The structure of international organizations in international law. Law of international organizations
¦ According to their legal nature and their role in international relations, international organizations are divided into intergovernmental, interparliamentary And non-governmental;
¦ according to areas of activity they distinguish are common organizations (UN) and special organizations (ICAO, IMCO, Interpol Eurojust, etc.);
¦ according to the number of participants, international organizations are divided into universal(UN) and regional(CIS, European Union, League of American States, etc.).
International intergovernmental organizations(IMOs) are created to achieve certain goals in certain areas of international relations. Such international organizations cannot be equated with sovereign states. They are derivative subjects of international law. Their emergence and liquidation depend on the will of the states creating them, which is expressed in the constituent act; it also establishes the rights and obligations of the international organization, as well as its goals, objectives and competence. Officially appointed representatives and delegations participate in the activities of all bodies of international and intergovernmental organizations; A number of organizations have special representations of states. Since the participants in international organizations are sovereign states, they cannot acquire a supranational character.
International non-governmental organizations(INGOs) are any international organizations not established on the basis of intergovernmental agreements. Such organizations have a number of rights and obligations: they can enter into contracts for the hiring of personnel, own movable and immovable property, and act in judicial and arbitration bodies. Some of them have consultative status in the UN system. Two categories of such status have been established: Category I (general consultative status) is granted to those INGOs that are associated with most of the activities of the UN Economic and Social Council (ECOSOC) and can make a permanent and significant contribution to the activities of the UN (World Federation of Trade Unions, Inter-Parliamentary Union, etc. .); Category II (special consultative status) is granted to INGOs that have special competence only in certain types of ECOSOC activities (International Association of Democratic Lawyers, International Organization of Journalists, etc.). INGOs are a broad and massive anti-war movement in which people of different social status, political views and ideological beliefs are active.
The legal nature of international organizations consists of international agreements (constitutive acts) on the creation of such organizations. These agreements regulate issues of competence, membership, decision-making procedures and other conditions. The activities of international organizations in relation to a specific participating state are determined by the national legislation of that state and the nature of its political integration in the system of international relations.
United Nations(UN) occupies a central place in modern international relations. The Soviet Union played a decisive role in its creation. The UN was formed during the struggle of peoples against fascism. The first international agreement that put forward the idea of creating an international organization for the maintenance of international peace was the Declaration of the Soviet Union and Poland of December 4, 1941, which spoke of the need to create an international organization based on respect for international law, supported by the collective armed force of all states This idea received the approval of the allied states, which signed the Declaration of the United Nations on January 1, 1942 (hence the name for this international organization).
The next step towards the creation of the UN was the Moscow Conference of the Foreign Ministers of the USSR, USA and England (October 19–30, 1943). The adopted declaration expressed the need to establish, as soon as possible, a general international organization for the maintenance of international peace and security, based on the principle of sovereign equality of all peace-loving states, of which all such states, large and small, can be members. In accordance with the Moscow Declaration, on August 21, 1944, a conference was held to develop the Charter of the future international organization, at which proposals on the Charter, structure, and functions of the main bodies of the UN were mainly agreed upon.
At the Crimean Conference (February 1945), agreements were reached on the voting procedure in the Security Council and on the composition of the initial members of the future organization, and a decision was made to convene an international conference on April 25, 1945 to adopt the UN Charter. Its work was attended by 50 states, and it ended with the signing of the UN Charter on June 26, 1945. After its ratification and the delivery of instruments of ratification by the five permanent members of the Security Council and the majority of other states, the UN Charter, which is the greatest normative act of all time, came into force October 24, 1945
The purposes of the UN are enshrined in Chapter I of the UN Charter, which contains two articles: the first enshrines the purposes, the second – the principles of the UN. Thus, the UN Charter considers the purposes and principles in a close, indissoluble connection. The first purpose of the UN is to maintain international peace and security. To achieve this goal, states have committed themselves to take effective collective measures to prevent and eliminate threats to the peace and suppress acts of aggression and other violations of the peace. The second goal of the UN is to develop friendly relations between peoples, that is, not only to prevent acts of aggression and situations dangerous to the world, but also to implement a broad program for the development of cooperation between UN members. The third goal of the UN is to be a center for international cooperation in economic, social, cultural, humanitarian and other fields. The goals of the UN correspond to the basic principles by which both the organization itself and its members must act. These principles specify, clarify goals and determine ways and methods of achieving them.
Membership in the UN, according to Art. 4 of the UN Charter, is open to all peace-loving states that accept the obligations contained in the Charter and are able and willing to fulfill these obligations. Admission to the UN is carried out by a decision of the General Assembly on the recommendation of the Security Council (Article 4, paragraph 2), adopted by the votes of at least nine members of the Security Council, including the concurring votes of its permanent members; the decision of the General Assembly is made by a two-thirds majority of the UN members present and voting (Article 18, paragraph 4). States that systematically violate the UN Charter may be expelled from the UN by a decision of the UN General Assembly on the recommendation of the Security Council (Article 6).
The UN budget is made up of membership fees from states. General UN expenditures are determined by the Administrative and Budgetary Committee and approved by the UN General Assembly. General Assembly resolutions on budgetary matters are approved by a two-thirds majority and are legally binding on UN member states. Once the budget is approved, its revenue is distributed among member states in accordance with the scale of assessments. In addition to the regular budget, replenished by membership dues, the UN receives voluntary contributions from other sources.
UN structure, according to Art. 7 of the organization’s Charter, includes main and subsidiary bodies. The latter are created by the main bodies as needed. The main bodies of the UN are the General Assembly, the Security Council, the Economic and Social Council (ECOSOC), the Trusteeship Council, the International Court of Justice, and the Secretariat.
UN General Assembly consists of representatives of all UN member states. It organizes its work by meeting annually at sessions. Special sessions may also be convened at the request of the Security Council or a majority of UN members. In the event of an act of aggression against one of the UN members, at the request of the Security Council or a majority of UN members, an emergency special session may be convened within 24 hours. The General Assembly performs its functions during sessions through seven main committees: the Committee on Political and Security Affairs; special committee; Committee on Economic and Financial Affairs; Committee on Special, Humanitarian and Cultural Issues; Committee on Trusteeship and Non-Self-Governing Territories; Committee on Administrative and Budgetary Affairs; legal affairs committee. To coordinate the work of the committees, a General Committee is created consisting of the Chairman of the Assembly, his seventeen deputies and the chairmen of the seven main committees.
As the main body of the UN, the General Assembly has the authority to discuss any issues related to the powers of any of the UN bodies and make recommendations to UN members and the Security Council (UN Charter, Art. 10). The General Assembly is empowered to: consider the general principles of international cooperation in the maintenance of peace and security and make recommendations; conduct research and make recommendations with a view to promoting international cooperation in the political field, the development of international law and its codification, the implementation of human rights and fundamental freedoms and the promotion of international cooperation in the economic, social, cultural, educational and health fields (Article 11).
The General Assembly receives and considers annual and special reports of the Security Council, as well as reports of other main organs. The powers of the General Assembly are limited, subject to the special powers of the Security Council. One such limitation is the disputes in respect of which the Security Council exercises the functions assigned to it by the UN Charter; any matter on which a decision on action needs to be taken is referred by the General Assembly to the Security Council before or after its discussion (Article 11). Another category of powers of the General Assembly concerns the admission of new members to the organization, exclusion from UN membership, elections: non-permanent members of the Security Council, the Secretary General, members of ECOSOC, the Trusteeship Council, and the International Court of Justice. The General Assembly reviews and approves the UN budget.
Each UN member has one vote in the General Assembly. Decisions on important issues (elections of non-permanent members of the Security Council, members of ECOSOC, the International Court of Justice, the Secretary-General, admission to the UN and expulsion from the UN) are made by a two-thirds majority of the members of the Assembly present and voting. Decisions on other issues are made by a simple majority of members present and voting. Decisions (recommendations) adopted on such issues do not legally bind UN members. However, not a single UN member state can ignore the moral force of these resolutions as an expression of the opinion of the majority of states in the world. When assessing the legal force of resolutions of the UN General Assembly, one should keep in mind not their legal form, but their political significance for the international community, their influence on the domestic and foreign policies of individual states. Some resolutions of the General Assembly that are of decisive importance for the preservation of peace and adopted unanimously (consensus) are binding on all countries (for example, resolution No. 3314 of December 14, 1974, “Definition of Aggression”).
Security Council occupies a special place in the system of main UN bodies, which is determined by the nature of its powers. To ensure prompt and effective action, the Security Council has primary responsibility for the maintenance of international peace and security; UN member states have agreed that in the performance of these duties arising from such responsibilities, the Security Council acts on their behalf (Article 24). It is organized in such a way as to function continuously. For this purpose, each of its members must always be represented at UN headquarters. On January 31, 1992, a summit meeting of the Council was convened for the first time with the participation of heads of state and government and foreign ministers. The Council can hold its meetings not only at UN headquarters. Thus, in 1972 it met in Addis Ababa (Ethiopia), in 1973 in Panama (Panama).
The nature of the powers of the Security Council left its mark on its composition, functions, procedures and method of decision-making. Unlike the General Assembly, the Security Council is a permanent main body. The UN Charter proceeds from the fact that the Security Council must ensure the speed and effectiveness of UN actions (Article 24, paragraph 1). To this end, the Security Council is organized in such a way that it can function continuously (Article 28). Each member of the Security Council has a permanent representative at the seat of the UN; these representatives alternately (for one month) serve as chairman of the Security Council.
The Security Council is small in composition. It includes 15 states, of which 5 are permanent members - Russia, the USA, England, France and China and 10 are non-permanent, elected by the UN General Assembly for a term of two years without the right of immediate re-election. The permanent members of the Security Council bear the main burden of responsibility for the destinies of mankind.
The special role of the Security Council is also manifested in its decision-making. In accordance with Art. 25 of the UN Charter, states have undertaken the obligation to obey and implement the decisions of the Security Council. Issues discussed in the Security Council are divided into procedural and non-procedural. Decisions on non-procedural issues are considered adopted if at least 9 members of the Security Council vote for them, including the concurring votes of all permanent members. The principle of unanimity (“the veto rule”) of the permanent members of the Security Council excludes the possibility of the UN turning into an instrument of pressure for one state or group of states and serves to implement the principles of peaceful coexistence of all states, which is the most essential guarantee of peace.
On procedural issues, a decision is considered adopted if at least 9 members of the Security Council vote for it.
The Security Council is vested with great powers in the peaceful resolution of disputes between states. These powers are enshrined in Chapter VI of the UN Charter. So, according to Art. 33, the Security Council may require the parties to resolve their dispute by peaceful means listed in this article; The Security Council can itself investigate any dispute or any situation that may lead to international friction (Article 34), as well as recommend a procedure or methods for resolving the dispute (Article 35). Decisions to resolve a dispute are made by a minimum of nine votes, including the concurring votes of all permanent members. If a permanent member of the Security Council is involved in the dispute, he will abstain from voting.
According to Chapter VII of the UN Charter, the Security Council is empowered to determine the existence of any threat to the peace, any breach of the peace or act of aggression, and to decide on the adoption of measures to maintain or restore international peace. Only the Security Council has the power to take enforcement action aimed at maintaining or restoring peace.
The Security Council may take measures not related to the use of armed forces, including the complete or partial interruption of economic relations, railway, sea, air, postal, telegraphic, radio or other means of communication, as well as the severance of diplomatic relations (Article 41). If these measures prove insufficient, the Security Council may take action by air, sea or land forces to maintain or restore international peace and security (Article 42).
UN Armed Forces – These are contingents of the armed forces of UN member states placed at the disposal of the Security Council to maintain or restore international peace and security in cases of threats to peace, violations of the peace and acts of aggression. The UN armed forces act only in exceptional cases when other measures have proven insufficient.
The creation of the UN Force is the exclusive right of the Security Council; he also has exclusive competence in resolving all issues related to the creation and functioning of such forces, including strategic and tactical leadership, composition, strength, structure, command, equipment, supplies and financing. All decisions concerning the UN Armed Forces are taken by the Security Council only with the unanimity of all its permanent members.
According to the UN Charter, the Security Council must be provided with armed forces in the form of national contingents (Articles 44, 45) on the basis of an agreement between the Security Council and a UN member state that has agreed to allocate its troops at the disposal of the Security Council (Article 43). Such an agreement should determine the number and type of troops, the degree of their readiness, and the nature of the services and assistance provided. The agreement is approved by the Security Council and ratified by the signatory state. When forming the UN Armed Forces, the principle of equitable geographical representation is taken into account, providing for the participation in these forces of armed contingents from countries of all regions of the world.
When placed at the disposal of the Security Council, troop contingents retain their national status: they are subject to discipline in accordance with their regulations; They are headed by commanders appointed by the authorities of the relevant state. Consequently, the UN does not have its own armed forces and cannot create them, but uses the military potential of members of the world community.
All issues related to the organization of the UN Armed Forces, as well as their command, are within the competence of the Security Council. The strategic leadership of such troops is intended to be carried out by the Military Staff Committee (MSC) under the leadership of the Security Council. According to Art. 47 of the UN Charter, the MSC consists of the chiefs or representatives of the headquarters of the permanent members of the Security Council, as well as the working apparatus.
When creating the UN Armed Forces, the issues of supply, providing them with various types of equipment, transport and other assistance, including financial, are of great importance. All these issues are regulated by agreements concluded in accordance with Art. 43 of the UN Charter. The procedure for financing the UN Armed Forces, as well as the total amount of expenses and the scale of contributions are established by the UN General Assembly.
In history, there have been attempts to circumvent the provisions of the UN Charter by eliminating the exclusive competence of the Security Council to create the UN Armed Forces and vesting such competence in the UN General Assembly. For example, in 1950, in connection with the aggression against the DPRK, the so-called UN Armed Forces were created on the basis of a resolution of the UN General Assembly that did not have these powers.
Since 1948, the UN Security Council has organized more than 50 peacekeeping operations. Peacekeeping was originally conceived as a means of resolving interstate conflicts and involved the deployment of military personnel from a number of countries under UN command to contain and resolve armed conflicts. Currently, peacekeeping activities are increasingly carried out in connection with intrastate conflicts. The range of tasks performed by the UN Armed Forces is wide: from the peaceful separation of warring parties to assisting them in peaceful cooperation. This means assisting in the implementation of peace agreements, monitoring ceasefires, creating buffer zones and political institutions, working with governments, non-governmental organizations and local citizens' associations to provide emergency assistance, demobilization of military personnel and their reintegration in the life of civil society, demining territories, organizing and holding elections and promoting the establishment of a peaceful life.
Although the UN Charter makes no mention of peacekeeping operations, the Security Council has primary responsibility for maintaining international peace and security. The Council establishes peacekeeping missions and determines their mandate. The council's five permanent members - China, Russia, Britain, the United States and France - can veto any decision related to peacekeeping operations. The Secretary General directs and manages these operations and reports to the Council accordingly. Through the Department of Peacekeeping Operations, the Secretary-General develops policies and procedures and makes recommendations regarding the establishment of new and the operation of existing missions.
Members of UN peacekeeping missions do not swear allegiance to the UN. Governments that volunteer military and civilian personnel clearly define the terms of their participation in peacekeeping operations. Governments retain final say in matters (including disciplinary and personnel matters) relating to the use of their military contingents that serve under the UN flag. Participants in peacekeeping operations wear national military uniforms. To indicate that they are part of the peacekeeping force, they also wear blue berets or helmets and insignia with the UN emblem. Military personnel participating in peacekeeping operations receive remuneration from the governments of their countries in accordance with national legislation. The UN reimburses countries that volunteer troops for peacekeeping operations at a flat rate. The UN also compensates countries for property, weapons and equipment made available to UN missions.
All UN member states share the risks associated with maintaining peace and security. Since 1948, 123 states have provided personnel at various times. As of 2000, 89 countries contributed military and civilian police personnel, numbering approximately 38,000. The most numerous contingents were provided by: India - 4460 people, Nigeria - 3441, Jordan - 3400, Bangladesh - 2394 and Ghana - 1894. The small island state of Fiji took part in almost all UN peacekeeping operations; the same can be said about Canada. States that are not members of the UN also contribute to peacekeeping activities by providing funds, medical equipment and personnel, etc.
Enforcement actions legally unequal to UN peacekeeping operations. They are traditionally carried out with the consent of the warring parties and involve the deployment of peacekeeping operations to implement agreements reached by these parties. In the case of enforcement actions, the Security Council authorizes UN member states to take all necessary measures to achieve the stated goal. In this case, the consent of the parties is not necessary. In the history of the UN, coercive measures have been taken only a few times: during the wars in the Persian Gulf, Somalia, Rwanda, Haiti, Bosnia and Herzegovina, Albania and East Timor. These operations were not carried out under UN command. They were led by any one country or group of countries. For example, the international force authorized by the Security Council to deploy to East Timor in 1999 was led by Australia and included troops from 22 UN member states. In Bosnia and Herzegovina, a NATO-led multinational force replaced the UN peacekeeping mission in 1995. In June 1999, the Security Council authorized an international security presence in Kosovo; it is carried out under the leadership of NATO and jointly with the UN peacekeeping mission.
In accordance with Art. 41 of the UN Charter, the Security Council may require UN member states to apply sanctions - measures not related to the use of armed forces, to maintain or restore international peace and security. Referring to Chapter VII of the UN Charter, the Security Council imposed such sanctions against Angola, Afghanistan, Haiti, Iraq, Liberia, Libya, Rwanda, Somalia, Sudan, Sierra Leone, Eritrea and Ethiopia, South Africa, the former Yugoslavia and Southern Rhodesia. As the crises were resolved, the sanctions imposed were completely lifted.
In this way, the Security Council can play an effective role in preserving peace. “For all its shortcomings, the Security Council remains an indispensable instrument in moments of acute international crises, a place where rapid developments can be slowed down and a way to avoid fatal confrontation can be found.”
Economic and Social Council(ECOSOC) is the main body coordinating the economic and social activities of the UN and specialized agencies and organizations. It organizes research, compiles reports and makes recommendations on international issues in the economic and social fields, in the fields of culture, education, health, world trade, natural resource development, international protection of human rights and freedoms, population, crime prevention, etc. ECOSOC coordinates activities specialized institutions. It consists of 54 members, one third of whom are re-elected annually by the UN General Assembly for three years. According to established practice, permanent members of the Security Council are re-elected to ECOSOC for each consecutive term.
The highest body of ECOSOC is a session that convenes twice a year. Each member of the Council has one vote. ECOSOC decisions are made by a simple majority of votes. The bodies of the Council are three sessional committees - economic, social and coordination. The Council has many subsidiary bodies. Under the leadership of ECOSOC there are 5 regional economic commissions: for Europe, Western Asia, Latin America and the Caribbean, Africa, Asia and the Pacific.
Consider the activity Guardianship Council. The trusteeship system was extended to some territories previously under the mandate of the League of Nations, as well as to territories seized from enemy states as a result of World War II. In total, 11 territories were under international trusteeship. After the adoption of the Declaration on the Granting of Independence to Colonial Countries and Peoples (1960), these territories became independent states. Currently, there is no territory under UN trusteeship. The Trusteeship Council suspended its work on November 1, 1994, after the last remaining trust territory, Palau, gained independence.
Secretariat– a permanent administrative organ of the UN, which consists of the Secretary-General and the staff appointed by him. Secretary General – Chief administrative officer of the UN, appointed by the General Assembly on the recommendation of the Security Council for a term of 5 years. The Secretariat operates under the leadership of the General Assembly, and in some cases under the control of the Security Council, and performs mainly administrative and technical functions for servicing the UN; he is also entrusted with responsibilities for drawing up and executing the budget, collecting contributions, and coordinating the socio-economic activities of the UN and its specialized agencies.
Thus, the United Nations occupies a vital place in the system of international relations as a center for cooperation between sovereign independent states. Russia has always viewed the UN as an effective instrument of peace. “The main center for regulating international relations in the 21st century. the United Nations must remain. Russia will resolutely oppose attempts to diminish the role of the UN and its Security Council in world affairs.”
Regional organizations Unlike the UN, which is called upon to ensure peace and security for its members, they solve local problems. The UN Charter allows the creation of regional international organizations on issues of maintaining international peace and security, provided that their activities comply with the goals and principles of the UN (Article 52). Regional international organizations are built on generally accepted principles of international law. The basis for the legitimacy of a regional organization is its compliance with the UN Charter, which requires the states parties to a regional agreement to make every effort to achieve a peaceful resolution of local disputes (Article 52, paragraph 2).
The purpose of regional collective security organizations is the same as that of universal ones: maintaining international peace and security. To achieve this goal, regional collective security systems specify and direct their activities so that, taking into account the specific characteristics of a given geographical area, they more effectively use all the means available to the states of this area to preserve and strengthen peace. The scope of their activities is limited. Firstly, regional organizations are not competent to make any decisions on issues affecting the interests of all states of the world, or the interests of states belonging to other regions; secondly, participants in a regional agreement have the right to resolve only such issues that are suitable for regional action (Article 52).
Considering the goals of regional organizations, the UN Charter defines the means that these organizations can use to achieve these goals. Art. 52 instructs the Security Council to encourage the resolution of disputes between states of the same region with the help of regional organizations, and the states themselves, before referring a dispute to the Security Council, must try to resolve it within the framework of a regional agreement. The Security Council can use regional organizations to carry out enforcement measures under its leadership. Regional organizations themselves cannot apply any coercive measures without a decision of the Security Council. Regional organizations can use coercive measures only to repel an attack that has already been committed against one of the participants in the regional collective security system.
Regional organizations are the Commonwealth of Independent States, the Organization of African Unity and the League of Arab States.
Organization of African Unity(OAU) is an interstate political regional organization created in May 1963. The OAU includes 51 African states; It consists of representatives of the national liberation movements of Namibia and the Republic of South Africa as observers. The goals of the OAU are:
¦ strengthening the unity of African countries;
¦ coordination and development of comprehensive cooperation;
¦ protection of the sovereignty, territorial integrity and independence of the countries of the continent. To achieve these tasks, OAU members have committed themselves to coordinating their actions in the fields of foreign policy, economics, science and technology, defense and security, education, culture and health care.
The activities of the OAU are based on generally accepted principles of international law. The main bodies of the OAU include the Assembly of Heads of State and Government (meeting once a year), the Council of Ministers of the OAU (meeting twice a year), and the General Secretariat (a permanent administrative body). In addition, the OAU has commissions: on economic and social issues; on issues of education, science, culture and health; on defense issues.
Arab League(LAS) is a regional organization founded on March 22, 1945. Its members include 21 states and the Palestine Liberation Organization (PLO). LAS goals:
¦ strengthening relations between member states of the organization and coordinating their political activities;
¦ implementation of comprehensive cooperation in the field of economics, culture, finance, transport, and citizenship issues;
¦ protection of the independence and sovereignty of the participating countries;
¦ return of Arab territories occupied by Israel;
¦ realization of the rights of the Arab people of Palestine.
The highest body of the Arab League, the Council, consisting of heads of state and government, convenes at sessions twice a year. During breaks between sessions, the activities of the Arab League are led by the Secretary General, elected for a five-year term. Council decisions are binding only on those states that voted for them. The military organization of the Arab League also has its own cooperation bodies: the Joint Defense Council, composed of foreign ministers and defense ministers; A permanent military committee of representatives of the main headquarters, developing defense plans; Permanent Military Secretariat.
Organization of American States(OAS) was created on April 30, 1948. Members of the OAS are 35 states of America and the Caribbean. The highest body of the OAS is the General Assembly, convened once a year and determining the directions of the activities of the OAS; The permanent body of the OAS is the General Secretariat. The structure of the organization includes the Economic and Social Council and the Council for Education, Science and Culture. The highest military advisory body of the OAS is the Defense Council. The objectives of the OAS, according to the Charter, which came into force in February 1970, are:
¦ maintaining peace and security in the Western Hemisphere;
¦ settlement of disputes between member states of the organization;
¦ development of cooperation in economic, political, social, scientific, technical and cultural fields.
International organizations have been and remain an instrument of political confrontation between states for their vital interests. Thus, the United States used the OAS as an instrument of its economic and political hegemony in the Western Hemisphere. Under US pressure, Cuba was expelled from the OAS in 1962, in 1954 the OAS supported the American occupation of Guatemala, in 1964 - Panama, in 1965 - the Dominican Republic, in 1983 - Grenada.
In modern conditions, Russia advocates further reducing the role of the factor of force in international relations while simultaneously strengthening strategic and regional stability. Being ready for a substantive dialogue on improving the legal aspects of the use of force in international relations in the context of globalization, Russia proceeds from the fact that the search for forms of response of the international community to various acute situations, including humanitarian crises, must be carried out collectively, on the basis of strict adherence to the norms of international law.
North Atlantic Treaty Organization(NATO) was created on the basis of a treaty signed on April 4, 1949 in Washington. NATO members are 26 states, 20 maintain partnerships with it and are not part of its military organization (according to 2001 data). Article 5 of the treaty states that in the event of an armed attack on one or more of its participants, other NATO members will immediately provide whatever assistance they deem necessary, including the use of armed force. Art. 4 of the treaty provides for consultations between the parties whenever the territorial integrity, political independence or security of any of the parties is threatened. The admission of new members to the North Atlantic Alliance is carried out in accordance with Art. 1° of the North Atlantic Treaty, which states that other European states capable of developing the principles of the treaty and contributing to the security of the North Atlantic region may be invited to join the alliance. Thus, in recent years, Hungary, Poland, the Czech Republic, Bulgaria, Latvia, Lithuania, Romania, Slovakia, Slovenia and Estonia have become NATO members. The North Atlantic Treaty states that each country undertakes to contribute to the development of peaceful and friendly international relations in various ways, including strengthening its free institutions and developing conditions for stability and prosperity. The treaty also provides for efforts to eliminate conflicts in the international economic policies of member states and develop cooperation between them.
The NATO Council session is the highest political body, convened twice a year at the level of the ministers of foreign affairs, defense, finance and economics. During the break between sessions, the NATO Permanent Council functions. Current work is carried out by the International Secretariat under the leadership of the NATO Secretary General.
NATO armed forces are divided into joint armed forces (JAF), transferred to NATO by its members, and armed forces under national subordination. For each of the participating countries, goals and objectives are established on an agreed basis in the event of an armed conflict, the number, combat composition and deployment of national armed forces and the procedure for their interaction with coalition armed forces are determined.
The Defense Planning Committee is NATO's highest military command body; it considers issues related to the governing military bodies, the organization and use of joint armed forces, and approves the strategic doctrines of the bloc. The highest executive military body is the Military Committee, which develops strategic plans and determines the direction of the construction of the Allied Forces. NATO's advisory body is the Nuclear Defense Committee, and the working body of this committee is the Nuclear Planning Group, which, meeting twice a year, deals with issues of the use of nuclear weapons. The Group's major decisions are subject to approval by the NATO Council. Direct leadership of the Allied Forces in possible theaters of military operations is carried out by the NATO High Command in the English Channel and the US-Canada Regional Strategic Planning Group.
Russia has developed a defined relationship with NATO that allows for cooperation programs on a wide range of practical security issues that serve the interests of these countries and Europe as a whole. Russia joined the European-Atlantic Partnership Council but suspended its participation in a number of programs following NATO's decision to take military action to end the conflict in Kosovo. However, despite disagreements over the use of military force, NATO countries worked closely with Russian government officials in connection with diplomatic efforts to end the conflict in Kosovo and achieve a political solution.
NATO has committees responsible for forward planning in areas such as political consultations, military operations, arms cooperation and other areas. These committees make recommendations on the conduct of the affairs of the North Atlantic Council, NATO's highest decision-making body, or the NATO Defense Planning Committee, which deals primarily with issues related to NATO's joint military structure. Consultations are also held on economic issues related to security, including issues such as defense spending and the conversion of defense industries.
NATO also cooperates in areas such as civil emergency planning, disaster relief, scientific and environmental programs. While contingency planning is primarily the responsibility of nations themselves, NATO's activities help ensure the most effective use of the Alliance's civilian resources when necessary.
NATO implements a number of international exchange programs on scientific, environmental and defense issues that can only be resolved through joint efforts.
There are other regional military-political treaties in force in the modern world: the Australia-Malaysia-New Zealand-Thailand-Philippines-South-Korea-Japan Pact (AZPAC), created in 1966; Pacific Security Pact with the participation of Australia, New Zealand and the United States (ANZUS), created in 1952, etc.
UN specialized agencies are international organizations that, according to Art. 57 of the UN Charter, are created on the basis of intergovernmental agreements and are centers for coordination of actions and cooperation of states in the fields of economics, culture, education, and health care. Specialized agencies carry out their communication with the UN with the help of ECOSOC, in accordance with Art. 63 of the UN Charter and on the basis of special agreements on cooperation and coordination.
The operating principles of specialized institutions are enshrined in their charters. The main purpose of specialized institutions is the development of peaceful and friendly relations between states. For this purpose, specialized institutions are called upon to:
¦ coordinate the activities of states in the relevant field;
¦ develop and adopt international conventions on special issues;
¦ organize assistance to countries in need;
¦ exchange information.
Specialized institutions adopt recommendations on issues within their competence that are not binding on their members. The state itself determines whether to act in accordance with the recommendation or not. This reveals the legal nature of international organizations operating on the basis of sovereign equality.
International Maritime Organization(IMO) was created in 1958 to ensure cooperation between states in resolving technical issues related to international merchant shipping; promoting the adoption of practical standards for maritime safety; eliminating various forms of discrimination in merchant shipping; preventing pollution of seas and oceans. IMO members are 166 states, 36 state and 63 non-state organizations (according to 2006 data). The activities of the IMO are mainly advisory and advisory in nature; this organization develops draft international conventions on the law of the sea. The highest body of the IMO - the Assembly - meets at a session once every two years, considers and approves technical recommendations, rules, proposals for the implementation of international conventions on shipping. In the period between sessions of the Assembly, the work of the IMO is governed by the Council, which meets twice a year. Within the IMO there are committees on maritime safety, marine environmental protection, and technical cooperation. The Legal Committee is one of the main bodies of the IMO; it has developed: the International Convention on Intervention on the High Seas in Cases of Oil Pollution Accidents; Protocol on intervention on the high seas in cases of accidents resulting in pollution by substances other than oil; International Convention on Civil Liability in the Field of Maritime Transport of Nuclear Materials; International Convention on the Establishment of an International Fund for Compensation for Damage from Oil Pollution, etc.
United Nations Educational, Scientific and Cultural Organization(UNESCO) was created on November 16, 1945. It includes 191 states (according to 2002 data). UNESCO's headquarters are located in Paris (France). The organization has 73 bureaus and other units located in various parts of the world. The purpose of UNESCO is to promote peace and security through the development of international cooperation in the fields of education, science, culture and information (UNESCO Constitution, Art. I).
The General Conference of UNESCO is convened once every two years; it determines the main directions of UNESCO's activities, elects members of the Executive Board, appoints the Director-General (for a period of 6 years), and approves the program and budget of the organization.
The Executive Board consists of 58 representatives of UNESCO Member States; it meets in session twice a year. Acting as an administrative body, the executive board prepares the work of the General Conference and is responsible for the effective implementation of its decisions.
The Secretariat is the executive body of the Director General, elected for a 6-year term. Secretariat staff are responsible for the implementation of UNESCO's programme. The Secretariat has more than 2 thousand employees, most of whom work outside headquarters in regional units.
UNESCO makes a great contribution to solving current international problems. It contributed to the adoption of such international conventions as the Convention for the Protection of Cultural Property in the Event of Armed Conflict, the Convention against Discrimination in Education, etc. An important place in UNESCO’s activities is occupied by activities in the field of establishing a new information order, developing mutual understanding between peoples, and providing assistance developing countries in establishing an education and training system, and developing science.
International Atomic Energy Agency(IAEA) was established in 1957 for the purpose of the peaceful uses of atomic energy to maintain peace, health and prosperity throughout the world, promoting the development of atomic energy and its practical applications for peaceful purposes. 139 states are members of the IAEA (as of 2006). The functions of the IAEA include: promoting scientific and technical cooperation in the field of atomic energy; exchange of information on the use of atomic energy for peaceful purposes; assistance to developing countries in training; provision of intermediary services in the transfer of nuclear materials and equipment, etc. Of primary importance is the agency's implementation of control functions (the so-called IAEA guarantees), the purpose of which is to prevent the use of atomic energy to create nuclear weapons in countries that do not have nuclear weapons. The IAEA controls 98 percent of nuclear installations in countries that do not have nuclear weapons. The IAEA monitors the implementation by states of the Treaty on the Non-Proliferation of Nuclear Weapons (1968). The IAEA is connected with the UN by a special agreement; annually submits reports on its activities to the UN General Assembly, and, where necessary, to the Security Council.
Main bodies of the IAEA: General Conference, consisting of member states (meets in annual sessions and has the power to discuss any issues arising from the Charter, make decisions on them and make recommendations; Board of Governors, consisting of representatives elected by the General Conference (permanent body) ; Secretariat (dealing with day-to-day affairs), headed by the Director General, who is appointed by the Board of Governors and approved by the General Conference for a period of 4 years.
In 1986, a special session of the IAEA General Conference adopted two conventions: on early notification of a nuclear accident and on assistance in the event of a nuclear accident or radiation emergency, which were subsequently supplemented by new documents. The IAEA institutions employ more than 2 thousand employees. The organization's financial resources are made up of two categories of contributions: countries' contributions to the regular budget and voluntary contributions to the technical development fund.
International Criminal Police Organization(Interpol) was created in 1946 and until 1972 was registered with ECOSOC as a second category non-governmental organization. Now Interpol is a powerful and developing intergovernmental organization. In Art. 2 of the Interpol Charter names the goals and organizations:
a) ensure broad interaction of all criminal police bodies (institutions) within the framework of existing state legislation and in the spirit of the Universal Declaration of Human Rights;
b) create and develop institutions that can successfully contribute to the prevention and control of criminal crime.
Interpol is strictly prohibited from carrying out any interference or activity of a political, military, religious or racial nature (Article 3). Any country may authorize any of its official police forces whose functions are relevant to the activities of the organization to act as a member of the organization. An application to join Interpol is submitted to the Secretary General of Interpol by the relevant government agency. The decision to join the organization is approved by the General Assembly with a two-thirds majority vote (Article 4).
The structure of Interpol includes: the General Assembly; Executive Committee (consists of president, vice-presidents, delegates); General Secretariat; national central bureaus; advisors.
National Central Bureau of Interpol in Russia(NCB) - a division of the Central Office of the Ministry of Internal Affairs of Russia, is an agency for cooperation between law enforcement and other government agencies of our country with law enforcement agencies of other member states of Interpol and the General Secretariat of Interpol. The tasks of the NCB include: ensuring effective international exchange of information on criminal offenses; providing assistance in fulfilling requests from foreign law enforcement organizations in accordance with international treaties; monitoring the implementation of international treaties on the fight against crime, to which the Russian Federation is a party.
The activities of the NCB are carried out on the basis of the principles of legality, respect and observance of human and civil rights and freedoms, humanism, interaction with the Russian law enforcement system, with international law enforcement organizations and the competent authorities of foreign member states of Interpol. The NCB carries out its activities exclusively in the field of combating criminal offenses, without affecting crimes of a political, military, religious or racial nature.
The National Central Bank performs the following functions:
¦ takes measures for the timely and proper execution of requests from Russian law enforcement agencies abroad;
¦ determines whether requests received from the National Central Bureau of Interpol of foreign states are subject to execution on the territory of Russia, and sends them to the relevant law enforcement and other government agencies of Russia;
¦ analyzes the practice of execution by law enforcement and other government agencies of Russia of requests from international law enforcement organizations, law enforcement agencies of foreign states - members of Interpol, informs the heads of the relevant law enforcement and other government agencies of Russia about violations of the established procedure for the execution of these requests.
Employees of the Interpol NCB with special ranks are fully covered by the legal and social guarantees of police officers. Employees of the NCB Interpol have police uniforms in accordance with their assigned special ranks, as well as the sleeve insignia of the NCB Interpol.
Cooperation between states in the fight against crime follows the path of creating specialized regional international organizations. For example, the European Police Organization (Europol) serves as a similar regional center, with which Russia cooperates under the agreement of November 6, 2003.
This branch of international law correlates with those organizations that are a form of cooperation between states and are of an interstate (intergovernmental) nature. Law of international organizations can be defined as a set of international legal norms regulating the status of interstate (intergovernmental) organizations and associations, their subject composition, structure, powers and procedure for the activities of bodies, the legal force of their acts.
For the first time, the term “international intergovernmental organization” was applied to the International Institute for the Unification of Private Law in its Charter, adopted on March 15, 1940.
There is no comprehensive legal act aimed at regulating the status and activities of all international organizations. One aspect of the status of organizations is addressed in the Vienna Convention on the Representation of States in Their Relations with International Organizations of a Universal Character, adopted in 1975 and ratified by the USSR in 1978. Another general multilateral act, already discussed in Chap. 9, - Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations, adopted in 1986.
Each international organization has its own constituent act, developed and adopted by the founding states in the form of an international treaty, usually called a charter. These are the UN Charter of 1945, the ILO Charter of 1919/1946, the WHO Charter of 1946, the OAU Charter of 1963, the Charter of the Council of Europe of 1949, the CIS Charter of 1993, etc. In some cases, they are used as constituent acts conventions
Chapter 14. Law of international organizations
including the 1947 World Meteorological Organization Convention, the 1967 Convention establishing the World Intellectual Property Organization, and treaties (the 1992 Treaty on European Union).
The Vienna Convention on the Law of Treaties (Article 5) applies to any treaty that is a constituent act of an international organization.
The constituent act characterizes the legal personality of an international organization, meaning its derivative and functional state (see Chapter 2). The constituent act sets out the goals and objectives of the organization, its organizational structure, powers and procedures for the activities of its bodies, and resolves administrative, budgetary and other issues. An important place in the act is occupied by rules on membership - on initial members, the procedure for admitting new members, the possibility of sanction measures, up to and including expulsion from the organization. The regulation of immunities and privileges of an organization is either an integral part of the constituent act, or is carried out through the adoption of a special act (for example, the Convention on the Privileges and Immunities of the United Nations, the General Agreement on Privileges and Immunities of the Council of Europe).
The category of sources of law of international organizations includes agreements concluded on behalf of each organization with the government of the state in whose territory its headquarters are located. Treaties regulate the relationship between the organization and the host government, their mutual rights and obligations. These are, for example, the Agreement between the UN and the US Government of June 26, 1947 regarding the location of the central agencies of the UN, the Agreement between the Republic of Belarus and the Commonwealth of Independent States of June 13, 1994 on the conditions for the presence of the CIS Executive Secretariat on the territory of the Republic of Belarus.
There are also known agreements between organizations and state governments in which representative offices of one or another organization are created and (or) certain types of activities are carried out. Thus, on June 15, 1993, an Agreement was signed between the Government of the Russian Federation and the UN on the establishment of a UN Joint Office in the Russian Federation.
§ 2. Types of international organizations
Concept and sources of law of international organizations. Types of international organizations
United Nations: Charter, purposes and principles, membership, system of bodies. UN specialized agencies
Regional international organizations
International non-governmental organizations
1. Concept and sources of law of international organizations
Law of international organizations- this is a set of international legal norms regulating the status of interstate (intergovernmental) organizations and associations, their subject composition, structure, powers and procedure for the activities of bodies, the legal force of their acts.
For the first time, the term “international intergovernmental organization” was applied to the International Institute for the Unification of Private Law in its Charter, adopted on March 15, 1940.
One aspect of the status of organizations is addressed in the Vienna Convention on the Representation of States in Their Relations with International Organizations of a Universal Character, adopted in 1975 (ratified by the USSR in 1978). Also, the source of this branch of international law is the Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations, adopted in 1986.
Every international organization has own constituent act, developed and adopted by states and founders in the form of an international treaty, usually called charter. For example, the UN Charter of 1945, the ILO Charter of 1946, the WHO Charter of 1946, the Charter of the Council of Europe of 1949, the CIS Charter of 1993. In some cases, they are used as constituent acts convention, including the 1947 World Meteorological Organization Convention, as well as treaties (Treaty on European Union 1992). The Vienna Convention on the Law of Treaties (Article 5) applies to any treaty that is a constituent act of an international organization.
The founding act characterizes legal personality international organization, meaning its derivative and functional state. In the constituent act are fixed
goals and objectives of the organization,
its organizational structure,
powers
the procedure for the activities of its bodies,
administrative, budgetary and other issues are resolved.
An important place in the act is occupied by the rules on membership- about the original members, the procedure for admitting new members, the possibility of sanctions measures. The regulation of immunities and privileges of an organization is either an integral part of the constituent act, or is carried out through the adoption of a special act (for example, the Convention on the Privileges and Immunities of the United Nations, the General Agreement on Privileges and Immunities of the Council of Europe).
Go to category sources The rights of international organizations include agreements concluded on behalf of each organization with the government of the state in whose territory its headquarters are located. Treaties regulate the relationship between the organization and the host government, their mutual rights and obligations. For example, the Agreement between the UN and the US Government of June 26, 1947 regarding the location of the central agencies of the UN.
Types of international organizations
MMPO is an association of states established by an international treaty on a permanent basis, having permanent bodies that are endowed with international legal personality and acting to achieve common goals in accordance with the principles of international law.
International organizations can be divided into:
universal, the goals and objectives of which are important for all or most states, for the international community as a whole and which are therefore characterized by universal membership,
and others that are of interest to a certain group of states, which determines their limited composition.
Among organizations second categories are distinguished by regional international organizations, which unite states located within a certain area and interact taking into account their group interests. These are the European Union and the CIS. Also included are organizations that do not have universal significance, but whose interests and composition go beyond the regional boundaries. Here group political, economic, social needs are taken into account. For example, the Organization for Economic Co-operation and Development (OECD) consists of 24 states from different regions of the globe.
By the scope and nature of their powers stand out:
organizations of general competence (UN, OAU, CIS, OSCE)
special competence (ICAO, World Trade Organization (WTO), which replaced the General Agreement on Tariffs and Trade in 1994, International Monetary Fund (IMF), Universal Postal Union, etc.).
Some countries also have the status of an international organization with corresponding legal personality. interstate institutions called committees. This is the International Seabed Authority established by the 1982 UN Convention on the Law of the Sea, of which all member states of the Convention are members.
A special type of international organizations are interdepartmental organizations . When creating such organizations and in the process of their activities, the relevant ministries and other departments exercise the powers of state bodies within the limits of domestic legal norms. At the same time, the decision on participation in a particular organization falls within the competence of the government, and all subsequent contacts with the organization’s bodies are carried out through the relevant department. The activities of Interpol are built on an interdepartmental basis, the members of which, according to the Charter, are considered to be competent police authorities with powers on behalf of their states.
Legal nature of an international organization
An international intergovernmental organization has a derivative and functional legal personality and is characterized by the following signs .
1. created by states that record their intention in a constituent act - a special type of international treaty (charter, convention).
2. exists and operates within the framework of a constituent act that defines its status and powers, which gives its legal capacity, rights and obligations a functional character.
3. is a permanent association, which is manifested in its stable structure, in the system of its permanent bodies.
4. is based on the principle of sovereign equality of member states, while membership in the organization is subject to certain rules characterizing the participation of states in the activities of its bodies and the representation of states in the organization.
5. States are bound by resolutions of the organs of the organization within the limits of their competence and in accordance with the established legal force of these resolutions.
6. Each international organization has a set of rights characteristic of a legal entity. These rights are fixed in the constituent act of the organization or in a special convention and are implemented taking into account the national legislation of the state in whose territory the organization performs its functions.
7. An international organization has privileges and immunities that ensure its normal activities and are recognized both at the location of its headquarters and in any state in the exercise of its functions.
There are a huge number of definitions of international organizations in domestic and foreign literature. “International organizations are so unequal that neither in theory nor in practice is there any appreciable unity in their definition. Lukashuk I.I. Modern law of international treaties: in 2 volumes: T.1. Conclusion of international treaties; Ross. Academician Sciences, Institute of State and Law. - M.: Wolters Kluwer, 2004. - P. 153
International organizations are a voluntary association of sovereign states 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 responsibilities derived from rights and duties of states into an autonomous will, the scope of which is determined by the will of the member states.” International public law: Textbook / Rep. Ed. K.A Byakishev. - 4th ed., revised. and additional - M.: TK Welby, Prospekt Publishing House, 2005. - P. 291.
International organizations are a fairly “young” subject of international interaction between states.
The paradox of this situation lies in the fact that “knowledge” about international organizations arose at an earlier time than they were introduced into international relations. Dreams about this form of organization of human society are found in the works of many scientists and politicians of the past.
International organizations as an elite ideal of the most rational and legitimate organization of the social life of society were considered by quite famous philosophical thinkers. Henri Saint-Simon dreamed of creating a European Parliament capable of preventing wars on the continent; Immanuel Kant proposed the founding of a world government in the form of a “league of peace for free states.”
In the middle of the 19th century. The first international intergovernmental organizations arose. The creation of these organizations was for two reasons. First of all, the formation as a result of bourgeois-democratic revolutions of sovereign states striving for national independence, and secondly, the success of scientific and technological progress, which gave rise to a tendency towards interdependence and interconnectedness of states.
The emergence of the first international organizations in the 19th century. It became a reflection and consequence of the objective trend towards internationalization of many facets of that time. Since the creation of the Central Commission for Navigation on the Rhine in 1815, international organizations have been given their own competence and powers. A new period in their development was the creation of the first international universal organizations - the Universal Telegraph Union (1865) and the Universal Postal Union (1874), which had a permanent structure.
It was administrative unions that turned out to be the most suitable form of development of intergovernmental organizations.
The First World War slowed down the development of international organizations and it was because of it that many of them collapsed. At the same time, humanity gradually began to realize the destructiveness of world wars for the development of human civilization, and this stimulated the emergence of projects for the creation of international political organizations in order to prevent wars. International public law: Handbook / Shrepler H.A. - M.: Wolters Kluwer, 1998. - P. 107.
One of these projects formed the basis of the League of Nations (1919), which never became an effective instrument of political international interaction in the name of preserving peace and maintaining the security of states. From the standpoint of this time, the failures of the League of Nations can be explained by reasons of a dual nature. Firstly, the general political situation of 1919 - 1939. did not contribute to the positive actions of the new international political structure: the predominant trend in the development of the world community was not integration, but a centrifugal tendency. There was a strengthening of the nationalist status of member states wishing to isolate or dominate the world stage.
Secondly, the organizational, legal, legal mechanism of the League of Nations was particularly poorly developed and could not effectively resolve conflicts between member states or seek peaceful ways to develop interaction between the powers. In general, during the period from the First to the Second World War, the development of issues of organizing international security was implemented rather slowly.
The Second World War had a significant impact on the governments of various countries and societies as a whole and pushed them to develop problems of post-war peace and security organization.
The question of establishing an international security organization appeared on the state agenda from the first days of the war. One can even say that, together with military efforts aimed at winning the war, the three member states of the anti-Hitler alliance focused on the issue of building peace and security, worked on the concept of a future global international organization and its principles.
The allies' desire to create the UN was mutual and equal. Through confrontation and growing mutual misunderstanding, the Cold War years prevented international organizations from fulfilling the hopes placed on them by both the powers and public opinion. The turning point in this regard was the period 1989 - 1990. Huge changes associated with the fall of the Berlin Wall and the loss of political ideologies of their former power, which caused a turn in the bilateral and multilateral relations of certain countries.
The rules of law of international organizations are mostly 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 Representation of States in their Relations with International Organizations of a Universal Character of 1975 // Bulletin of the Supreme Arbitration Court of the Russian Federation. - M., - 1999. - P.97-103. Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations 1986 Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations 1986 // Public International Law. Collection of documents. T.1. - M.: BEK, 1996. - P. 67-87., agreements on privileges and immunities of international organizations, etc.
Consequently, the law of international organizations forms a set of rules governing the legal status, activities of organizations, interaction with other subjects of international law, and participation in international legal relations. Dmitrieva G.K. International private law. - M.: Prospekt, 2010 - 656 p.
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 significant that its goals and principles, competence, structure, etc. agreed upon on a 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. Consequently, states are creating a new subject of international law, which, together with them, will carry out law-making, law enforcement and law enforcement functions in the sphere of international interaction between powers.
Any international organization has the following characteristics:
- 1. Establishment of an organization in accordance with international law. If an international organization was created unlawfully or its actions contradict international law, then the constituent act of such an organization must be declared void and its action must also be suspended as soon as possible. An international treaty or each of its provisions is fictitious if its execution is associated with any action that is unlawful under international law.
- 2. Establishment on the basis of an international treaty. In most cases, international organizations are based on international treaties (conventions, agreements, treaties, protocols, etc.). The object of this agreement will be the behavior of the subjects (parties to the agreement) and directly the international organization.
The parties to the founding act are sovereign states. But recently, intergovernmental organizations have also become full-fledged participants in international organizations. For example, the European Union is a full and full member of many international fishing organizations. Bendevsky T. International private law. - M.: Statute, 2005. - 446 p.
International organizations are also created in accordance with the resolutions of other organizations that have the most general competence.
3. Implementation of interaction in specific areas of activity. International organizations are founded to directly coordinate the efforts of states in various fields.
International organizations unite the actions of states in the political (OSCE), military (NATO), scientific and technical (European Organization for Nuclear Research), economic (EU), monetary and financial (IBRD, IMF), social (ILO) and in many other areas. Along with this, some organizations are authorized to coordinate the activities of countries in almost all areas (UN, CIS).
International organizations act as intermediaries between member states.
4. Having a proper organizational structure. This feature is one of the most significant signs of the presence of an international organization. This feature, as it were, certifies the permanent nature of the organization and therefore distinguishes it from other forms of international interaction. Intergovernmental organizations have their own headquarters, members represented by sovereign states and a system of main and subsidiary bodies. The highest body is the session, which is convened once a year. The executive bodies in international organizations are councils.
The administrative apparatus is headed by the Executive Secretary (General Director). Absolutely all organizations have permanent or temporary executive bodies with different legal status and competence.
- 5. The existence of the rights and obligations of the organization. The rights and obligations of any organization are fixed in general form in its constituent document, resolutions of supreme and executive bodies, and in agreements between organizations. These documents set out the intentions of the member states, which must subsequently be implemented by the relevant international organization. States have the right to prohibit an organization from taking various measures, and the organization cannot exceed its powers.
- 6. Independent international rights and obligations of the organization. The organization itself, as a subject of international public and private law, has the right to choose the most rational means and methods of activity. In this case, member states exercise control over the legality of the organization in using its autonomous will.
International law Virko N A
13. The concept of “law of international organizations”
The law of international organizations is a branch of international law that includes principles and norms governing the creation and functioning of international organizations.
The principles of the law of international organizations include:
1) compliance of the creation of international organizations with generally recognized principles of international law;
2) responsibility of international organizations for offenses;
3) voluntary membership in international organizations.
Constitutive acts of international organizations are international treaties or decisions of international organizations that determine the legal nature of organizations, as well as rights and obligations. The constituent act of an international organization specifies the goals and principles of the organization, the powers and structure of the organization, and the procedure for the activities of the international organization.
The constituent acts of international organizations indicate the derivative nature of international organizations. In this regard, the following characteristics of international organizations can be identified:
1) an international organization is created by sovereign states;
2) the international organization is created and functions within the framework of the constituent agreement;
3) the international organization is permanent and has a staff of permanent bodies;
4) an international organization has a certain set of rights that are inherent in a legal entity;
5) the international organization respects the sovereignty of member states. The UN Charter is the fundamental source for the entire branch of law of international organizations.
International organizations are intergovernmental and non-governmental. Non-governmental organizations are not subjects of international law.
An international organization is an association of sovereign states established by an international treaty on a permanent basis, having permanent operating bodies, endowed with international legal personality and acting to achieve common goals in accordance with the principles of international law (United Nations).
A non-governmental international organization is an organization created not on the basis of an interstate agreement; it unites individuals and (or) legal entities (League of Red Cross Societies).
Types of international organizations:
1) by the nature of membership:
a) intergovernmental;
b) non-governmental;
2) according to the circle of participants:
a) universal;
b) regional;
c) interregional;
3) according to competence:
b) special;
4) by the nature of the powers:
a) interstate;
b) supranational;
5) according to the method of admission to membership in the organization:
a) open;
b) closed.
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