The concept of sources and principles of law of international organizations. Internal law of international intergovernmental 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 at the end of the 19th and beginning of the 20th centuries. In 1874, the Universal Postal Union was created, in 1919 - the International Labor Organization, etc. The 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 World War II, hundreds of international organizations were established, including the UN, UNESCO, LAS, NATO, ATS, etc. ., which allows us to conclude that there is an independent branch of international law - rights of international organizations.
The law of international organizations consists of two groups of international norms, forming: firstly, the “internal law” of the organization (rules governing the structure of the organization, the competence of its bodies and operating procedures, the status of personnel, other legal relations) and, secondly, “external law "organizations (the norms of the organization's agreements with states and other international organizations).
The rules of law of international organizations are predominantly contractual 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, etc.
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, and 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: adoption of a constituent document; creation of the material structure of the organization; convening of the main bodies, indicating the beginning of the functioning of the organization.
The agreed expression of will of states to create an international organization can be recorded in two ways:
- 1) in an international treaty;
- 2) in a 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 can 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 made by another international organization. In this case, the concerted will of states to create an international organization is manifested by voting for a constituent resolution, which comes into force from the moment of its adoption. The termination of the existence of an 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 protocol on dissolution.
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, when creating international organizations, endow them with a certain legal capacity and legal capacity, recognizing their ability to: have rights and obligations; participate in the creation and application of international law; stand guard over compliance with international law. Thus, states create a new subject of international law, which, along with them, carries out law-making, law enforcement and law enforcement functions in the field of international cooperation.
International organizations are endowed with contractual legal capacity, i.e. has the right to enter into a wide variety of agreements within its competence. As established by Art. 6 of the Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations, “the legal capacity of an international organization to conclude treaties is governed by the rules of that organization.” Clause 1 of Art. 2 of the Convention states that “rules of the organization” means, in particular, the constituent instruments, the decisions and resolutions adopted thereunder, and the established practices of the organization. International organizations have the ability to participate in diplomatic relations. Representative offices of states are accredited with them, they themselves have representative offices in states (for example, UN information centers) and exchange representatives with each other. International organizations and their officials enjoy privileges and immunities (for example, the 1946 Convention on the Privileges and Immunities of the United Nations, the 1947 Convention on the Privileges and Immunities of the Specialized Agencies of the United Nations, 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 liability.
Each international organization has financial resources, which, although they consist largely of contributions from 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 emerge?
- 2. What is the law of international organizations
- 3. Sources of law of international organizations
Law of international organizations– a set of norms that determine the normative and legal status of specific organizations in the international system of relations. The key task of such rights is to regulate the activities of organizations between themselves and the state system. The regulatory framework governing the activities of such organizations is divided into two broad areas.
Sources and rules of law
In international law, the main way to regulate the activities of organizations is regulatory agreements. These include:
- documents establishing the procedure for interaction between countries, principles and operating procedures of the association (founding agreements, charters, agreements, etc.);
- documents defining the status of personnel;
- agreements with the host country confirming the organization’s rights to locate a representative office;
- agreements with other institutions.
Norms and rules are conventionally divided into categories (taking into account the sources in which they are stated, as well as the issues that they regulate). Category own right defines the following aspects of the functioning of organizations:
- conditions and procedure for joining/excluding members of the organization;
- determination of the structure, functions and work of the main organs of the organization;
- decision-making mechanisms, document flow and other issues related to the organizational component;
- provisions relating to the identification of personnel status;
- conditions of accreditation in the host country and determination of the status of personnel in this regard;
- financial activities (formation of the budget taking into account its sources, features of calculating membership fees, the procedure for making decisions on financing).
External law includes norms establishing the status of organizations in the system of international relations. Similar rules govern:
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The third category includes rules that allow international organizations (for example, the UN) to participate in the law-making process. The legal framework for regulating the activities of international organizations has its own characteristics. The key feature is the absence of legislative acts that define the principles of functioning of organizations of this type.
Rights of an international organization as a participant in interstate legal relations
Intergovernmental organizations have their own legal personality, competence, and legal capacity. They can participate in the law-making process. For example, sign collective interstate agreements that are binding. The following rights and freedoms follow from this:
- use of power (making binding decisions);
- use of diplomatic advantages and immunities;
- the possibility of conducting internal proceedings (if disputes arise between members);
- the possibility of signing international treaties and creating legal norms enshrined in binding documents;
- participation in interstate relations with the same rights as other entities;
- application of sanctions if participants evade obligations or refuse to fulfill joint agreements.
Criteria for recognizing an organization as international
International governmental and non-governmental organizations are created as a result of the signing of cooperation agreements. Therefore, to obtain “international” status, any organization must meet a range of criteria. And for each type they are different.
Intergovernmental ones involve independent states. Both the members of the organization and itself (as a single structure) must respect the sovereignty of the participating countries. The functioning of intergovernmental organizations takes into account the clauses of the constituent agreement. Such organizations have the rights of legal entities and a permanent organizational structure.
International non-governmental organizations differ from them in several ways. First of all, they have the opportunity to profit from projects. They may include companies, individuals, other organizations and unions, as well as states. International non-governmental organizations are financed through membership financial contributions. The status is most often defined as consultative with intergovernmental organizations.
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Educational questions: 1. Concept, classification, legal nature and structure of international organizations. 2. United Nations. 3. International conferences. 4. Other international organizations 5. Commonwealth of Independent States
Question No. 1. Concept, classification, legal nature and structure of international organizations. The law of international organizations is a set of rules governing the legal status, activities of international organizations, their interaction both among themselves and with other subjects of international law, as well as their participation in international law-making.
In the legal status of international organizations, three groups of legal norms are distinguished: * norms that constitute the “internal law” of international organizations; * norms that make up the “external law” of international organizations; * norms relating to the activities of international organizations in the process of international rule-making.
The rules of “internal law” determine the structure, competence of bodies, their functions, as well as activities in international issues related to the regime and labor relations of various categories of personnel, resolution of property, financial and other problems.
“External law” of international organizations refers to the arsenal of legal means by which international organizations ensure their status in the specific conditions of their location, their relations with states or other (including non-governmental) organizations, etc.
A special group consists of norms relating to the activities of international organizations in the process of international law-making. The forms of such activity are extremely diverse, but two stand out among them: the supporting role of resolutions of international organizations and the preparation of multilateral conventions.
The main feature of non-governmental international organizations is that they were not created on the basis of an international treaty and unite individuals and/or legal entities (for example, the Association of International Law, the League of Red Cross Societies, the World Federation of Scientists, etc.)
An international intergovernmental organization is an association of states established on the basis of an international treaty to achieve common goals, having permanent bodies and acting in the common interests of member states while respecting their sovereignty.
Classification: Based on the range of participants, international interstate organizations are divided into universal, open to the participation of all states of the world (for example, the UN), and regional, whose members can be states of one region (for example, the Organization of African Unity, the Organization of American States).
Based on the scope of issues addressed in decisions, interstate organizations are divided into organizations of general and special competence. Based on the nature of powers, interstate and supranational (supranational) organizations are distinguished. In accordance with the procedure for joining, organizations are divided into open (free entry and exit) and closed (admission to membership is carried out with the consent of the original founders).
The basis of the legal nature of international organizations is the presence of common goals and interests of member states, which is manifested in the coordination of their wills. The principle of sovereign equality of states is manifested in the contractual basis of the international organization; voluntary membership; in the main advisory nature of decisions of organizations; its interstate nature; maintaining the sovereignty and equality of states both within the organization and outside it.
Question No. 2. United Nations. The UN is a universal international organization created to maintain peace and international security and develop cooperation between states. The UN Charter was signed on June 26, 1945 at a conference in San Francisco and came into force on October 24, 1945.
Ban Ki-moon (Korean 반기 문, generally accepted Latin transcription - Ban Ki moon; born June 13, 1994 in Chushu, Japan, now Chungju, Republic of Korea) - the 8th Secretary-General of the UN, has held this position since January 1, 2007.
Question No. 3. International conferences. Depending on the entities involved, international conferences are divided into intergovernmental and non-governmental.
A modern intergovernmental conference is a temporary collective body of sovereign participating states created to achieve agreed goals. The goals and activities of any intergovernmental conference must comply with generally accepted principles of international law.
Based on the range of participants, intergovernmental conferences are divided into universal, in which any state in the world has the right to participate, and regional, in which the participants are states belonging to a certain region.
Intergovernmental conferences are convened either by international organizations (within the latter or under their auspices) or by initiating states. The convening of a conference within or under the auspices of an intergovernmental organization does not change its character as an independent international body ad hoc.
Depending on the purpose of convening, intergovernmental conferences are divided into peaceful, political, economic, diplomatic and mixed. Conferences are convened for the purpose of preparing and adopting international treaties, including statutes of intergovernmental organizations, discussing certain international problems, exchanging opinions and information, and developing recommendations.
Study question No. 4 Organization for Security and Cooperation in Europe Organization for Security and Cooperation in Europe, OSCE is a unique regional forum uniting the USA, Canada, almost all European countries and former Soviet republics, until 1994 known as the Conference on Security and Cooperation in Europe (CSCE).
The forerunner of the OSCE as an international organization proper was the Conference on Security and Cooperation in Europe, convened in 1973 at the initiative of the USSR to overcome tensions in relations between East and West. Its work involved the USA, Canada and most European countries with different political, economic and social systems.
The political significance of the OSCE lies primarily in its uniqueness compared to other international governmental organizations in Europe. It is practically the only European security organization directly involved in early warning, conflict resolution and post-crisis reconstruction in crisis regions, as well as preventive diplomacy, election observation, and environmental security in Europe.
The fundamental document of the CSCE/OSCE is the Helsinki Final Act, signed on August 1, 1975 by the USSR, USA, Canada and 33 European states. This document was intended to consolidate the existing “status quo” on the European continent and continue further movement along the path of détente in relations between the West and the East.
Current structures, institutions and budget of the OSCE The Permanent Council of the OSCE consists of representatives of the participating states and, in fact, is the main executive body of the OSCE. The Council meets once a week at the Hofburg Congress Center in Vienna to discuss the current state of affairs in the OSCE area of territorial responsibility and make appropriate decisions.
Like the Council, the Forum for Security Co-operation meets once a week in Vienna to discuss and make decisions on issues related to the military component of pan-European security. This is especially true for the Confidence and Security Measures. The Forum also deals with issues related to new security challenges and conflict resolution in the OSCE area of responsibility. In turn, the OSCE Economic Forum meets once a year in Prague to discuss economic and environmental problems affecting the security of participating countries.
During the existence of the CSCE/OSCE, 6 summits were held. The most significant were: Helsinki Summit (1975) Paris Summit (1990) Budapest Summit (1994) Istanbul Summit (1999)
Council of Foreign Ministers A kind of “substitute” for summits is the Council of Foreign Ministers (CMFA), which usually meets in those years when there are no Summits. The Council of Foreign Ministers also elects the OSCE Secretary General for a three-year term. Its main function is to provide organizational support to the Chairman-in-Office.
In practice, the OSCE is led by the Chairman-in-Office, who is re-elected every year and is the Minister of Foreign Affairs of one of the OSCE member countries. The Chairman is responsible for the direct implementation of decisions taken by the Council of Foreign Ministers and at the Summits.
Within the OSCE structures dealing with human rights issues, attention should be paid to the Office of the High Commissioner on National Minorities (The Hague). This unit deals with early warning of ethnic conflicts that threaten stability, peace on the continent and friendly relations between CSCE participating states.
Council of Europe. The main goal of the Council of Europe is to achieve greater unity among its 44 member states in promoting individual freedoms, political freedom and the rule of law, principles that underlie true democracy and concern all Europeans. All member states of the Organization have committed themselves to making freedom, human dignity and the well-being of their citizens the inviolable principles of their governments.
On May 5, 1949, ten countries - Belgium, Denmark, France, Ireland, Italy, Luxembourg, the Netherlands, Norway, Sweden and the United Kingdom - signed a treaty establishing the Council of Europe, headquartered in Strasbourg (France).
Three months later, Robert Schuman, as a representative of France, the country in which the headquarters of the Organization would be located, opened the first meeting of the Committee of Ministers.
The governing body of the Council of Europe is the Committee of Ministers. Each Council member state is represented on the Committee by its Minister of Foreign Affairs or a Permanent Representative with the rank of ambassador. The Committee deals with issues of the budget, admission of new states to the Council, and also makes decisions on the main directions of policy and activities of the Organization.
The Parliamentary Assembly is the driving force of the Council. At its session, delegations (about 600 deputies) representing the main political trends in national parliaments gather to discuss social problems and issues of international politics. The Assembly holds its plenary sessions in Strasbourg four times a year. Its work is prepared by special commissions.
The Congress of Local and Regional Authorities of Europe (CLRAE) consists of the Chamber of Local Authorities and the Chamber of Regions, where all member states are represented. He holds one session per year in Strasbourg. Its goal is to strengthen local democratic structures, especially in Eastern European countries that have embarked on the path of democracy.
Member states of the Council of Europe: Austria, Azerbaijan, Albania, Andorra, Armenia, Belgium, Bulgaria, Bosnia and Herzegovina, The former Yugoslav Republic of Macedonia, Hungary, Germany, Greece, Georgia, Denmark, Ireland, Spain, Italy, Cyprus, Latvia, Lithuania, Liechtenstein, Luxembourg, Malta, Moldova, Monaco, Netherlands, Norway, Poland, Portugal, Russia, Romania, San Marino, Serbia and Montenegro, Slovakia, Slovenia, United Kingdom, Turkey, Ukraine, Finland, France, Croatia, Czech Republic, Switzerland , Sweden, Estonia.
Study question No. 5. CIS Commonwealth of Independent States (CIS). This regional organization was created by a number of states from among the former republics of the USSR. Its constituent documents are the Agreement on the establishment of the Commonwealth of Independent States of December 8, 1991, signed in Minsk by Belarus, Russia and Ukraine, the Protocol to the agreement, signed on December 21, 1991 in Alma Ata by 11 states (all former republics of the USSR, except the Baltic and Georgia), and the Alma Ata Declaration of December 21, 1991. At a meeting of the Council of Heads of State of the CIS in Minsk on January 22, 1993, the Charter of the Commonwealth was adopted (on behalf of Armenia, Belarus, Kazakhstan, Kyrgyzstan, Russia, Tajikistan and Uzbekistan). Came into force one year after adoption.
The CIS Charter provides for a rather complex structure. The highest body of the Commonwealth is the Council of Heads of State (CHS), in which all member states are represented at the highest level (Article 21). The Council of Heads of Government (CHG) coordinates the cooperation of executive authorities of CIS members in economic, social and other areas of common interests (Article 22). The third body in the structure of the CIS is the Council of Ministers of Foreign Affairs (CMFA), which operates on the basis of decisions of the CIS and the CPS (Article 27).
The CIS Charter also provides for a number of bodies within the structure of the Council of Heads of State. This is the Council of Defense Ministers, which is the body of the Council of State Council on issues of military policy and military development of member states. A special position in the structure of the Commonwealth is occupied by the Economic Court, whose task is to ensure the fulfillment of economic obligations within the Commonwealth. The Human Rights Commission is an advisory body to the Commonwealth designed to monitor the implementation of the human rights obligations undertaken by member states within the Commonwealth.
1. Concept, characteristics, legal personality of international organizations.
2. Types of international organizations.
3. UN: system of bodies, functions, powers. UN specialized agencies.
5. Regional organizations.
6. European Union. Legal nature of EU acts.
Concept, characteristics, legal personality of international organizations.
Modern international relations are characterized by a constant expansion of the spheres of interaction between states, therefore all new relations become the subject of international legal regulation. One of these relatively new organizational and legal forms of interstate cooperation are international organizations. This is one of the main institutional forms of cooperation between states; they act as the main organizer of interstate communication.
The particular importance of the activities of international organizations, their role in discussing and resolving the most complex issues of international relations has necessitated the emergence of a separate branch in international law - the law of international organizations. And the norms are predominantly norms of a contractual nature, namely the law of organizations - one of the most codified branches of international law. The sources of the field of law of international treaties are 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, constituent documents international organizations, etc.
However, despite the fact that international organizations are derivative subjects of international law, having an independent will, different from the simple aggregate of the will of the states that participate in the organization, their will, unlike the will of states, is not sovereign. Thus, the law of international organizations forms a set of rules regulating the legal status, activities of an organization, its interaction with other subjects of international law, and participation in international relations.
International organization- this 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 spheres, has the necessary system of bodies and the corresponding legal status.
At the same time, the comprehensive features and characteristics inherent in international organizations as subjects of international law, based on the text, in particular, the Vienna Convention on the Representation of States in Their Relations with International Organizations of a Universal Character of 1975, are difficult to determine. This theoretical problem was most deeply developed by the Russian researcher A. Shibaeva, who formulated five features (elements) that make up the concept of an international organization:
a. contractual basis;
b. presence of certain goals;
c. appropriate organizational structure;
d. independent rights and obligations;
e. grounds and activities in accordance with international law and the like.
In our opinion, it is advisable to dwell on a detailed analysis of these and other characteristic features of any international organization:
Membership of three or more states. If there are fewer states, a group of states or associations arises, but not an international organization, created for the purpose of collectively solving certain problems;
Respect for the sovereignty of member states of the organization and non-interference in internal affairs. This feature is the main functional feature of an international organization that in the process of its activities all states that are members of the organization have equal rights and bear equal responsibilities as subjects of international law, regardless of the size of their territory, population, level of economic development and other characteristics states. Intervention in the internal affairs of a member state of an organization is not permitted, except in cases where such state has violated international obligations undertaken within the framework of this organization in accordance with its statutory provisions;
Establishment in accordance with international law. This feature has a constitutive meaning that any international organization must be created on a legal basis. This means, first of all, that the founding document of the organization must comply with generally accepted principles and norms of international law, and above all the principles of jus cogens. If an international organization was created unlawfully or its activities contradict international law, then the constituent act of such an organization must be declared unlawful and its action suspended as soon as possible;
Creation on the basis of an international treaty. Typically, international organizations are created on the basis of an international treaty (charter, convention, agreement, protocol, etc.). The object of such an agreement is the behavior of the parties to the agreement, the international organization itself. The parties to the constituent act of an international organization are sovereign states, although in recent years intergovernmental organizations have also become full participants in international organizations. In general, the constituent act of an organization, rules of procedure, financial rules and other documents together constitute the internal law of an international organization;
Having certain goals. International organizations are created to coordinate the efforts of states in a particular sector, for example, political (OSCE), military (NATO), scientific and technical (European Organization for Nuclear Research), economic (European Union), monetary and financial (International Bank for Reconstruction and development, International Monetary Fund), a (International Labor Organization), in the field of medicine (World Health Organization) and other areas. At the same time, in the international arena there are organizations authorized to coordinate the activities of states in almost all areas, for example the UN, etc. Thus, international organizations, along with other forms of international communication (multilateral consultations, conferences, meetings, seminars, etc.) act as a body for cooperation on specific problems of international relations;
Relevant organizational structure (permanent bodies and headquarters). This feature characterizes the institutional structure of an international organization, which demonstrates and confirms the permanent nature of the organization and distinguishes it from numerous other forms of international cooperation. In practice, this feature is manifested in the fact that intergovernmental organizations have headquarters, members represented by sovereign states and the necessary system of main (main) and subsidiary bodies. Usually the highest body of the organization is a session (assembly, congress), which is convened once a year (sometimes once every two years). The executive bodies are the council, the administrative apparatus is headed by the executive secretary (general director) of the organization. Almost all organizations have permanent or temporary executive bodies with different legal status and competence;
Availability of rights and obligations of the organization. A feature of the competence of an international organization is that its rights and obligations are derived from the rights and obligations of member states. Thus, no organization without the consent of its member states can resort to actions affecting the interests of its members. The rights and obligations of any organization are enshrined in a general form in its constituent act, resolutions of supreme and executive bodies, and agreements between organizations. These documents establish and consolidate the intentions of the member states and their will regarding the boundaries and spheres of activity of the international organization, which must be implemented by them in the future. States also have the right to prohibit an organization from resorting to certain actions, and the organization cannot exceed its powers;
Independent international rights and obligations of the organization. Despite the fact that an international organization is endowed with rights and responsibilities by member states, in the course of its activities it acquires its own rights and responsibilities that are different from others. Thus, we are talking about the emergence of an autonomous will in an international organization, different from the will of the member states
Establishing the procedure for making decisions and their legal force. This sign indicates that within the framework of an international organization, decisions are made according to a specially developed procedure. Each of the international intergovernmental organizations has its own rules of procedure. In addition, the legal force of decisions taken within the framework of an international organization is established by the member states of the international organization themselves.
So, it should be noted that the legal personality of any international organization is determined by those specific tasks and goals that are established by states in the constituent act that creates the organization. In this regard, each international organization has its own, unique range of rights and obligations, that is, each international organization has its own scope of legal personality.
The issue of the international legal personality of international organizations is becoming increasingly relevant due to the constant growth in their number and the strengthening of their role in solving international problems. In practice, international organizations become universal structures within which states collectively resolve the most important issues of international life.
However, an international organization cannot be considered as a simple sum of member states or as their authorized, collective body. In order to fulfill its statutory role, an organization must have a distinct legal personality, distinct from the mere summation of the legal personality of its members.
The recognition of international organizations as a subject of international law is evidenced by many facts. This is, in particular, their participation in the activities of other international organizations; the right to participate in the creation of norms of international law (law-making process within the framework of an international organization); concluding agreements between themselves of a general (on cooperation) or specific nature (on the implementation of individual activities). These can be agreements of public law, private law or a mixed nature. The right to conclude such agreements is provided for in Art. 6 of the Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations, 1986.
As noted earlier, such a right (the ability to create norms of international law) is one of the main criteria of international legal personality, is one of the characteristic features of a subject of international law and at the same time necessary for performing the functions and achieving the goals of international organizations.
In accordance with the constituent acts, all intergovernmental organizations are legal entities within which the rules of procedure and other administrative rules adopted by them apply. For example, an organization has the right to demand an explanation from its member if he does not comply with recommendations regarding its activities. Finally, it can deprive the vote of any member who has arrears on deposits, etc.
Rozhinskaya V.P.
Scientific adviser: teacher Smal A.F.
INTRODUCTION…………………………………………………………….3
1. CONCEPT, TYPOLOGY AND HISTORY OF INTERNATIONAL ORGANIZATIONS, THEIR IMPORTANCE IN THE MODERN WORLD. ……………………………….……………………..5
2. LEGAL NATURE OF INTERNATIONAL ORGANIZATIONS 18
3. PROCEDURE FOR CREATION AND TERMINATION OF INTERNATIONAL ORGANIZATIONS…………………………………………………….21
CONCLUSION……………………………………………………….……26
LIST OF SOURCES USED………………………..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 was 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 continues - multipolar and unipolar. The role of the military-power 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 their approaches to ensuring international and national security.
The international community faces many challenges today. In the context of globalization, under the influence of which all aspects of the life of human society are changing, new economic opportunities are emerging for the development of new countries and peoples. At the same time, the process of regional integration is strengthening. Awareness by the world community of the need to find solutions to problems on issues of both international security and terrorism, and social issues, attracts the attention of all countries of the world. Therefore, the need to increase the effectiveness, relevance, 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 main means of communication and cooperation between states in a wide variety of fields.
Object of study is the law of international organizations as a branch of international law.
Subject of research The course work deals with the history of development, concept, characteristics, functions, typology, procedure for the creation and termination of the activities of international organizations.
Purpose of the study is to show the importance of international organizations as a means of interaction between different countries and peoples.
Research objectives is determined by the purpose of the study, and consists of 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 there are formally - legal and specifically - sociological methods.
The formal legal method is used in defining legal concepts, their characteristics, and interpreting the content of legal norms relating to international organizations.
Using a specifically sociological method, data on the number of international organizations in different periods of their development was obtained.
Brief description of specialized literature on the topic. Many works are devoted to the study of 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. Matzel, 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.
Coursework structure includes a 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. CONCEPT, TYPOLOGY AND HISTORY OF INTERNATIONAL ORGANIZATIONS, THEIR IMPORTANCE IN THE MODERN WORLD.
One of the forms of interstate cooperation is international organizations.
International law has formed a fairly large array of rules governing the formation and activities of international organizations. The quality and scope 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 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 ones, reflecting the specifics of individual groups and organizations.
The law of international organizations consists of two groups of international norms, forming the “internal law” of the organization (the rules governing the structure of the organization, the competence of its bodies and operating procedures, the status of the personnel) and the “external law” of the organization (the norms 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:
Constitutive acts of international organizations (charter, charter, constitution, statute, convention, pact),
International treaties and agreements (Vienna Convention on the Representation of States in their Relations with International Organizations of a Universal Character of 1975, Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations of 1986),
International legal custom,
Rules of procedure, personnel 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 should be understood 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 “relating 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 give a harmonious appearance, I arrange.” An organization is a collection 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 programmatic 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 and lawyer 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 duties 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 a 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 specifies that “... the organization consists of sovereign states and has the competence to negotiate, conclude and apply international agreements.”
There is a historical difference between the modern understanding of international organization and the interstate alliances that previously arose 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, concepts such 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 nature to achieve certain goals, having legal status, permanent bodies and acting in the common interests of the member states of this organization.