere of life. They are called upon to unite the efforts of states in the political (OSCE), military (NATO), scientific and technical ( European organization nuclear research), economic (EU), monetary (IBRD, IMF), social (ILO) and in many other areas. There are also organizations designed to coordinate the activities of states in almost all areas (UN, CIS).

4. Has an appropriate organizational structure.

This sign confirms the permanent nature of the organization, thereby distinguishing it from other forms of international cooperation.

Intergovernmental organizations have headquarters, members represented by sovereign states and the necessary system of main and subsidiary bodies. The highest body is the session, which is convened once a year (sometimes once every two years). The executive bodies are councils. The administrative apparatus is headed by the Executive Secretary ( CEO). All organizations have permanent or temporary executive bodies with different legal status and competence.

5. Has rights and obligations.

An international organization has the ability to have independent rights and obligations that differ from the rights and obligations of member states. This allows it to be formed as a legal entity with its own legal will, as well as a derivative subject of international law, provided that these rights are associated with international legal personality. Such rights include the right to conclude international agreements, the right to privileges and immunities, the right to representation.

6. Independence of international rights and obligations.

The organization itself, as a subject of international law, has the right to choose the most rational means and methods of activity for itself. At the same time, the Member States exercise control over the legality of the organization's use of its autonomous will.

Thus, the essence of international organizations consists in identifying the interests of its members, agreeing and developing on this basis a common position, a common will, determining the relevant tasks, as well as methods and means of solving them. The peculiarity is determined by the fact that the members of the organization are sovereign states. This characterizes the specifics of the functions of international organizations, as well as the mechanism for their implementation.

Polish professor W. Morawiecki, who has specially studied the functions of international organizations, distinguishes three main types of functions of international organizations: regulatory, control and operational.

In our work, we will adhere to this classification.

The regulatory function is today the most important. It consists in making decisions that determine the goals, principles, rules of conduct of the Member States. Such decisions have only a moral-political binding force. At the same time, the resolutions of international organizations do not create international legal norms, but confirm them, concretize them in relation to international life. By applying the rules to specific situations, organizations disclose their content.

The control functions consist in exercising control over the compliance of the behavior of states with the norms of international law, as well as with resolutions. To implement this function, organizations can collect and analyze relevant information, discuss it and express their opinion in resolutions. At the same time, states are obliged to regularly submit reports on their implementation of international law.

Operational functions are to achieve the goals of the organization's own means. In most cases, the organization provides economic, scientific, technical and other types of assistance, as well as consulting services.

The classification of international organizations is generally recognized on the following grounds: the circle of participants, the procedure for entry, the nature of membership, competence and authority.

By circle of participants international organizations are divided into world, or universal (United Nations, Universal Postal Union), and regional (Organization for Security and Cooperation in Europe, Central European Initiative).

In order of entry international organizations can be open or closed. Openness implies the possibility of any state joining the organization without special restrictions on the basis of recognition of its fundamental or constituent act (charter, convention). Closed organizations require the existence of certain criteria and the consent of the participating states (NATO).

By nature of membership international organizations are divided into intergovernmental (interstate) and non-governmental.

An intergovernmental (interstate) organization is an association of states established on the basis of an agreement to achieve common goals, having permanent bodies and acting in the common interests of member states while respecting their sovereignty (CIS, UN, NATO, OSCE).

International non-governmental organizations are not created on the basis of an interstate agreement and unite individuals or legal entities(Red Cross).

By the nature of competence allocate international organizations of general and special competence.

The activities of organizations of general competence cover all areas of cooperation (UN, CIS). International organizations of special competence cooperate in specific areas (Universal Postal Union, World Health Organization).

By the nature of powers international organizations are divided into interstate and supranational.

Interstate create a certain framework for cooperation. Their decisions are usually non-binding (Council of Europe, OSCE).

The task of supranational organizations is to deepen integration. Their development follows the path of delegating part of the sovereignty and administrative powers of national states to supranational structures. The bodies of such organizations already bear the rudiments of a kind of supranational governments, and the binding nature of their decisions, reached within the framework of the established rules of procedure, is quite often of a strict nature. The most striking example of such an organization is the European Union.

Sometimes political, humanitarian, sports and many other international organizations are singled out. A special place is given to organizations of an economic nature. The scope of their activities may cover international commerce, international financial cooperation, issues of freedom of enterprise, trade. These include international development institutions, technical and economic assistance organizations.

For example, the CIS is a regional, interstate, international organization of general competence.

International organizations act as an objective result of the development of the world community. There are two main reasons for the emergence of international organizations. First, it is the growing role and development of international law as an independent branch. Secondly, the strengthening of the importance of multilateral diplomacy in international relations. Thus, international organizations are both the main form of multilateral diplomacy and its main historical product.

Examples of multilateral diplomacy have been known since ancient times. However, it became a permanent member of international relations only in the 19th and 20th centuries. The historical mechanism for the development of multilateral diplomacy as an institution of international communication in a simplified form can be represented as follows: negotiations - international conferences - international organizations. Therefore, the creation of international organizations cannot be considered in isolation from the development of international law. On the one hand, documents of international law underlie the creation of international organizations and play a basic role in this. On the other hand, the emergence of multilateral intergovernmental conferences and their transformation into one of the main forms of communication between states. All this was accompanied by the formation of relevant international legal customs and the establishment in the conventional manner of the norms of international law, designed to regulate the issues of their convocation and activities.

In the 13th century, the Spanish code "Siete partidas" unified some of the provisions of international law. The famous Dutch lawyer, sociologist and statesman Hugo Grotius (1583 - 1645) in 1625 published his work in England in three volumes "On the Law of War and Peace". The author of the "Code of International Diplomatic Law" in 1693 was the German idealist philosopher Gottfried Wilhelm Leibniz (1646-1716). In 1792, Honoré Gregoire published the Declaration of International Law. At the turn of the 19th - 20th centuries, the first special institutions appeared that conducted research in the field of international law. Thus, in 1873, the Institute of International Law was established in Belgium, which still exists today, and in 1912, its own Institute of International Law appeared in Washington (USA). However, we would like to note that these development trends are different sides one process that were synchronized in time. At this time, there was the emergence of international relations as institutions of the world community.

Thoughts on the creation of international organizations permeated many works of scientists and politicians of the past. At the same time, many philosophers considered international organizations as an elitist ideal of the most reasonable and fair organization. social life. Among the first to propose the creation of an international organization called the "Union of Humanity" was the Roman writer, statesman and orator Marcus Tullius Cicero (106-43 BC). In his opinion, the main goal of this alliance would be the struggle for peace and the prevention of war.

The Italian poet and philosopher Dante Alighieri (1265 - 1321) in his essay "On the Monarchy" put forward the idea of creating an arbitration, supranational structure that could ensure the successful development of relations between states. He wrote: “Between any two rulers, of which one is not at all subordinate to the other, discord can break out. Therefore, they must be judged by the court, it must be someone third, with broader powers, dominating both, within the limits of his right.

The Czech king Jiří Podebrad (1420-1471) also contributed to the emergence of international organizations. Its development was the first detailed plan of a pan-European international organization to ensure a "lasting peace".

In 1761 Jean Jacques Rousseau (1712-1778), the ideologue of the French Revolution, came up with the idea of creating a Conference of European States. The German philosopher, social thinker Immanuel Kant (1724 - 1804) in his work "Towards Perpetual Peace" in 1795 proposed a plan for establishing "perpetual peace", which should completely eliminate war from the life of mankind. In his opinion, on the basis of enlightenment and education, the non-interference of one state in the affairs of another, as well as the satisfaction of the economic and commercial needs of the nation, "eternal peace" could be achieved.

Henri Saint-Simon (1760 - 1825) - French thinker, socialist - utopian dreamed of creating a European Parliament that could prevent wars on the continent. The English philosopher, sociologist, lawyer Jeremiah Bentham (1748-1832) suggested that the creation of an international court could become a universal means of interstate conflict situations.

Among Russian enlighteners, Vasily Fedorovich Malinovsky (1765-1814) gained wide popularity in 1803 thanks to his work “Discourses on Peace and War”. In this work, he put forward the idea of organizing a world union of peoples, which would resolve international disputes "on established order", which would avoid wars.

The Swiss lawyer, one of the founders of international law as a science, Johann Kaspar Bluntschli (1808 - 1881) in 1868 wrote "Modern International Law of Civilized Nations", in which he proposed the creation of a Pan-European Union Council, a Senate consisting of people's representatives, an executive committee, whose members would be the great powers, and a special secretariat.

International organizations arose already in ancient times and improved as society developed. Their creation and development took place in stages, as states realized the need international cooperation in different areas.

In ancient Greece in the VI century BC, the first permanent international associations appeared. They were created in the form of unions of cities and communities (for example, the Lacediminsky and Delian Symmachias), as well as religious and political unions between tribes and cities (for example, the Delphic-Thermopylian amphiktyony). Such associations were the prototypes of future international organizations. F.F. Martens in his work “Modern International Law of Civilized Peoples” wrote that “although these unions were caused specifically by religious goals, they had an effect in general on relations between the Greek states: like other social factors, they brought peoples together and softened their closure."

The next stage in the development of international organizations was the formation of economic and customs associations. One of the first such unions was the Hanseatic Trade Union. It was he who brought all of northern Germany out of the state of medieval barbarism.

At the beginning of the 19th century, the German Customs Union was created. All states included in this association had to obey the same laws regarding the import, export and transit of goods. All customs duties were recognized as common and distributed among the members of the union according to the population.

Scholars studying the history of international organizations believe that the first intergovernmental organization in its classical sense was the Central Commission for Navigation on the Rhine, which was established in 1831. It was established by special articles of the Final General Act of the Congress of Vienna, which was signed on July 9, 1815. These articles prescribed the establishment of international rules for navigation and collection of fees on the rivers Rhine, Moselle, Meuse and Scheldt, which served as the border of states or flowed through the possessions of several states.

Specialists in the field of international relations distinguish three stages in the development of international organizations. The first - the second half of the 19th century - the beginning of the 20th century. It was a time of rapid development of science and technology, which caused the emergence of a new form of international organizations - international administrative unions. In the second half of the 19th century, such international associations appeared as the International Union for Land Measurement (1864), the Universal Telegraph Union (1865), the Universal Postal Union (1874), International Bureau weights and measures (1875), International Union for the Protection of Literary and Artistic Property (1886), International Union of Railway Commodity Communications (1890). All these organizations had their own permanent bodies, permanent members, as well as headquarters. Their powers were limited only to the discussion of specialized problems.

The emergence of these organizations was caused by two mutually exclusive reasons. Firstly, the formation of sovereign states as a result of bourgeois-democratic revolutions, striving for national independence, and, secondly, the success of the scientific and technological revolution, which gave rise to a trend towards interdependence and interconnectedness of states. At the same time, scientific and technological progress has led to the fact that integration processes have penetrated the economies of all developed countries of Europe and have caused a comprehensive connection and interdependence of nations from each other. The need to reconcile these two opposing tendencies - the desire to develop within the framework of a sovereign state and the inability to do so without broad cooperation with others independent states- and led to the emergence of such a form of interstate relations as international organizations.

From the middle of the 19th century until the beginning of the First World War, the number of international organizations increased, the main registration of which is maintained by the Union international associations established in Brussels in 1909. He coordinated the activities of international organizations and collected information on general issues of their activities.

The second period of development of international organizations - the 20s of the XX century - the beginning of the Second World War. First World War delayed the development of international organizations and led to the dissolution of many of them. At the same time, awareness of the destructiveness of world wars for development human civilization stimulated the emergence of projects for the creation of international organizations of political orientation in order to prevent wars. One of these projects formed the basis of the League of Nations, created in 1919. The main organs of the League of Nations were the Assembly of all representatives of the members of this organization, the Council and the permanent secretariat.

Its main task was to maintain peace and prevent new wars. The League of Nations recognized that any war "interests the League as a whole" and it must take all measures to maintain stability in the world community. The Council of the League of Nations could be convened at the immediate request of any of its members. In the event of a conflict between members of the League of Nations, the dispute was resolved either in an arbitration court or in the Council. If any of the members of the League started a war contrary to their obligations, then the other participants had to immediately stop all financial and trade relations with him. The Council, in turn, invited the various interested governments to contribute troops to maintain respect for the obligations of the League.

The constituent act on the basis of which the League of Nations operated was the charter. It was he who provided for the need to limit national armed conflicts and reduce them to the minimum necessary to ensure national security. The Council of the League had the opportunity to draw up plans for the limitation of armaments and submit them to the interested governments, taking into account the geographical position and special conditions of each state.

But, according to experts, the League of Nations was unable to cope with its main task: the preservation of peace and a peaceful settlement international conflicts. Those disagreements that arose between the members of the League led to the failure to fulfill the obligations assumed. She could not prevent the Second World War, as well as the Japanese attack on China, Italy on Ethiopia, Germany on Austria and Czechoslovakia, Italy on Spain. On April 18, 1946, the League of Nations was liquidated, as it did not fulfill its functions and at this historical stage ceased to exist.

The third stage refers to the period after the end of World War II, when in 1945 the first universal international organization, the United Nations Organization (hereinafter referred to as the UN), appeared.

In general, during the period from the First to the Second World War, the development of problems of organizing international peace and security moved at an extremely slow pace, but one could observe a trend towards an expansion of the role of international organizations in the development of international law. M. Burken wrote that “while the functioning of international law was previously based mainly on the actions of states, then on present stage it relies heavily on organizations such as the UN and the specialized agencies that cluster around the UN.”[8, p.48]

The Second World War, due to its scale, gave a powerful impetus to the government and public initiative in many states to develop problems of the post-war organization of peace and security. The need to create an international security organization emerged from the very first days of the war, since simultaneously with the military efforts aimed at winning the war, the member states of the anti-Hitler coalition were also developing principles and plans for a future world organization. There is disagreement in the scholarly literature about the initiative to create the United Nations. Western scientists refer to the Atlantic Charter of Roosevelt and Churchill of August 14, 1941, and Soviet researchers refer to the Soviet-Polish Declaration of December 4, 1941. A clearly defined plan to create a world organization for the maintenance and strengthening of peace was first enshrined in the Declaration of the governments of the USSR and Poland, signed on December 4, 1941. This document pointed out that ensuring a lasting and just peace can only be achieved by a new international organization based on the unification of democratic countries into a lasting alliance. In creating such an organization, the decisive factor must be respect for international law, upheld by the collective armed force of all allied states.

The most important stage in the creation of the UN was the conference of the allied powers in Moscow in the autumn of 1943. In paragraph 1 of the Moscow Declaration, signed by the representatives of the USSR, the USA, Great Britain and China, these powers declared that "they recognize the need to establish in the shortest possible time a universal international organization for the maintenance of international peace and security, based on the principle of the sovereign equality of all peace-loving states, members of which all such states, large and small, can be. The leaders of the four powers have committed themselves to consult with each other on the most important issues, and when circumstances so require, with other members of the United Nations, with a view to joint action in the interests of the community of nations in order to maintain international peace and security until law and order can be restored. and until a system of universal security is established. This was mentioned in the fifth paragraph of the said declaration. The parties pledged not to use forces on the territory of other states until the end of the war without a joint decision, and also to cooperate with each other in order to reach a general agreement on the regulation of armaments in the post-war period. According to the researcher of the history of the creation of the UN and a participant in the conference on the development of the UN Charter, S.B. Krylov, “Moscow was the birthplace of the United Nations, since it was in Moscow that the Declaration on the Establishment of a General Security Organization was signed.”

The agreements adopted at the Moscow Conference were approved at the Tehran Conference, where on December 1, 1943, a Declaration was signed in which the heads of the USSR, the USA and Great Britain stated the following: “We fully recognize the high responsibility that lies with us and all the United Nations for the realization of such a peace, which will receive the approval of the overwhelming mass of peoples the globe and which will remove the calamities and horrors of war for many generations."

At the beginning of 1944, negotiations took place between the participants of the Moscow Conference of 1943 on the legal status of a new international organization for peace and security. At a conference in Dumbarton Oaks (August 21 - September 28, 1944), the basic principles and parameters of the mechanism for the activity of the future organization were agreed upon. The agreed draft "Preliminary Proposals" became the basis of the future UN Charter. This draft consisted of 12 chapters (currently the UN Charter includes 19 chapters). The participants of the Crimean Conference in Yalta in February 1945 discussed and approved the package of documents proposed in Dumbarton Oaks, supplementing it, and decided to convene a United Nations conference in the United States in April 1945. This decision was implemented at a conference in San Francisco, held in April 1945, and ended with the adoption of the founding documents of the UN. On October 24, 1945, the UN Charter came into force.

From the previously existing UN organizations, they were distinguished by a pronounced political character, manifested in an orientation towards issues of peace and security, and an extremely broad competence in all areas of interstate cooperation. After the adoption of the UN Charter, a new era began in the development of international organizations. The great importance of the UN as a guarantor of international peace and security is emphasized in their works by both domestic and foreign international lawyers.

So I.I. Lukashuk wrote that at the moment “there is a process of formation of a new world system and the corresponding world order, on which the survival and progress of human civilization depend. In all this, the UNO plays its role. Without it, the process of restructuring would undoubtedly have been more painful. Today, the world system could hardly function properly without the UN.”

Speaking at the 58th session of the UN General Assembly, President of the Russian Federation V.V. Putin stressed that “the structure and functions of the UN were formed in a predominantly different international environment, time has only confirmed their universal significance. And the tools of the UN today are not only in demand, as life itself shows, they are simply irreplaceable in key cases.”

The current stage in the development of international relations is characterized by a noticeable increase in the activity of international organizations. For example, over the past two centuries, their total number has more than doubled. In total, according to the data of the Union of International Associations in 1998, there were more than 6,000 international organizations in the world. According to scientists, if we take into account all without exception the structures associated with international activities (charitable foundations, conferences), then their total number will reach about 50 thousand.

Modern international organizations reflect the unity of cooperation of many peoples and nations. They are characterized by the further development of competence and the complication of their structures. The presence of a large number of organizations, as well as the specifics of each of them, allow us to conclude that a system of international organizations has been formed, the center of which is the UN.

A characteristic feature of modern international relations is the ever-increasing role of international organizations as one of the ways to regulate and develop relations between states. They have become a constant and very important phenomenon in international life. These organizations play an important role in the process of creating and monitoring the observance by states of the norms of international law. And this role will grow in the future. Today, international organizations are the main means of communication and cooperation in various fields. This happens as a result of the demands of life.

The main reasons for the emergence of new international organizations in the last decade have been deep, qualitative, civilizational changes in the world. These processes were manifestations of globalization, which means that many social, economic, cultural, political and other relations and connections are becoming global. At the same time, it implies an increase in interaction, both within individual states and between states.

Thus, analyzing the role of international organizations in modern international relations, we can conclude that international organizations, representing stable structures of international relations, are an instrument of political regulation of international life, contribute to the codification of international relations.

2. LEGAL NATURE OF INTERNATIONAL ORGANIZATIONS.

One of the features of modern international organizations, their difference from state military alliances (which took place in the Middle Ages) is respect for the equality and sovereignty of the participating states. This principle is implemented through the contractual basis of international organizations, voluntariness and the interstate nature of membership. This also finds expression in the advisory status of decisions.

The legal nature of international organizations is based on the ratio of common goals and interests of states, which is reflected in the constituent act.

The founding (or founding) act is an international treaty that fixes the status, structure and mission of the organization. It can have various names: charter, charter, constitution, statute, convention, pact. Different terminology is also applied to the names of the organizations themselves. It can be a federation, confederation, association, union, alliance, league, commonwealth, community. The difference in names does not affect the status. Some organizations that do not have a founding act, as they developed, gradually codified the scope of their activities and the structure of the institutional framework, thus creating the basis for the functioning of an international organization. The OSCE is such an example. The emergence of this organization was accompanied not by the signing of a constituent act, but by the development of a number of international initiatives.

The founding act of an international organization expresses general views many states that wish to act together to achieve certain goals. In the theory of international relations, it is generally accepted that these intergovernmental agreements should bind at least three states, and therefore structures created on the basis of bilateral agreements are not considered international organizations.

The charter of the organization fixes its powers, but not always can do it with sufficient completeness. To do this, the concept of “implied powers” has appeared, which refers to additional powers necessary to achieve the goals of the organization established by the charter.

The legal basis of the organization is the "rules of the organization". Article 2 of the Vienna Convention on the Law of Treaties involving Organizations, 1986, states that "they include the constituent instruments of the organization, the decisions and resolutions adopted in accordance with them, and the established practice of the organization." Founding acts are treaties, but treaties of a special kind. They indicate a special procedure for the participation and termination of the country in the organization. Becoming a member is possible only as a result of the admission procedure. By decision of the organization, membership may be suspended.

International organizations are not subjects of international law in the full sense of the word, although they may be carriers of certain international rights and obligations. This is commonly referred to as secondary legal personality.

At present, science widely recognizes the position that states, when creating an organization, form a new subject of international law and endow it with a certain legal and legal capacity, which means that the volume of legal personality of organizations is much lower than the state, which is of a targeted and functional nature.

An international organization created by states to fulfill specific goals and objectives is endowed with the competence fixed in the founding act. From the point of view of international law, the competence of an international organization is an object or sphere of its substantive activity. In most Western theories of international law, a broad interpretation of the competence of international organizations is common. Supporters of "immanent competence" (Norwegian lawyer F. Seidersted) and "implied competence" (English lawyer

V. Bowet) proceed from the fact that any international organization can take the actions necessary to achieve its goals, regardless of the specific provisions of the founding act or other international agreements, either by virtue of inherent properties inherent in international organizations, or on the basis of implied competence, which can be reasonably deduced from the goals and objectives of the organization. Both concepts are close to each other, as they derive the competence of international organizations from its goals and objectives, which contradicts the contractual nature of modern international organizations.

International organizations have treaty standing. As Article 6 of the 1986 Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations establishes, “the capacity of an international organization to conclude treaties is governed by the rules of that organization.”[7]

Such agreements may concern both the status of an international organization (for example, an agreement on the opening of a representative office) and the fulfillment of its mission. The right to enter into agreements can include the right to passive missions - the creation of permanent missions of the organization in the participating countries, as well as the right to active missions, which allows international organizations to have representation in the participating countries or other organizations.

The legal status of international organizations has a dual character. The internal law enforced in the territory of the contracting states makes it possible to act on the basis of various contracts or to be the subject of litigation in court. The legal status is provided by the founding act of the organization. Article 104 of the UN Charter specifies: "The Organization shall enjoy in the territory of each of its members the legal capacity necessary for the exercise of its functions and the achievement of its purposes." [ one.]

The international legal status, in contrast to the status of states with full competence, is determined by the goals, competencies and powers given by the international organization and specified in the founding act.

International organizations have the right to participate in diplomatic relations. Their representatives enjoy full diplomatic privileges and immunities, which are guaranteed in the Convention on the Privileges and Immunities of Special Institutions of November 21, 1947: “Special institutions, including property, enjoy the immunity of this jurisdiction, their buildings cannot be the object of encroachment , their property may not be subject to search or confiscation or any other form of executive coercion: administrative, legal or legislative.”[ 2.]

It is forbidden to check their official correspondence, sending or delivery of mail in sealed suitcases, in diplomatic suitcases, detention and seizure of luggage. International officials enjoy relative immunities and privileges, in particular jurisdictional immunity, which guarantees freedom of opinion and complete independence in the exercise of their functions. Personnel are recruited on a contract basis from international officials reporting exclusively to an international organization and acting on its behalf and in its interests.

Financial independence is another consequence of the legal status of international organizations whose budget is replenished from three sources. First, it is the activity of the organization itself. Secondly, these are the periodic contributions of the participating States, which are determined by the established scale. Thirdly, it is the full use of the own resources of the founding countries of the international organization.

International organizations live by the laws of the country where they operate. Article 39 of the Charter of the International Labor Organization establishes that this organization has all the rights of a legal entity: to conclude contracts, to acquire movable and immovable property and dispose of it, to initiate legal proceedings.

International organizations are closely integrated into the process of creating international law. Not being its full-fledged subjects, they represent a procedure for the implementation of the law, a mechanism for the development and adjustment of legal norms.

3. ORDER OF CREATION AND TERMINATION OF ACTIVITIES OF INTERNATIONAL ORGANIZATIONS

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: the 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 will of states regarding the creation of an international organization can be fixed in two ways: in an international treaty, as well as in a decision of an already existing international organization.

The most common way is to conclude an international treaty. This implies the convening of an international conference to develop and adopt the text of the treaty, which will be the founding act of the organization. The names of such an act may be different: statute (League of Nations), charter (UN, OAS, OAU), convention (UPU). 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 by another international organization. This practice has been repeatedly resorted to by the UN, creating autonomous organizations with the status of a subsidiary body of the General Assembly. AT this case the agreed expression of the will of states regarding the creation of an international organization is manifested by voting for a constituent resolution that enters into force from the moment it is adopted.

The second stage involves the creation of the material structure of the organization. For these purposes, special preparatory organs are most often used. Such is the practice of creating the UN, UNESCO, FAO, WHO, IAEA. 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 this body are aimed at preparing draft rules of procedure for future bodies of the organization, working out the entire range of issues related to the establishment of headquarters, drawing up a provisional agenda for the main bodies, preparing documents and recommendations related to all issues on this agenda. States that are not members of international organizations may send their observers to participate in the work of bodies of international organizations, if this is established by the rules of the organization. Some organizations allow non-member states to accredit missions of permanent observers.

The convocation of the main bodies and the beginning of their functioning complete the measures for the creation of an international organization.

An organ of an international organization is its integral part, a structural unit created on the basis of the constituent or other acts of an international organization, which is endowed with certain competence, powers and functions, has an internal structure and has a certain composition.

The provisions on the competence of an international organization as a whole are closely related to the competence of its organs. The competence of the organ of an international organization is determined in the constituent act or in other international agreements and is contractual. It cannot be arbitrarily changed without the consent of the member states of the international organization, expressed in the appropriate form.

The organs of an international organization can be classified according to various criteria. Based on the nature of membership, it is possible to single out intergovernmental, inter-parliamentary, administrative bodies, consisting of persons in their personal capacity, with the participation of representatives of various social groups(for example, representatives from trade unions and employers in the bodies of the International Labor Organization).

The most important bodies are intergovernmental, to which Member States send their representatives with appropriate powers and acting on behalf of governments.

It is not necessary for the representatives to be diplomats. A number of organizations require that this be an appropriate specialist (a person with a medical background for the World Health Organization or a cultural specialist for UNESCO).

Inter-parliamentary bodies are characteristic of regional organizations. Their members are either directly elected by the populations of the Member States through general direct elections (European Parliament) or appointed by national parliaments(Parliamentary Assembly of the Council of Europe). In most cases, parliamentary bodies limit themselves to adopting recommendations.

Administrative bodies are an important structural link in all international organizations. They consist of international officials who are in the service of an international organization and are responsible only to it. Such persons are recruited in accordance with the quotas established for Member States on a contractual basis.

A fairly significant role in the activities of international organizations is played by bodies consisting of individuals in their personal capacity (for example, arbitration and judicial bodies, committees of experts).

According to the number of members, two types of bodies can be distinguished: plenary, consisting of all member states, and bodies of limited composition. In organizations with the most democratic structure, the plenary body determines the policy of the organization. In the activities of a number of international organizations, especially the specialized agencies of the UN, there is a tendency to increase the role of limited membership bodies (ILO) in managing their activities. For bodies with limited membership, issues of their composition are of primary importance. These bodies should be staffed in such a way that the decisions they make reflect the interests of all states, and not just one or two groups, to the greatest extent. In the practice of activities of international organizations, the following principles are most often used to form bodies of a limited composition: equitable geographical representation; specific interests, equal representation of groups of states with different interests, the greatest financial contribution; political representation.

When forming organs, one of the principles is most often applied. In the International Maritime Organization, the Assembly elects the members of the Council on the basis of the principle of specific interests, taking into account the groups of countries most interested in international maritime transport and in international maritime trade. Based on the principle of parity representation of states with divergent interests, the UN Trusteeship Council was formed.

In some cases, organs are formed taking into account two or more criteria. So elections are not permanent members Security Council meetings are held with due regard, first of all, to the degree of participation of UN members in the maintenance of international peace and security and in the achievement of other goals of the Organization, as well as equitable geographical representation.

Decisions of international organizations are taken by their bodies. The decision of an international organization is the expression of the will of the member states in the competent body in accordance with the rules of procedure and the provisions of the charter of this organization. The process of forming decisions depends on many factors: the provisions of the constituent act, the rules of procedure, the composition of the body, the alignment of political forces within it. It begins with the manifestation of an initiative coming from a state, from a group of states, from organs or officials of an international organization. As a rule, the initiator proposes the study of a certain problem. But in a number of cases, he can also introduce a draft of a future decision for discussion. Other states, as well as groups of states, may submit their draft decisions. The practice of involving co-authors in projects is widely used. At the same time, it should be borne in mind that if too many countries act as co-sponsors, it will be difficult to agree on each provision of the submitted draft. Here, in each case, a balanced approach is required.

The next step in the formation of a decision is to put the problem on the agenda of the decision-making body. In the UN General Assembly, the provisional agenda is drawn up 60 days before the opening of the regular session, additional items are introduced 30 days in advance, new urgent items less than 30 days in advance or during the regular session. The General Committee, which directs the work of the session, considers the provisional agenda, together with additional items, and makes a recommendation for each item to be included in the agenda, or rejected, or postponed to subsequent sessions. The General Assembly then adopts the agenda. In the specialized agencies of the UN, it is customary for the executive bodies to prepare the agenda for the plenary bodies. After the issue is placed on the agenda, it is either discussed directly in the body itself, or submitted for consideration by specially created commissions or committees. In most international organizations, decisions, before they are submitted for discussion by the plenary body, are submitted for consideration by subsidiary bodies, where, in essence, a draft decision is developed, its supporters and opponents are identified. Therefore, the work of the subsidiary bodies is given great attention.

An important place in the process of formation of decisions of international organizations is occupied by the stage of discussion. Whether in the principal or subsidiary bodies, this discussion has immediate political implications and a concrete legal outcome: whether a draft decision or resolution is put to the vote.

Voting is the decisive step in decision-making. In the overwhelming majority of bodies of international organizations, each delegation has one vote. Only in bodies with a balanced decision-making system, the number of votes granted to states varies depending on the criteria adopted in the organization. For example, in the financial institutions of the UN system, each state has a number of votes proportional to its contribution.

The rules of procedure of each body establish the quorum required for decision-making, which is most often a simple majority of the members of the body.

Decisions can be taken unanimously, by simple or qualified majority. In the 19th century, decisions in international organizations were in most cases taken on the basis of the principle of absolute unanimity. However, practice has shown such a method of decision-making, since even one state could disrupt the entire work of the body. Therefore, gradually, international organizations moved towards relative unanimity, a simple and qualified majority.

The principle of relative unanimity requires a positive vote by the members of the body, without regard to absent or abstaining members.

Simple and qualified majority can be absolute and relative. The absolute majority requires taking into account the entire number of members of the body, the relative majority - only those present and voting "for" or "against".

In some cases, decisions in the organs of an international organization may be taken without a vote, by acclamation or without objection. Such decision-making methods are used most often in relation to procedural matters.

In the practice of activities of international organizations, the decision-making procedure based on consensus is becoming more widespread. Consensus is characterized by the way of coordinating the positions of the member states of the body on the basis of taking into account the opinions and interests of all and with general agreement. The agreed text of the decision is announced by the chairman of the body without a vote and in the absence of objections to the adoption of the decision as a whole.

The termination of the existence of the organization occurs by the agreed expression of the will of the member states. Most often, the liquidation of an organization is carried out by signing a dissolution protocol. So, on July 1, 1991, at a meeting of the Political Consultative Committee in Prague, the Warsaw Pact member states: Bulgaria, Hungary, Poland, Romania, the USSR and Czechoslovakia (two more original members of the Warsaw Pact withdrew earlier: Albania in 1968, the GDR in 1990 year in connection with the unification of Germany) - signed the Protocol on the termination of the Treaty of Friendship, Cooperation and Mutual Assistance of May 14, 1955 and the Protocol on the extension of its validity, signed on April 26, 1985, the Protocol on Dissolution. The ATS was subject to ratification by the parliaments of all participating countries. It was ratified by the Decree of the Supreme Council of the Russian Federation of December 23, 1992. The Protocol entered into force on February 18, 1993. If a new organization is created instead of the liquidated one, then the problem of succession arises. The object of succession is property, funds, some functions. Succession took place during the creation of the UN, UNESCO, WHO, WMO, FAO, ICAO.

Thus, international organizations are created according to the established procedure, which includes 3 stages, and are liquidated by signing a protocol on dissolution.

CONCLUSION

Having examined in our work international organizations from the moment of their creation, having determined their legal nature, as well as the procedure for their creation and termination of activity, we would like to note that international organizations form a kind of system based on contractual and legal norms.

The process of creation and development of international organizations has led to the creation of a broad, mutually intersecting system of these organizations, which has its own development logic and at the same time reflects the inconsistency and interdependence of international relations.

Today, international organizations are of great importance both for ensuring and for realizing the interests of states. They create favorable conditions for future generations. The functions of organizations are actively developing every day and cover more and more extensive spectrums of the life of the world community.

However, the existence of a broad system of international organizations reflects the complexity, inconsistency and interconnectedness of international relations. The presence of a huge number of international organizations, of course, gives rise to certain difficulties. Sometimes, the inactivity of any organization leads to a delay in the decision, and the principle of "consent and unity" is not effective in making complex political decisions. Very often, solutions remain unrealized because numerous international organizations are unable to resolve new conflicts and problems. Regional conflicts associated with nationalism and the desire for sovereignty have become more frequent, as well as religious and ethnic clashes, social divisions and cultural contradictions, territorial claims and the desire for political and economic power. Therefore, it is now necessary to organize life together peoples on a new level. At the same time, it is important to establish global and regional zones of peaceful coexistence, stabilize them, make them controllable and viable using updated or new mechanisms, and create a multilateral base for international cooperation. To do this, it is necessary to fully use the potential of the United Nations (that is, preventive diplomacy, establish and ensure peace), reform the UN, improve the security and functioning of world trade relations through the creation of a multilateral trade organization, and translate into reality the concepts developed in recent years by the international community.

LIST OF USED SOURCES

1. Charter of the United Nations 1945.

2. United Nations Convention on the Representation of States in Relations with International Intergovernmental Organizations, 1975.

3. Convention on the Physical Protection of Nuclear Material, 1980.

4. Vienna Convention on the Law of Contracts involving Organizations, 1986.

5. Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations, 1986.

6. Bourquin M. L`Humanisation du droit des geus//Etudes en I`Honneurde G.Scelle. Vol. 1.P., 1950.

7. Lukashuk I.I. The fiftieth anniversary of the UN and the new world legal order//Ros. yearbook of international law., 1996-1997, M., 1998

8. Putin V.V. Speech at the 58th session Gen. UN Assembly // International Affairs, 2003. No. 9-10

9. Current international law: textbook. manual for students and graduate students, izuch. International law / Comp. Yu.M. Kolosov, E.S. Krivchikova - M.: Publishing House of the Moscow Independent Institute of International Law, 1999

10. Dodonov V.N., Papov V.P., Rumyantsev O.G. International law. Dictionary - reference book / sub-general ed. Academician MAI, Doctor of Law V.N. Trofimova. – M.: INFRA. - M, 1997

11. Kovaleva T.M. Law-making of interstate organizations and its types. Kaliningrad, 1999

12. Krylov S.B. History of the United Nations M., 1960

13. Margiev V.I. Internal law of international organizations. Vladikavkaz, 1995.

15. International organizations: Reference manual / V.E. Ulakhovich. – M.: AST; Mn.: Harvest; 2003

16. International law: Textbook. Ed. 2nd, add. and dorab. Rep. ed. Yu.M. Kolosov, V.I. Kuznetsov - M. Intern. relations. 1998

17. International law: special part / I.I. Lukashuk - M.: BEK, 1997

18. International public law: Textbook for universities on special 021100 "Jurisprudence" / L.P. Anufrieva, D.K. Bekyashev, K.A. Bekyashev and others; Responsible ed. K.A. Bekyashev; Ministry of Education of the Russian Federation; Moscow state legal academy. - 3rd ed., revised. and additional - M.: Prospect, 2004

19. International organizations: Tutorial/ V.M. Matsel, V.P. Poznyak, A.N. Sychev. Academy of Public Administration under the President of the Republic of Belarus - Minsk: 2004

20. Moravetsky V. Functions of international organizations. - M., 1979

21. Neshataeva T.N. International organizations and law. New trends in international legal regulation. M., 1998.

22. Collection of existing treaties, agreements and conventions concluded by the USSR with foreign states. M., Issue XI, 1956

23. Ushakov N.A. International Law: Textbook. - M: Lawyer, 2000.

24. Shibaeva E.A., Potochny M., Legal issues structures and activities of international organizations. M., 1988.

25. Shrepler H.A. International Organizations: A Handbook. M., 1995.

APPENDIX

INTERNATIONAL ORGANIZATIONS

One of the most important organizational and legal forms of interstate cooperation is such a subject of international law as international organizations.

International organizations arose in the late 19th and early 20th centuries. In 1874, the Universal Postal Union was created, in 1919 - the International Labor Organization, etc. First International political organization was the League of Nations, established in 1919 in accordance with the provisions of the Versailles system and formally existed until 1946. After the Second World War, hundreds of international organizations were established, including the UN, UNESCO, LAS, NATO, the Warsaw Pact, etc., which allows draw a conclusion about the existence of an independent branch of international law - the rights of international organizations.

The law of international organizations consists of two groups of international norms, forming: firstly, the "internal law" of the organization (the rules governing the structure of the organization, the competence of its bodies and the procedure for working, the status of personnel, other legal relations) and, secondly, the "external law "organizations (norms of agreements of the organization with states and other international organizations).

The rules of law of international organizations are predominantly treaty rules, and the law of organizations itself is one of the most codified branches of international law. The sources of this industry are the constituent documents of international organizations, the Vienna Convention on the Representation of States in Their Relations with International Organizations of a Universal Character of 1975, the Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations of 1986, agreements on the privileges and immunities of international organizations and others.

Thus, the law of international organizations forms a set of rules governing the legal status, activities of the organization, interaction with other subjects of international law, participation in international relations. International organizations as secondary, derivative subjects of international law are created (established) by states. The process of creating a new international organization takes place in three stages: the 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 the will of states to establish an international organization can be fixed in two ways:

1) in an international treaty;
2) in the decision of an already existing international organization.

The first method is the most common in international practice. The conclusion of an international treaty involves the convening of an international conference to develop and adopt the text of the treaty, which will be the founding act of the organization. The names of such an act may be different: statute, charter, convention. 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 by another international organization. In this case, the agreed expression of the will of states to create an international organization is manifested by voting for a constituent resolution that enters into force from the moment it is adopted. The termination of the existence of the organization also occurs through the agreed expression of the will of the member states. Most often, the liquidation of an organization is carried out by signing a dissolution protocol.

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.

States, creating international organizations, endow them with a certain legal and legal capacity, recognizing their ability to: have rights and obligations; participate in the creation and application of international law; stand guard over the observance of international law. Thus, states create a new subject of international law, which, along with them, performs law-making, law enforcement and law enforcement functions in the field of international cooperation.

International organizations are endowed with treaty legal capacity, i.e. has the right to conclude a wide variety of agreements within its competence. As Art. 6 of the Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations, "the capacity of an international organization to conclude treaties is governed by the rules of that organization." Paragraph 1 of Art. 2 of the Convention states that "the rules of the organization" means, in particular, the constituent acts, the decisions and resolutions adopted in accordance with them, as well as the established practice of the organization. International organizations have the ability to participate in diplomatic relations. Representations of states are accredited to them, they themselves have representative offices in states (for example, UN information centers) and exchange representatives among themselves. International organizations and their officials enjoy privileges and immunities (for example, the 1946 UN Convention on the Privileges and Immunities, the 1947 Convention on the Privileges and Immunities of the UN Specialized Agencies, the Convention on the Legal Status, Privileges and Immunities of Interstate Organizations Operating in Certain Fields cooperation, 1980, etc.) As subjects of international law, international organizations are responsible for offenses and damage caused by their activities and can make claims of responsibility.

Every international organization has financial resources, which, although they consist for the most part of the contributions of member states, are spent exclusively in the general interests of the organization. International organizations also act with all the rights of a legal entity under the internal law of States.

Questions for lecture 3

1. When did the first international organizations appear
2. What is the law of international organizations
3. Sources of law of international organizations

Send your good work in the knowledge base is simple. Use the form below

Students, graduate students, young scientists who use the knowledge base in their studies and work will be very grateful to you.

EDUCATIONAL INSTITUTION OF THE REPUBLIC OF BELARUS "BREST STATE UNIVERSITY"

named after A.S. PUSHKIN"

Course work

Law of international organizationsth

Performed:

4th year student of the Faculty of Law

day department

41 groups

Rozhinskaya V.P.

Scientific adviser: teacher Smal A.F.

INTRODUCTION…………………………………………………… ……….3

1. THE CONCEPT, TYPOLOGY AND HISTORY OF THE ORIGIN OF INTERNATIONAL ORGANIZATIONS, THEIR SIGNIFICANCE IN MODERN WORLD . ……………………… ………. ………………… …..5

2. LEGAL NATURE INTERNATIONAL ORGANIZATIONS 18

3. ORDER ESTABLISHMENT AND TERMINATION OF ACTIVITIES OF INTERNATIONAL ORGANIZATIONS…………… ………… ……… …….21

CONCLUSION…………………………………………………… ……. … …26

LIST OF USED SOURCES……………… …… …..27

APPENDIX…………………………………………………………. … …29

INTRODUCTION

BUTrelevance of the topic of the course work. At the turn of the 20th - 21st centuries, profound changes took place in the world community, with the help of which the entire system of international relations is significantly updated. The world is on turning point its development and the formation of a new type of civilization. Continues fight of two concepts of the world order - multipolar and unipolar . Still a strong role military force element in the foreign policy of the leading world powers. After the end of aggression and US and UK against Iraq, which said that international law not able to protect the sovereignty and territorial integrity states , many countries reconsider approaches to ensuring international and national security.

Today, the international community faces many problems. In the context of globalization, under the influence of which there is a change in all aspects of the life of human society, there are new economic opportunities for the development of new countries and peoples. Simultaneously happening and strengthening the process of regional integration. O consciousness by the world community of the need to find solutions to problems on question myself how international security and terrorism, and of a social nature, attract the attention of all countries of the world. Therefore, the need to increase the efficiency, significance, improvement and reform of all international organizations has become obvious.

Today, almost all areas of international life are covered by the activities of international organizations. They are the primary means of communication and collaboration. between states ami in a wide variety of areas.

Object of study is right international organizations as a branch of international law.

Subject of study in the course work the history of development, concept , signs, functions, typology, the procedure for the creation and termination of the activities of international organizations.

Targetresearch is to show the importance of international organizations as a means of interaction between different countries and peoples .

Research objectives determined by the purpose of the study, and consist in determining the mechanisms of formation, existence and activities of international organizations, characterizing the stages of their development, as well as evaluation them places in the system of international relations.

Main research methods in the course work are formally - legal and specifically - sociological methods.

Formally - the legal method is used in the definition of legal concepts, their features, interpretation of the content of legal norms relating to international organizations.

Using the concrete sociological method, data were obtained on the number of international organizations in different periods of their development.

Brief description of the specialized literature on the topic. A lot of works are devoted to the issues of studying the role of international organizations in the system of international relations. The study of specialized literature showed that the problems of international organizations were dealt with by such scholars as V.M. Matsel, N.T. Neshataeva, V.E. Ulakhovich, E.A. Shibaeva.

There is a group of scientists who studied the law of international organizations as a branch of international law: K.A. Bekyashev, I.I. Lukashuk, N.A. Ushakov.

The structure of the course work includes title page, table of contents, introduction, three sections, conclusion, list of references and appendix.

Coursework n written on 29 pages of computer text.

1. CONCEPT, TYPOLOGY AND HISTORY OF ORIGIN INTERNATIONAL ORGANIZATIONS, THEIR SIGNIFICANCE IN THE MODERN WORLD.

One of the forms of interstate cooperation are international organizations.

In international law, a fairly large array of norms has been formed that regulate the formation and activities of international organizations. The quality and volume of international legal regulation allow us to conclude that there is an independent branch of international law - the law of international organizations.

The law of international organizations is a branch of international law that combines the principles and norms governing the creation, legal status, scope of authority and activities of international organizations, as well as their establishment and liquidation.

It includes both principles and norms common to all international organizations, as well as individual principles that reflect the specifics of individual groups and organizations.

The sources of law of international organizations are:

Constituent acts of international organizations (charter, charter, constitution, statute, convention, pact),

international legal custom,

Rules of procedure, staff rules, financial rules,

Some decisions of international organizations (conventions, resolutions of international organizations).

What is meant by an international organization?

This term is based on two concepts: "international" and "organization".

Any organization is recognized as international if it has the following characteristics.

1. Createdin accordance withnormsinternational law.

This feature is of fundamental importance, since it determines the legitimacy of the formation of an international organization. Any organization should be created on the basis of universally recognized principles and norms of international law (jus cogens).

2. Establishedon the basis of an international treaty.

3. Carries out cooperationin specific areasx figurenews .

International organizations are created for the implementation of interactions between states in any sphere of life. 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 (IBRD, IMF), social (ILO) and many other areas. There are also organizations designed to coordinate the activities of states in almost all areas (UN, CIS).

4. It hascorrespondingyour organizationalstructuresat.

This sign confirms the permanent nature of the organization, thereby distinguishing it from other forms of international cooperation.

Intergovernmental organizations have headquarters, members in the person of sovereign states and the necessary system of main and subsidiary bodies. The highest body is the session, which is convened once a year (sometimes once every two years). Executive bodies are 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.

5. Possessesrightsamiandduties.

6. independentvalidity of international lawand mustawns.

In our work, we will adhere to this classification.

The regulatory function is today the most important. It consists in making decisions that determine the goals, principles, rules of conduct of the Member States. Such decisions have only a moral-political binding force. P At the same time, the resolutions of international organizations do not create international legal norms, but confirm them, concretize them in relation to international life. By applying the rules to specific situations, organizations disclose their content.

By circle of participants international organizations are divided into world, or universal (United Nations Organization, Universal Postal Union), and regional (Organization for Security and Cooperation in Europe, Central European Initiative).

In order of entry international organizations can be open or closed. Openness implies the possibility of joining the organization of any state without special restrictions on the basis of recognition of its fundamental or a constituent act (charter, convention ). Closed organizations require the existence of certain criteria and the consent of the state rstv-participants (NATO).

By nature of membership international organizations subdivided into intergovernmental ( interstate ) and non-governmental .

Intergovernmental(interstate) organization - this is an association states, established by treaty to achieve common goals, having permanent bodies and acting in the general interest member states while respecting their sovereignty (CIS, UN, NATO, OSCE).

International non-governmental organizations are not created on the basis of an interstate agreement and unite f physical or legal entities (Red Cross).

By the nature of competence allocate international organizations of general and special competence.

By the nature of powers international organizations are divided into interstate and supranational.

Interstate create a certain framework for cooperation. Their decisions are usually non-binding (Council of Europe, OSCE).

The task of supranational organizations is to deepen integration. Their development follows the path of delegating part of the sovereignty and administrative powers of national states to supranational structures. The organs of such organizations no longer contain the rudiments of a kind of supranational governments, and the binding nature of their decisions, reached within the framework of the established rules of procedure, is quite often of a rigid nature. The most striking example of such an organization is the European Union.

For example, the CIS - it is a regional, interstate, international organization of general competence.

International organizations act as an objective result of the development of the world community. Can highlight there are two main reasons for the emergence of international organizations . First, it is the growing role and development of international law as an independent industry. AT secondly, the strengthening of the importance of multilateral diplomacy in international relations . In this way, international organizations are both main form a lot of foreign diplomacy, and its main historical product .

Examples multilateral diplomacy known since ancient times. However, a permanent member international relations she became only in the 19th and 20th centuries. Historical The mechanism for the development of multilateral diplomacy as an institution of international communication in a simplified form can be represented as follows: negotiations - international conferences - international organizations. P Therefore, with The creation of international organizations cannot be considered in isolation from the development of international law. On the one hand, documents of international law underlie the creation of international organizations and play a basic role in this. With another hand, appearance multilateral intergovernmental conferences and their transformation into one of the main forms of communication between states . All this accompany and was given the formation of relevant international legal customs and the establishment in the conventional manner of the norms of international law, designed to regulate the issues of their convocation and activities.

In the 13th century, the Spanish code "Siete partidas" unified some of the provisions of international law. Famous Dutch lawyer, sociologist and statesman Hugo Grotius (1583 - 1645 years ) in 1625 published in England his essay in three volumes "On the Law of War and Peace". The author of the "Code of International Diplomatic Law" in 1693 was German idealist philosopher Gotf reed B ilhelm Leibniz (1646 - 1716 years ). In 1792, Honoré Gregoire published the Declaration of International Law. At the turn of the 19th - 20th centuries, the first special institutions appeared that conducted research in the field of international law. Thus, in 1873, the Institute of International Law was established in Belgium, which still exists today. , and in 1912 in Washington (USA) there was its own Institute of International Law. However, we would like to note that these development trends are different sides of the same process, which were synchronized in time. This was the time when international relations emerged. how institutions world community .

Thoughts on the creation of international organizations permeated many works of scientists and politicians of the past. At many philosophers viewed international organizations as an elitist ideal of the most reasonable and just organization of social life. Among the first to propose the creation of an international organization called the "Union of Humanity" was the Roman writer, statesman and speaker Mark Tullius Cicero (106 - 43 years before ad ). In his opinion, the main goal of this alliance would be the struggle for peace and the prevention of war.

Italian poet and f philosopher Alighieri Dante (1265 - 1321 years ) in his essay "On the Monarchy" put forward the idea of creating an arbitration, supranational structure that could ensure the successful development of relations between states. He wrote: “Between any two rulers, of which one is not at all subordinate to the other, discord can break out. Therefore, they must be judged by the court, it must be someone third, with broader powers, dominating both, within the limits of his right.

In 1761 Jean Jacques Rousseau (1712-1778), the ideologue of the French Revolution, came up with the idea of creating a Conference of European States. German philosopher, social thinker Immanuel Kant (1724 - 1804) in his work "Towards Perpetual Peace" in 1795, he proposed a plan for establishing "perpetual peace", which should be to completely eliminate war from the life of mankind. In his opinion, on the basis of enlightenment and education, the non-interference of one state in the affairs of another, as well as the satisfaction of the economic and commercial needs of the nation, "eternal peace" could be achieved.

Henri Saint-Simon (1760 - 1825) - French thinker, socialist - utopian dreamed of creating a European Parliament that could prevent wars on the continent. English philosopher, sociologist, lawyer Jeremiah Bentham (1748 - 1832 years ) suggested that the creation of an international court could become a universal means of interstate conflict situations.

Vasily Fedorovich Malinovsky (1765-1814) became widely known among Russian enlighteners in 1803. years ) thanks to his work Discourses on Peace and War. In this work, he put forward the idea of organizing a world union of peoples, which would resolve international disputes "according to the established procedure", which would avoid wars.

Swiss lawyer, one of the founders of international law as a science Johann Kaspar B lunchli (1808 - 1881) in 1868 he wrote "Modern International Law of Civilized Peoples", in which he proposed to create A Pan-European Union Council, a Senate composed of people's representatives, an executive committee whose members would be the great powers, and a special secretariat.

In ancient Greece in the 6th century about ad the first permanent international associations appeared. They were created in the form of unions of cities and communities (for example, Laked Imin and Delian Symmachia), as well as religious and political alliances between tribes and cities (for example, the Delphic - Thermopylae amfiktyony). Similar associations were prototypes of future international organizations. F.F. Martens in s in In his work “Modern International Law of Civilized Peoples” wrote that “although these unions were caused specifically by religious goals, they had an effect in general on relations between the Greek states: like other social factors, they brought together nations and softened them closure." [ 12 , With. 45]

Scholars involved in the study of history international organizations, believe that the first intergovernmental organization in its classical sense was the Central commission for navigation on the Rhine, which was founded in 1831. It was established by special articles of the Final General Act of the Congress of Vienna, which was signed on July 9, 1815. These articles prescribed the establishment of international rules for navigation and collection of fees on the rivers Rhine, Moselle, Meuse and Scheldt, which served as the border of states or flowed through the possessions of several states.

Specialists in the field of international relations distinguish three stages in the development of international organizations. The first - the second half of the 19th century - the beginning of the 20th century. It was a time of rapid development of science and technology, which caused the emergence of a new form of international organizations - international administrative unions. In the second half of the XIX century international associations such as the International union for land measurement (1864 ), Sun world telegraph union (1865 ), Universal Postal Union (1874 ), International Bureau of Weights and Measures (1875 ), International Union for the Protection of the Literary and Artistic feminine property (1886 ), International Union of Railways important commodity messages (1890 ). All of these organizations had their own permanent bodies, permanent members, as well as headquarters. Their powers were limited only to the discussion of specialized problems.

The emergence of these organizations was caused by two mutually exclusive reasons. Firstly, the formation of sovereign states as a result of bourgeois-democratic revolutions, striving for national independence, and, secondly, the success of the scientific and technological revolution, which gave rise to a trend towards interdependence and interconnectedness of states. At the same time, scientific and technological progress has led to the fact that integration processes have penetrated the economies of all developed countries of Europe and have caused a comprehensive connection and interdependence of nations from each other. The need to reconcile these two opposing tendencies - the desire to develop within the framework of a sovereign state and the inability to do this without broad cooperation with other independent states - led to the emergence of such a form of interstate relations as international organizations.

From the middle of the 19th century until the beginning of the First World War, increased number international organizations, about main registration which leads the Union of International Associations, established in Brussels in 1909 year. He coordinated the activities international organizations and collected information on general issues of their activities.

The second period of development of international organizations - The 20s of the XX century - the beginning of the Second World War. The First World War delayed the development of international organizations and led to the dissolution of many of them. At the same time, awareness of the disastrous nature of world wars for the development of human civilization stimulated the emergence of projects to create international organizations of political orientation in order to prevent wars. One of these projects formed the basis of the League of Nations, created in 1919. The main organs of the League of Nations were the Assembly of all representatives of the members of this organization, the Council and the permanent secretariat. .

Its main task was to maintain peace and prevent new wars. The League of Nations recognized that any war "interests the League as a whole" and it must take all measures to maintain stability in the world community. The Council of the League of Nations could be convened at the immediate request of any of its members. When a conflict arises between members of the League of Nations, the dispute allowed or in tr eteysko m court e, or in the Council. If any of the members of the League started a war contrary to their obligations, then the rest of the participants had to immediately stop any financial and trade relations. The Council, in turn, invited the various interested governments to contribute troops to maintain respect for the obligations of the League.

The constituent act on the basis of which the League of Nations operated was the charter. It was he who provided for the need to limit national armed conflicts. Icts and reducing them to the minimum necessary to ensure national security. The Council of the League had the opportunity to draw up plans for the limitation of armaments and submit them to the interested governments, taking into account the geographical position and special conditions of each state.

But, According to experts, the League of Nations was unable to cope with its main task: the preservation of peace and the peaceful settlement of international conflicts. The differences that arose between the members of the League , entailed not fulfillment of the obligations taken. She is could not prevent the Second World War, as well as Japan's attack on China, Italy - on Ethiopia, Germany - on Austria and Czechoslovakia, Italy - to Spain . April 18, 1946 and the League of Nations was abolished, because she is did not fulfill its functions and at this historical stage ceased its Existence.

The third stage refers to the period after the end of the Second World War, when in 1945 the first universal international organization, the United Nations Organization (hereinafter referred to as the UN), appeared.

In general, during the period from the First to the Second World War, the development of problems of organizing international peace and security moved at an extremely slow pace, but one could observe a trend towards an expansion of the role of international organizations in the development of international law. M. Burken wrote that “while the functioning of international law was previously based mainly on the actions of states, at the present stage it is largely least relies on organizations such as the UN and the specialized agencies that cluster around the UN.”[ 8 , p.48]

The Second World War, due to its scale, gave a powerful impetus to the government and public initiative in many states to develop problems of the post-war organization of peace and security. The need for an international security organization arose from the very first days of the war, because simultaneously with the military efforts aimed at winning the war, the member states of the anti-Hitler coalition were also developing principles and plans for a future world organization. In the scientific literature there are disagreements about the initiative to create United Nations . Western scholars refer to the Atlantic Charter of Roosevelt and Churchill from August 14, 1941 , and Soviet researchers - on the Soviet-Polish declaration of December 4, 1941 of the year . A clearly defined plan to create a world organization for the maintenance and consolidation of peace was first enshrined in the Declaration of the governments of the USSR and Poland , signed on December 4, 1941 . This document stated that a lasting and just peace could be achieved only a new international organization, based on the unification of democratic countries into a strong alliance. In establishing such an organization, the decisive factor must be respect for international law, upheld by the collective armed force of all allied x states.

The most important step towards the creation of the UN was the conference of allied x powers in Moscow autumn 1943 . AT paragraph 1 of the Moscow Declaration, signed by representatives USSR, USA, Great Britain and China, these powers proclaimed that "they recognize the need to establish in the shortest possible time a universal international organization for the maintenance of international peace and security, based on the principle of the sovereign equality of all peace-loving states, of which all such states, large and small. Management four powers pledged to consult with each other on matters of major importance, and when circumstances so require, with other Members of the United Nations, with a view to acting jointly in the interests of the community of nations in the maintenance of international peace and security until law and order are restored and until a security system will be installed. This was mentioned in the fifth paragraph of the said declaration. The parties pledged not to apply until the end of the war on the territory of other states forces without joint to that decision, and to cooperate with each other in order to reach a general agreement on the regulation of arms in the post-war period. According to the researcher of the history of the creation of the UN and a participant in the conference on the development of the UN Charter, S.B. Krylova "Moscow was the birthplace of the United Nations, since it was in Moscow that the Declaration on the Establishment of a General Security Organization was signed" .

The agreements adopted at the Moscow Conference were approved at the Tehran Conference, where 1 December 1943 The Declaration was concluded in which the heads of the USSR, the USA and Great Britain stated the following: “We fully recognize the high responsibility that lies on us and on all the United Nations for the implementation of such a world that will receive the approval of the overwhelming mass of the peoples of the globe and which will eliminate disasters and horrors wars for many generations.

At the beginning of 1944 negotiations took place between participants in the Moscow Conference in 1943 on the legal status of a new international organization for peace and security. At a conference in Dumbarton Oaks ( August 21 - September 28, 1944) the main principles and parameters of the mechanism of the activity of the future organization were agreed upon. The agreed draft "Preliminary Proposals" became the basis of the future UN Charter. This project consisted of 12 chapters (currently the UN Charter includes 19 chapters). Participants of the Crimean Conference in Yalta in February 1945 discussed and approved the proposed at Dumbarton Oaks the package dock mentov, supplementing it, and accepted decision to convene a United Nations conference in the United States in April 1945. This decision It was realized at a conference in San Francisco, held in April 1945 , and complete elk adoption of the founding documents of the United Nations. On October 24, 1945, the UN Charter came into force.

From the previously existing UN organizations, they were distinguished by a pronounced political character, manifested in an orientation towards issues of peace and security, and an extremely broad competence in all areas of interstate cooperation. After the adoption of the UN Charter, a new era began in the development of international organizations. The importance of the UN guarantor international peace and security, emphasize in their works as from domestic and foreign lawyers - international lawyers .

So I.I. Lukashuk wrote that at the moment “there is a process of formation of a new world system and the corresponding world order, on which survival and progress of human civilization. In all this, the UNO plays its role. Without it, the process perestroika, no doubt would be more painful. Today, the world system could hardly function properly without the UN.”[ 9 , p.44]

Speaking at the 58th session of the UN General Assembly, President of the Russian Federation V.V. Putin emphasized that "the structure and functions of the UN are were formed in a predominantly different international environment , time only confirmed their universal significance. BUT UN instruments are not only in demand today, but, as life itself shows, they are simply irreplaceable in key cases.”[ 10 , p.3]

The current stage in the development of international relations is characterized by a noticeable increase in the activity of international organizations. For example, over the past two centuries, their total number has more than doubled. In total, according to the data of the Union of International Associations in 1998, there were more than 6,000 international organizations in the world. According to scientists, if we take into account all without exception the structures associated with international activities ( charitable foundations , conferences ), then their total number will reach about 50 thousand.

A characteristic feature of modern international relations is the ever-increasing role of international organizations as one of the ways to regulate and develop relations between states. They became permanent and very important phenomenon in international life. This organizations own important role in the process of creation and control for the observance by states of the norms of international law. And in the future this role will grow. Today, international organizations are the main means of communication and cooperation in various fields. This happens as a result of the demands of life.

The main reasons for the emergence of new international organizations in the last decade have been deep, high-quality, civilizational changes in the world . These processes came manifestations of globalization, which lies in the fact that many social, economic, cultural , political and other relations and ties acquires a worldwide character. At the same time, it implies an increase interactions, both within individual states and between states. [ 17 , p.9]

2. LEGAL NATURE OF INTERNATIONAL ORGANIZATIONS.

One of the features of modern international organizations, their difference from state military alliances (which had then in the Middle Ages) is respect for the equality and sovereignty of the participating States. This principle is implemented through the contractual basis of international organizations, voluntariness and the interstate nature of membership. This also finds its expression in the advisory status of decisions.

The basis of the legal nature of international organizations lies ratio common their goals and interests of states, which reflected in the founding act.

Constituent (or founding) an act is an international treaty fixing the status, structure and mission of an organization. He may have various names: charter, charter, constitution i, statute, convention, pact . Different terminology is also applied to the names of the organizations themselves. it may be federation, confederation, association ia, union, alliance, league, co friendship, community . Name difference does not affect the status. Some organizations that do not have a founding act, as they developed, gradually codified the scope of their activities and the structure of the institutional framework, having created so the way basis for functioning international organization . So approx The OSCE serves as a rump. emergence given organization was accompanied not by the signing of a constituent act, but by the development of a number of international initiatives.

Founding act of an international organization expresses general views many states that wish to act together to achieve certain goals. In the theory of international relations, it is generally accepted that these intergovernmental agreements should bind at least three states, and therefore structures created on the basis of bilateral agreements are not considered international organizations.

The charter of the organization fixes its powers, but not always can do it with sufficient completeness. To do this, the concept of "implied powers ( implied powers )”, which are understood as additional powers needed to achieve statutory organization goals . [ 13 , p.93]

The legal basis of the organization is the "rules of the organization". Article 2 of the Vienna Convention on the Law of Treaties involving Organizations, 1986, states that “they include the constituent instruments of the organization, the decisions and resolutions adopted in accordance with them, as well as the established practice of the organization » . Founding acts are treaties, but treaties of a special kind. They indicate a special procedure for the participation and termination of the country in the organization. Becoming a member is possible only as a result of the admission procedure. By decision of the organization, membership may be suspended.

International organizations are not subjects of international law in the full sense of the word, although they are carriers of certain international rights and obligations. This is usually called secondary legal personality.

At present, it is widely recognized in science that states, with creating an organization, they form a new subject of international law and endow it with a certain legal and legal capacity, which means scope of legal personality of organizations much lower than the state, which is targeted and functional.

An international organization created by states to fulfill specific goals and objectives is endowed with the competence fixed in the constituent act. From the point of view of international law, the competence of an international organization is an object or sphere of its substantive activity. In most Western theories of international law, a broad interpretation of the competence of international organizations is widespread. Supporters « immanently th competencies » ( Norway Russian lawyer F. Seidersted) and « implied-my competence » ( English lawyer

V. Bowet) proceed from the fact that any international organization can take the actions necessary to achieve its goals, regardless of the specific provisions of the founding act or other international agreements, either by virtue of immanent properties inherent in international organizations, or on the basis of an implied competencies that can reasonably be derived from the goals and objectives of the organization. Both concepts are close to each other, as they derive the competence of international organizations from its goals and objectives, which contradicts the contractual nature of modern international organizations. [ 16 , p.16]

International organizations have contractual legal capacity. As established by Article 6 of the Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations of 1986 , "the capacity of an international organization to conclude treaties is governed by the rules of that organization." [ 7 ]

Such agreements may concern both the status of an international organization (for example, an agreement on the opening of a representative office) and the fulfillment of its mission. It is possible to enter into contracts attributed the right to passive missions - the creation of permanent missions of the organization in the participating countries, as well as the right to active missions, which allows international organizations have representation in participating countries or other organizations .

The legal status of international organizations has a dual character. Internal law exercised in the territory of the contracting states rst, allows you to act on about again various contracts or be the subject of proceedings in court. The legal status is provided by the fundamental act of the organization. Article 104 of the UN Charter clarifies: “The Organization shall enjoy in the territory of each of its members the legal capacity necessary for the exercise of its functions. shares and achieve their goals”. [ 1 .]

International legal status, in contrast to the status of states with full competence, about determined by goals, competence powers and powers given to an international organization and set out in the founding act .

International organizations have the right to participate in diplomatic relations. Their representatives enjoy full diplomatic privileges and immunities. which are guaranteed in conventions on the privileges and immunities of special institutions of November 21, 1947 . : “Special institutions, including property, enjoy the immunity of this jurisdiction, their buildings cannot be the object of encroachment, their property cannot be the object of search or confiscation or any other form of executive coercion: administrative, legal either legal or statutory”. [ 2 . ]

General issues

The modern period of development of international law, which began after the Second World War and is associated with the creation of the UN, as well as the formation of the UN system of organizations, is characterized by rapid growth number of international organizations. Currently, there are more than 20 thousand international organizations.

A branch of international law was formed - the law of international organizations.

Law of international organizations is a set of principles and norms governing the creation, structure and activities of international organizations.

This industry is characterized by both the basic principles of international law (for example, the peaceful resolution of international disputes) and special industry principles, such as the principle of responsibility of international organizations for offenses, the principle of voluntary membership in international organizations.

International treaties related to the sources of law of international organizations can be divided into three groups: treaties between states; treaties between states and international organizations and treaties between international organizations.

Among the treaties of the first group, the constituent acts of international organizations occupy a special place. They determine the legal nature of international organizations, endowing them with the rights and obligations that constitute their legal personality. At the same time, the UN Charter, which enshrines the basic principles of international law, is a source of great importance for all branches of international law, including the law of international organizations. This means that international organizations must act in accordance with the principles and norms enshrined in the UN Charter. Of the other treaties between states, agreements should be singled out that establish norms of a general order for international organizations. Thus, a number of agreements recognize the principle of responsibility of international organizations, for example, in the Treaty on Principles for the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, 1967. In treaties on the privileges and immunities of international organizations (for example, in the Convention on the Privileges and immunities of the United Nations in 1946) defines the status of an international organization on the territory of the state.

The group of treaties between states and international organizations includes agreements on the location of the headquarters of an international organization, on its representation in states; functional agreements aimed at realizing the goals of the organization; about technical assistance; about financial assistance; about guardianship; on the provision of armed forces and other types of military assistance, etc.

Among the agreements between international organizations, one can single out agreements on cooperation, on the status of a specialized agency under the UN, on succession, on the creation of joint bodies and programs, etc.

As for the decisions of international organizations, those of them that are binding in nature are referred to as sources of law of international organizations, for example, decisions of the Security Council binding on member states, EU decisions, financial rules of international organizations, rules for recruiting international personnel, etc.

Theory

The doctrine distinguishes between the concepts of external and internal law of international organizations. External law refers to the rules that govern the relationship of an international organization with member states and non-member states, with other organizations. Domestic law includes rules governing "internal" relations: rules of procedure, decision-making, financial rules, rules that determine the status of personnel.

International organizations are permanent associations of states created on the basis of an international treaty. This permanence distinguishes them from international conferences, which are temporary associations.

According to the Vienna Conventions of 1969 and 1986. the term "international organization" means an intergovernmental organization. The legal nature of international non-governmental organizations is different: they are not founded by concluding an international treaty between states or between intergovernmental organizations.

international intergovernmental organization (hereinafter referred to as an international organization) can be defined as an association of states created on the basis of an international treaty to achieve the goals provided for by the constituent (charter) document, which has international legal personality, has permanent bodies and acts to achieve these goals in accordance with the generally recognized principles and norms of international law .

Based on the definition of an international organization, we can distinguish its following main signs:

1) establishment on the basis of an international treaty. As a rule, such an agreement is called a charter, but it may have another name (for example, a statute, a convention, etc.), which in itself does not affect the legal nature of the organization;
2) the presence of permanent bodies and the permanent nature of the activities of the organization. This feature of an international organization distinguishes it from other forms of international cooperation (for example, conferences);
3) the organization has an international legal personality. One of the main distinguishing features of an international organization is that it, along with states, is a subject of international law and can, like states, be a party to international treaties.

It should be noted that international organizations may have different names (league, fund, bank, organization, etc.), which does not affect their status.

Expanding the concept of international organizations, it is impossible not to note the diversity of their types. Classification of international organizations can be carried out according to various criteria:

1) according to the circle of participants, organizations are divided into universal – open to the participation of any country in the world (for example, the UN) and regional organizations (AC, OAS, etc.). It is also necessary to single out such a type of organizations, membership in which is limited by a certain criterion, which leads them beyond the framework of a regional organization, but does not allow them to become universal. Such organizations are called interregional. An example of such an organization is the OIC, whose members can only be Muslim states;
2) depending on the field of activity of the organization can be divided into organizations general and special competence. Organizations of general competence have the right to deal with any issues that are of interest to member states. Such organizations are the UN, the OAS, the AU. Organizations of special competence are engaged in cooperation only in a certain area. A classic example of such organizations are the specialized agencies of the United Nations, such as WHO, ILO;
3) in order of joining the organization, we can distinguish open and closed. Any state can become a member of an open organization. Admission to membership of a closed organization is made only with the consent of its original members (NATO).

International organizations can be classified according to other criteria.

At the core legal nature international organizations is the existence of common goals and interests of member states. The principle of sovereign equality of states is the guiding principle in the construction of international organizations. In practice, this principle is implemented in the following: the contractual basis of the international organization; voluntary membership; mostly advisory nature of the decisions of the organization; its interstate character; preservation of the sovereignty and equality of states both within the organization and outside it. The goals and principles, competence, structure of the international organization have an agreed basis.

The problem of the relationship between the sovereignty of the member states and the general goals of the organization is resolved in its founding act. There are no contradictions between them if the state conscientiously fulfills the obligations assumed by the charter of the organization and follows the established principles.

States, when creating international organizations, recognize their ability to have rights and obligations, to participate in the creation and application of international law, to stand guard over the observance of international law. By this recognition, states create a new subject of international law.

The ability of international organizations to act on their own behalf presupposes a relatively separate legal will. Such a will is qualitatively different from the individual will of each Member State. Individual volitional acts of the members of the organization are coordinated, and this coordinated will of the international organization has an interstate character. It is this isolation of the will of international organizations that underlies their international legal personality and the ability recognized for them to exercise will, to assume rights and obligations under international law.

The source of this relatively separate will is the founding act. This means that neither the international organizations themselves nor their bodies can perform actions that go beyond the scope of the founding act.

Of course, vesting international organizations with rights and obligations does not mean equating them with states - the main subjects of international law. The scope of their legal personality is less and is targeted and functional.

In order to carry out their functions, international organizations must have the necessary legal means. In Art. Article 104 of the Charter of the PLO provides for this purpose that "the United Nations shall enjoy in the territory of each of its Members such legal capacity as may be necessary for the exercise of its functions and the achievement of its purposes." Similar provisions are contained in most constituent acts.

International organizations are endowed with treaty legal capacity, i.e. has the right to conclude agreements within its competence. As Art. 6 of the 1986 Vienna Convention, "the legal capacity of an international organization to conclude treaties is governed by the rules of that organization." Paragraph 1 of Art. 2 of the Convention clarifies that "the rules of the organization" means, in particular, the constituent acts, the decisions and resolutions adopted in accordance with them, as well as the established practice of the organization.

The constituent acts of international organizations testify that the contractual legal capacity is fixed in them, as a rule, in two ways: either in general position, providing for the right to conclude any agreements that contribute to the fulfillment of the tasks of the organization (for example, Article 65 of the Chicago Convention of 1944), or in a special provision or provisions that determine the possibility of the organization to conclude certain categories of agreements (for example, Articles 43 and 63 of the UN Charter).

International organizations have the ability to participate in diplomatic relations. Under some of them, representatives of states are accredited, they themselves have representations in states and exchange representatives among themselves. In Moscow, with the consent of the host country, the UN Information Center and UNESCO and ILO offices have been opened. On October 6, 1992, an Agreement was signed between the Government of the Russian Federation and the Office of the United Nations High Commissioner for Refugees (UNHCR) on the opening of a representative office of the UNHCR.

In 1993, an Agreement was concluded between the Government of the Russian Federation and the United Nations on the establishment in the Russian Federation of the United Nations Office and its bodies, programs and funds in order to support and complement national efforts to address the most important issues economic development, promoting social progress and improving living standards. It represents the UN and its supporting agencies such as the United Nations Development Program (UNDP), the United Nations Children's Fund (UNICEF), the United Nations High Commissioner for Refugees, the United Nations Program for environment(UNEP), United Nations Population Fund (UNFPA), World Food Program (WFP), United Nations Drug Control Program (UNDCP).

The Government of the Russian Federation concluded agreements on the establishment of permanent missions in the Russian Federation and with a number of other international organizations, for example, with the International Monetary Fund (September 24, 1997), with the International financial corporation(September 24, 1997).

International organizations and their officials enjoy privileges and immunities (for example, the Convention on the Privileges and Immunities of the United Nations of 1946, the Convention on the Privileges and Immunities of the Specialized Agencies of 1947, etc.).

As subjects of international law, international organizations are responsible for offenses and damage caused by their activities.

International organizations are also given the right to recruit personnel on a contract basis. These are not representatives of states, but international officials reporting exclusively to an international organization and acting on its behalf and in its interests. As noted in Art. 100 of the UN Charter, the Secretary-General and the staff of the Secretariat "shall not seek or receive instructions from any government or authority external to the Organization. They shall refrain from any action that might affect their position as international officials responsible only to the Organization.

Every international organization has financial resources, which consist for the most part of the contributions of member states and are spent exclusively in the general interests of the organization. Ancillary units of international organizations such as UNICEF, UNDP, WFP, etc. are financed through voluntary contributions, and not through the central budget of the organization that created them.

The programs and funds of the United Nations, which are its subsidiary entities, do not have their own legal personality. They have a legal capacity that is based on the legal personality of the organization within which they are created. Such Programs and Funds are financially responsible for their activities within their budget, financed by voluntary contributions. The UN is not financially responsible for their actions.

Competence of international organizations. An international organization created by states to fulfill specific goals and objectives is endowed by them with a certain competence fixed in the constituent act, i.e. the scope of its substantive activity, as well as the corresponding powers.

As for the functions of an international organization, they should be understood as the external manifestations of the processes of its activities to fulfill the tasks assigned to it (for example, regulatory, control, operational and other functions). At the same time, the organization has the right to carry out its functions only within the limits of its competence.

Membership in international organizations is an inalienable character of the state, arising from its sovereignty. There are two categories of members in interstate organizations - full members and members with limited rights. Only states can be full members in such organizations. This category, in turn, is subdivided into original and affiliated members.

The founding acts of international organizations contain various provisions regarding original members. The initial members may be: 1) states that took part in the founding conferences (IMF); 2) states that took part in the founding conference, as well as invited to it, but did not participate in it (IMO); 3) the states that participated in the founding conference or signed the documents preceding the conference, and then signed and ratified the founding act (UN). There are other definitions of the initial members. Some international organizations list such states in an annex to the founding act (FAO).

In most cases, the legal status of original members is the same as that of affiliated members with respect to the rights and obligations arising from membership in an international organization. It is only taken into account that the initial members, by their will, created an international organization, endowing it with legal personality and recognizing its status as an international organization. However, in a number of cases, special rights are assigned to the original members, for example, in relation to the accession of new members to the organization (OPEC).

The acceding members of an international organization include those states that joined it after its activities began in accordance with the established provisions. For the accession procedure, the conditions and procedure for admission are important.

Most international organizations establish criteria for admission to membership in their founding acts. The general criteria include recognition by the candidate state of the purposes and principles of the international organization, acceptance of the obligations arising from the founding act, and the ability to fulfill these obligations. These criteria are applied, as a rule, in all international organizations, including those whose constituent acts do not stipulate formal requirements for candidate members (ILO, WHO, UPU, etc.).

Some constituent acts also provide for special requirements for admission to membership. Thus, to be admitted to the UN it is necessary to be a peace-loving state, to WMO - to have a meteorological service, to the OIC - to be a Muslim state. Financial institutions set their own admission conditions for each candidate (IMF, etc.).

As for the procedure for admission, it can be simplified, or on the basis of an established procedure using voting. Under the simplified procedure, it is enough to join the constituent act and deposit the document of accession with the depository (Intersputnik, International Whaling Commission), or formally accept the obligations arising from the constituent act, informing the official of the organization (ILO) about this. A simplified procedure has been established for UN member states when they are admitted to UN specialized agencies.

The procedure for admission is established in the constituent acts. Thus, for admission to UN membership, a decision of the Security Council, adopted taking into account the principle of unanimity of permanent members, and a decision of the UN General Assembly, adopted by 2/3 of the members present and voting, are required. In most other international organizations, a decision of the plenary body adopted by a qualified (OAS) or simple majority (WHO) is sufficient.

The most complicated procedure for admission to closed international organizations. Thus, admission to the North Atlantic Treaty Organization (NATO) requires an invitation confirmed unanimously by all member states, a decision of the NATO Council ratified by all NATO members.

A state that is not a member of an international organization may take part in its work as an observer. Recently, other forms of attracting non-member states to participate in the activities of an international organization have appeared, for example, the status of a specially invited state (Council of Europe), the status of a full-scale dialogue partner (ASEAN).

Some international organizations (for example, WHO, IMO, FAO, UNESCO) provide for a special form of membership with limited rights (associate member, associate member). Such membership is granted to territories or groups of territories which are not responsible for the conduct of their external relations. Members with limited rights have the right to participate in meetings, receive documents, but they cannot participate in voting and be elected to the bodies of the organization.

Termination of membership can take place in two ways: withdrawal and exclusion. The founding acts of most international organizations provide for withdrawal from the organization on the basis of the fulfillment of certain conditions: the presence of a written statement of withdrawal, fulfillment of financial obligations, the establishment of a certain period for the entry into force of the statement, etc. If the constituent acts do not contain provisions on withdrawal, this does not mean that a member state cannot withdraw from the organization. It has the right to do so by virtue of its sovereignty. In the practice of international organizations, such exits have taken place more than once (for example, in 1965, Indonesia stopped, and in 1966 resumed its participation in the work of the UN, the USA, Great Britain and Singapore in 1984-1985 in UNESCO). The state can motivate its withdrawal, but this is its right, not its duty. At the same time, a state should not use withdrawal or the threat of withdrawal to put pressure on an international organization.

Exclusion from the organization is made for systematic violation of statutory obligations. It is provided by most constituent acts as a disciplinary sanction by decision of the supreme body of the organization. In the UN, such a decision is made by the UN General Assembly on the recommendation of the Security Council.

A number of specialized agencies provide for automatic termination of membership if a state is expelled from the UN. Termination of membership may also take place due to other reasons - the liquidation of an international organization, the disappearance of a state as a subject of international law, the disagreement of a member state with the adopted amendment to the constituent act.

Suspension of membership must be distinguished from termination of membership. According to the statutes of international organizations, it is also applied for violation of statutory obligations, but for a certain period. Most often, there is a deprivation of the right to vote in the bodies of an international organization, suspension of the right of representation in the highest body. As a rule, this happens in connection with the financial debt on membership fees. Since 1970, the representation of South Africa in the UN General Assembly was suspended for pursuing a policy of apartheid. It was resumed in 1995 after the end of the apartheid regime in South Africa.

Organ of an international organization is an integral part of an international organization, its structural link.

It is created on the basis of the founding or other acts of an international organization, endowed with certain competence, powers and functions, has an internal structure, has a certain composition and decision-making procedure; one hundred legal status is fixed in the constituent or other acts.

The competence of an international organization as a whole is closely connected with the competence of its organs. The competence of the main organs of an international organization is determined in the constituent act or in other international agreements and is of a contractual nature. It cannot be arbitrarily changed without the consent of the member states of the international organization, expressed in the appropriate form.

Bodies of international organizations are classified according to a number of criteria. Based on the nature of membership, it is possible to distinguish intergovernmental, inter-parliamentary, expert, administrative bodies, consisting of persons in their personal capacity, with the participation of representatives of various social groups (for example, representatives from trade unions and employers in ILO bodies).

The most important bodies are intergovernmental, to which Member States send their representatives with appropriate powers and acting on behalf of governments. Representatives do not have to be diplomats. Some organizations require that the representative be an appropriate professional (eg a medical professional for WHO or a cultural specialist for UNESCO).

Inter-parliamentary bodies are created mainly in regional organizations. Their members are either directly elected by the populations of the member states through direct universal suffrage (European Parliament) or appointed by national parliaments (Parliamentary Assembly of the Council of Europe). In most cases, parliamentary bodies limit themselves to adopting recommendations.

Administrative bodies consist of international officials who are in the service of an international organization and are responsible only to it. Such persons are recruited in accordance with the quotas established for Member States on a contractual basis.

An essential role in the activities of international organizations is played by bodies consisting of persons in their personal capacity (for example, arbitration and judicial bodies, committees of experts).

Based on the number of members, two types of bodies can be distinguished: plenary, consisting of all member states, and bodies of limited composition. In organizations with the most democratic structure, the plenary body, as a rule, determines the policy of the organizations. Decisions on the most fundamental issues are reserved for him: the definition of the general policy of the organization and its principles; adoption of draft conventions and recommendations; budgetary and financial matters; revision of the charter and adoption of amendments to it; issues related to membership in the organization - admission, exclusion, suspension of rights and privileges, etc.

At the same time, in the activities of a number of international organizations, especially UN specialized agencies, there is a tendency to increase the role of limited membership bodies in managing their activities (for example, in the ILO, IMO, ICAO).

For bodies with limited membership, their composition is important. These bodies should be staffed in such a way that the decisions they make reflect the interests of all states to the greatest extent, and not just one or two groups. In the practice of activities of international organizations, the following principles are often applied to form bodies of limited composition: fair geographical representation; specific interests; equal representation of groups of states with divergent interests; the greatest financial contribution; political representation (recording of representations of permanent members of the Security Council in bodies where they are not assigned a permanent seat).

When forming organs, one of the principles is most often applied. For example, Art. Article 15 of the UPU Convention states: "The member countries of the Communications Executive Commission shall be appointed by Congress on the basis of equitable geographical distribution." In the International Maritime Organization, the Assembly elects the members of the Council on the basis of the principle of specific interests, taking into account the groups of countries most interested in international maritime transport and in international maritime trade. On the basis of the principle of parity representation of states with divergent interests, for example, the UN Trusteeship Council was formed.

In some cases, organs are formed taking into account two or more criteria. For example, the election of non-permanent members of the Security Council is conducted with regard primarily to the degree of participation of UN members in the maintenance of international peace and security and in the achievement of other goals of the Organization, as well as equitable geographical representation.

To characterize the bodies of international organizations, it is possible to use other criteria, for example, the hierarchy of bodies (main and subsidiary), the frequency of meetings (permanent and sessional), etc.

Decision making by international organizations. Decisions of international organizations are taken by their bodies. The decision of an international organization can be defined as the agreed expression of the will of the member states in the competent authority in accordance with the rules of procedure and the provisions of the charter of this organization. The process of forming decisions depends on many factors: the provisions of the constituent act, the rules of procedure, the composition of the body, the alignment of political forces within it. It begins with the manifestation of an initiative coming from a state, from a group of states, from organs or officials of an international organization. As a rule, the initiator proposes the study of a certain problem. But in a number of cases, he can also introduce a draft of a future decision for discussion. Other states, as well as groups of states, may submit their draft decisions. If there are many countries co-sponsoring projects, it is difficult to agree on each provision. Here, in each case, a balanced approach is required.

The next step in the formation of a decision is to put the problem on the agenda of the decision-making body. In the UNGA, the provisional agenda is drawn up 50 days before the opening of the regular session, additional items are introduced 30 days in advance, new urgent items less than 30 days in advance or during the regular session. The General Committee in charge of the session considers the provisional agenda, together with the supplementary items, and for each item will make a recommendation to be included in the agenda, or rejected, or postponed to subsequent sessions. The UN General Assembly then adopts the agenda. In the specialized agencies of the UN, it is usually the executive bodies that prepare the agenda of the plenary bodies.

After the issue is placed on the agenda, it is either discussed directly in the body itself, or submitted for consideration by specially created commissions or committees. After that, the issue is again submitted to the authority for consideration. For example, under rule 65 of the Rules of Procedure of the General Assembly, unless it decides otherwise, it shall not take a final decision on any item on the agenda until it has received the report of the relevant committee thereon.

In most international organizations, decisions, before they are submitted for discussion by the plenary body, are submitted for consideration by subsidiary bodies, where, in essence, a draft decision is developed, its supporters and opponents are identified. Therefore, the work of the subsidiary bodies is given great attention.

Voting is the main step in decision-making. In the overwhelming majority of bodies of international organizations, each delegation has one vote. Only in bodies with a balanced decision-making system, the number of votes granted to states varies depending on the criteria adopted in the organization. For example, in the financial institutions of the UN system, each state has a number of votes proportional to its contribution.

The rules of procedure of each body establish the quorum required for decision-making, which is most often a simple majority of the members of the body.

Decisions can be taken unanimously, by simple or qualified majority. In the 19th century decisions in international organizations in most cases were taken on the basis of the principle of absolute unanimity. However, practice has shown the inconvenience of this method, since even one state could disrupt the entire work of the body. Therefore, gradually, international organizations moved towards relative unanimity, a simple and qualified majority.

The principle of relative unanimity means a positive vote of the members of the body, without taking into account absent or abstaining members. Such was, for example, the practice of voting in the Council and Assembly of the League of Nations.

Simple (50% + 1 vote) and qualified majority (2/3 or 3/4) can be absolute and relative. The absolute majority requires taking into account the entire number of members of the body, the relative majority - only those present and voting "for" or "against".

In the practice of activities of international organizations, the decision-making procedure based on consensus is becoming more widespread. Consensus is characterized by the way of coordinating the positions of the member states of the body on the basis of taking into account the opinions and interests of all and with a common agreement. The agreed text of the decision is announced by the chairman of the body without a vote and in the absence of objections to the adoption of the decision as a whole.

International organizations, by virtue of their legal personality, participate in normative activity. Two areas of such activity can be distinguished: direct law-making and an auxiliary role in the law-making process of states. The direct law-making of international organizations is manifested in their contractual practice and in the decisions they make. International organizations, having contractual legal capacity, conclude agreements both with states and among themselves. Despite the secondary nature of the norms of such agreements, they are among the sources of international law. Their obligation is due to the fact that in some cases they express the sovereign will of the state, consistent with the will of an international organization, in others - the agreed will of two or more international organizations. At the same time, the will of each international organization is, in turn, a manifestation of the coordination of the sovereign wills of the member states of this organization.

As for the decisions of international organizations, not all of them contain normative provisions. Decisions on procedural, financial, organizational and other issues of the internal law of international organizations are binding on all member states, if the binding nature of such decisions is provided for by the constituent act and all the rules for their adoption are observed.

International organizations can perform auxiliary functions in the rule-making process of states. The most typical cases of their participation in such a process are: the development and adoption by the supreme body of the organization of draft conventions, technical standards and regulations, the convening of conferences to conclude agreements, etc. The norms contained in the draft conventions become the norms of international law on the basis of the implementation by states of certain procedures ( ratification, entry into force after a certain number of ratifications).

For the entry into force of the regulations of some organizations, the need for their subsequent adoption by states is provided. Thus, UPU regulations are subject to ratification, while ITU regulations require approval by their states. With regard to the regulations of ICAO, WHO, WMO, for their entry into force there is no need for their subsequent ratification or approval by states. Here, the expression of the tacit consent of the states takes place, since the state is considered to have accepted the regulation if it has not declared its refusal to accept the regulation within a certain period (for example, three to nine months in relation to the WHO regulations).

We recommend reading

In War Thunder, a large-scale update "Storm

Description: War Thunder is a next generation military MMO game dedicated to...

Titan Siege - boring hardcore

"Titan Siege" is a large-scale online game on the theme of Scandinavian and ancient Greek...

The Tempest in War Thunder, new vehicles, graphics, effects and music

Being an avid lover of German tank looks, I spent a lot of time...

Law of international organizations. Concept, sources Interests of international organizations in international law

Send your good work in the knowledge base is simple. Use the form below

Similar Documents

General issues

We recommend reading

Site search