International intergovernmental organizations

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2018-11-17 15:00:37

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Most modern States in the twenty-first century interact with each other in certain issues. International activities for today many domestic issues. For example, trade, politics, medicine, and other such areas are increasingly moving to the global level. Of course, globalization, namely the so-called the process, is a positive factor. It allows you to involve more people in the development of any issues. Moreover, the globalization affects the process of mutual exchange of information and culture between different countries. It should be noted that the international sphere is regulated with the same name in the legal industry. The latter has its own specificity and certain entities that enter into a relationship.

The Most specific subjects of international law are an intergovernmental organization. About them does not exist today a single legal opinions among the scholars. Therefore, the legal status of international intergovernmental organizations is characterized by a huge number of features that significantly distinguish this entity from other of the parties in relations between the two countries.

The Right of an international character

Of Course, any legal phenomenon must be considered from the perspective of the industry that it directly regulates. Intergovernmental organizations – the subject of the eponymous industry. They represent a set of legal norms which regulate relations between countries, organizations, communities. Thus in such relationships should be required to present a foreign element. This key factor distinguishes international law among other, more classical legal branches, which exist in national legal systems.

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intergovernmental organization

Subject structure

One specific feature of international law is the composition of persons who may participate in trade relations. In the classical theory of law divided the subjects of one or another regulation on businesses and individuals. In international law there is no such gradations, because people are not his subjects, although many scientists are trying to prove the opposite. However, to participate in the industrial relations can:

  • Directly state;
  • Orders and alliances;
  • Organizations engaged in representation of a people;
  • The exiled government;
  • Free cities and the subjects of the political-territorial structure of any country;
  • Intergovernmental, non-governmental organizations.

signs intergovernmental organizations

Thus, the presented entities are direct participants of the relations between different countries. However, their list is not exhaustive. In fact, all international law for the most part represents the totality of the Treaty rules. Therefore, no one can guarantee that after a certain period of time will not be taken precedent to facilities of other persons to the institution of constituent entities of the mentioned sectors.

The Concept of international intergovernmental organizations

Any legal phenomenon, an institution, a rule or norm have the actual definition. Intergovernmental organizations are also not excluded from the scope of this rule. The concept of this subject can be found in special agreements and in doctrine. The most common notion says that an international intergovernmental organization is the actual Union of several independent, sovereign States. In this case the great value has the purpose of establishing such entity. In most cases intergovernmental organizations are created to achieve any economic, political, social, scientific-technical results. The legal basis of their “birth” becomes nothing, as the Treaty multilateral in nature.

Story of the entity

Of Course, international intergovernmental organizations existed not always. Moreover, the very concept of these subjects appeared in the period between the XIX and XXI century. The point is that such organizations become a form of multilateral diplomacy. But only in the mid-twentieth century in the resolution of the Economic and Social Council of the UN has been given the official definition of such subject. From this point of intergovernmental organizations have become full participants in international relations. Regulatory tightness has given impetus to the development of rules, forms, activities and characteristics of these entities. Therefore, in the XXI century, the existence and activities of the mentioned entities do not cause anybody questions.

the legal personality of intergovernmental organizations

International Intergovernmental and non-governmental organizations: differences

Today you can find lots of similar legal categories. Among these could be considered non-governmental and international intergovernmental organizations. Subjects of international law, the two types differ significantly among themselves. The main differentiating factor isthe moment of direct creation. Non-governmental organizations established by individuals. In addition, their activities do not present a commercial interest.

There are three main criteria that such entities must meet.

  1. First, their activities are in all cases voluntary, while intergovernmental organizations to adhere to a certain line in their work.
  2. Second, the purpose of such actors in global. They are directed to the achievement of any international legal interests.
  3. Third, the Foundation of such organizations occurs on a private basis. In addition, they are not territorial entities of the type.

Thus, the organization of the intergovernmental and non-governmental-these are two completely different subject, the legal framework which is significantly different.

international intergovernmental organization is

What is the characteristics of an intergovernmental organization?

If we are talking about a legal institution, it is mandatory to mention its key features. In the theory of law they are called signs. They represent those features of the legal phenomenon from the mass of others. Signs intergovernmental organizations, as we understand it, there are also in theory the eponymous industry. However, they play an important practical role. If the organization did not meet a number of specific points, it is impossible to recognize intergovernmental. Thus, the definition of signs – this is an important aspect of the work referred to in article entity.

Intergovernmental organizations

Scientists have isolated many of the key points presented to the subjects. However, the most important are only six main signs.

  1. First of all, the subjects of intergovernmental organizations – it is mandatory sovereign state.
  2. Second key feature is their contractual framework. The constitutive act is the main legal fact of establishment of an intergovernmental organization. In such a document, you can find statements about the principles, forms and directions of activity, management bodies, structure, participants and their competence, as well as other similar questions.
  3. An essential feature of the organization is the existence of economic, political, cultural or other purposes.
  4. Mandatory intergovernmental organization, but rather their activity is controlled by special, created on the basis of the Memorandum of Association bodies.
  5. Legal basis and activities of the organization shall meet the norms and principles of international law.
  6. The Last specific feature of this subject is his personality.

Thus, the presented signs of international intergovernmental organizations characterize the subject as a participant of legal relations of a certain type. To one or the other organization had been able to interact on a global level, it should answer all, without exception, the features listed above.

Personality

The Subject of any relationship must have a certain legal status. This category can be described as personality. It consists of two interrelated elements: legal capacity. The legal personality of intergovernmental organizations is characterized by its own specifics, which is not necessarily the classical Canon law. The point is that mentioned in the article, the subjects are not identical to regular States. Of course, they are based on agreement between the two countries, however, the sovereignty does not possess. That is, the capacity and capability of intergovernmental organizations arises from the moment of their creation. In the process, the activities of the Association are the official representatives of the parties. His work guarantees the fulfillment of the purposes for which state founded the organization. Thus, the legal personality of intergovernmental associations are substantially limited by the interests of its members.

Create subject

International intergovernmental organizations are created by General solutions to certain countries. For this purpose between the future members of the Association is the Foundation agreement.

signs of international intergovernmental organizations

As previously stated, this document provides information on the work of the Association, its management bodies, objectives of establishment, members, etc. Subjects you create in the future are referred to as “the founding States”. They will make the decision on the possible inclusion of other powers in the organization. Usually the legal status of the States-founders and accepted countries is exactly the same. However, the contract may provide for limitations to powers that were included in the unification of the later of its inception.

intergovernmental and non-governmental international organisations

Management organization

Inter-governmental Association, or rather, their activity will be regulated. Contract-a legal aspect coordinationof the subject, and controls – organizational. As a rule, management is divided into basic and additional. The bodies of the first type are based on the Memorandum and are addressing the most important issues of intergovernmental organizations. Additional or subsidiary bodies are temporary in nature and occurs to regulate specific processes.

international intergovernmental organizations are subjects of international law

Conclusion

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

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