International intergovernmental organizations

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

Most modern states in the XXI century interact with each other in solving certain issues. At the same time, international activity today concerns many intranational issues. For example, trade, politics, medicine and other similar areas are increasingly moving to the global level. Of course, globalization, as this process is called, is a positive factor. It allows you to involve more people in the development of any problem. In addition, globalization affects the process of mutual exchange of information and cultural characteristics between different states. It should be noted that the international sphere is regulated by the legal branch of the same name. The latter has its own specifics and certain subjects that enter into legal relations.

The most specific subjects of international law are intergovernmental organizations. On their occasion, there is no single legal opinion among scientists today. Therefore, the legal status of international intergovernmental organizations is characterized by a huge number of features that significantly distinguish this entity from other parties in relations between countries.

The law of internationalcharacter

Of course, any legal phenomenon must be considered from the position of the industry that directly regulates it. Intergovernmental organizations are the subject of the industry of the same name. They are a set of legal norms that regulate relations between countries, organizations, communities. At the same time, a foreign element must necessarily be present in such relations. This key factor distinguishes international law from other, more classical legal branches that exist in national legal systems.

Subject composition

One specific feature of international law is the composition of persons who can take part in sectoral legal relations. In the classical theory of jurisprudence, it is customary to divide the subjects of a particular sphere of regulation into legal entities and individuals. There is no such gradation in international law, because people are not its subjects, although many scientists are trying to prove the opposite. However, the following can participate in industry relations:

• direct state;
• orders and alliances;
• organizations representing a nation;
• expelled governments;
• free cities and subjects of the political and territorial structure of a country;
• intergovernmental, non-governmental organizations.

Thus presentedsubjects are direct participants in relations between different countries. However, their list is not exhaustive. After all, all international law for the most part is a set of treaty norms. Therefore, no one can guarantee that after a certain period of time there will be no precedent for other persons belonging to the institution of the subjects of the mentioned industry.

The concept of international intergovernmental organizations

Any legal phenomenon, institution, rule or norm has its own definition. Intergovernmental organizations are also not excluded from the scope of this rule. The concept of this subject can be found both in special treaties and at the level of doctrine. The most general concept says that an international intergovernmental organization is the actual association of several independent, sovereign states. In this case, the purpose of creating such a subject is of great importance. In most cases, intergovernmental organizations are created to achieve any economic, political, social, scientific and technical results. The legal basis for their "birth" is nothing more than a multilateral agreement.

Subject Appearance Story

Of course, interstate intergovernmental organizations did not always exist. Moreover, the very concept of these subjects appeared between the 19th and 21st centuries. The bottom line is that these kinds of organizations have become a form of multilateral diplomacy. But only in the middle of the 20th century, in the resolution of the Economic and SocialThe UN Council gave an official definition of such a subject. Since that moment, intergovernmental organizations have become full participants in international relations. Normative fixation gave impetus to the development of rules, forms of activity and signs of such subjects. Therefore, in the 21st century, the existence and activities of the mentioned entities do not raise any questions.

Intergovernmental and non-governmental international organizations: differences

Today you can find many similar legal categories. These include non-governmental and international intergovernmental organizations. The subjects of international law of the two presented types differ significantly from each other. The main delimiting factor is the moment of direct creation. Non-governmental organizations are founded by private individuals. In addition, there is no commercial interest in their activities.

There are three main criteria that such entities must meet.

1. Firstly, their activities are in all cases voluntary, while intergovernmental organizations adhere to a certain line in their work.
2. Secondly, the goals of such subjects are global. They are directed to achieve any international legal interests.
3. Thirdly, the founding of organizations of this kind occurs on a private basis. In addition, they are not territorial-type entities.

SoThus, intergovernmental and non-governmental organizations are two completely different entities, the legal basis of which is significantly different.

What are the signs of an intergovernmental organization?

If we are talking about any legal institution, then it is imperative to mention its key features. In legal theory, they are called features. They are those features that distinguish the legal phenomenon from the mass of others. Signs of an intergovernmental organization, as we understand it, also exist in the theory of the industry of the same name. At the same time, they play an important practical role. If an organization does not meet a number of specific points, then it cannot be recognized as intergovernmental. Thus, the definition of features is an important aspect of the work of the subject mentioned in the article.

Features of intergovernmental organizations

Scholars highlight many key points of the subjects presented. However, the most important are only six basic signs.

1. First of all, the subjects of intergovernmental organizations are necessarily sovereign states.
2. The second key feature is their contractual basis. The constituent act is the main legal fact of the creation of an intergovernmental organization. In such a document, one can find statements about the principles, forms and directions of its activities, governing bodies, structure, participants and their competence, as well as other similarquestions.
3. An integral feature of an organization is the presence of economic, political, cultural or other goals.
4. Without fail, intergovernmental organizations, or rather their activities, are controlled by special bodies created on the basis of a constituent agreement.
5. The legal basis and activities of the organization must comply with the norms and principles of international law.
6. The last specific feature of such a subject is its legal personality.

Thus, the presented signs of an international intergovernmental organization characterize the subject as a participant in legal relations of a certain type. In order for an organization to be able to interact on a global level, it must meet all the features mentioned above without exception.

Peculiarities of legal personality

The subject of any relationship must have a certain legal status. This category can be characterized as legal personality. It consists of two interrelated elements: legal capacity and legal capacity. The legal personality of intergovernmental organizations is characterized by its own specificity, which does not always correspond to the classical canons of law. The bottom line is that the subjects mentioned in the article are not identical to ordinary states. Of course, they are created on the basis of an agreement between countries, but they do not have sovereignty. That is, the legal capacity and capacity of intergovernmental organizations arises from the moment of their direct creation. In the course of itsactivities of the association are the official representatives of the parties-participants. His work guarantees the fulfillment of the purposes for which the states founded the organization. Thus, the legal personality of intergovernmental associations is significantly limited by the interests of its members.

The process of creating a subject

International intergovernmental organizations are created by a common decision of certain countries. To do this, a memorandum of association is concluded between the future members of the association.

As mentioned earlier, this document provides statements about the work of the association, its governing bodies, the goals of creation, members, etc. The subjects of creation will be referred to as "founding states". It is they who will decide on the possibility of including other powers in the organization. Usually the legal status of the founding states and the adopted countries is exactly the same. Nevertheless, the treaty may well provide for restrictions for powers that were included in the association after the moment of its creation.

Governance bodies of the organization

Intergovernmental associations, or rather, their activities should be regulated somehow. The contract is the legal aspect of coordinating the work of the subject, and the governing bodies are organizational. As a rule, management is divided into basic and additional. Organs of the first type are created on the basis ofconstituent agreement and deal with the most important issues of the intergovernmental organization. Additional or subsidiary bodies are temporary, and their creation takes place in order to regulate specific processes.

Conclusion

So, in the article we have identified the key features of intergovernmental international organizations. Of course, further theoretical and legal development of such subjects is necessary, because they are increasingly common in the world today.