The concept of an international body. International organizations: concept, classification, legal nature, role and significance. International organizations: list and main characteristics The concept of international organizations, their characteristics and classification

The concept of international organizations.

The first international organizations, which manifested themselves in the form of cooperation between several states, arose in ancient times. The ancient Greek “symmachys”, “epimachys” and “amphiktyonys”, which were active in the 4th-6th centuries, are known. BC e. as permanent military-political and political-economic alliances (both offensive and defensive) between ancient city-polises (Peloponnesian, Spartan, Corinthian, etc.).

“Amphictyony” were also the first alliances of ancient Greek tribes, but their distinctive features were spiritual and religious “neighborhood”, joint celebration of divine holidays, economic and political interactions, a general meeting as the highest body of the union, adherence to common regulations and behavioral norms, resolution of disputes by a supra-tribal court (Delphic-Thermopylae, etc.). Already in ancient times, inter-city interactions acquired a permanent institutionalized character, being a prototype of future international organizations. Agreements were concluded, governing bodies were elected, joint military operations were carried out, wars were suspended during the celebrations, and political and economic goals were achieved through joint efforts.

The Hanseatic League, or, as it was also called, the Lübeck Hanse, became a historically unique medieval form of developing international organizations, XIV-XVI centuries. This is economic and political interaction between cities, the number of which at different times reached 70-150, a balance of interests of the parties, which for centuries determined the rules of international trade and seriously influenced European political processes. The motto of the Hanseatic League, inscribed on the Holstentor gate in Lübeck, is “Concordia Domi Foris Pax”, which translates as “Concord within - peace without”. And today this motto is remembered by residents European Union as an example of a strong and successful organization - quite international by the standards of that time.

A significant increase in the number and strengthening of the capabilities of international organizations in the 19th century. objectively contributed to the formation of the Vienna system of international relations and collective security that emerged after the Napoleonic wars. Under the conditions of the Concert of Europe, an increasingly important role in Europe is beginning to be played not by individual states, but by alliances of states seeking to maintain a balance of power and making extensive use of multilateral allied relations and coalition agreements for this purpose. Economic and political relations are characterized internationalization. Active interaction affects a variety of processes and relationships.

Thus, already in 1815, directly on the basis of the Vienna Agreements, the oldest existing modern world organizations - International Central Commission for the Navigation of the Rhine. As two centuries ago, today the goal of this international organization is to promote a high level of safety for navigation on the Rhine. Somewhat later, the Universal Telegraph Union (1865), now the International Telecommunication Union, and the Universal Postal Union (1874) emerged. All arose in the 19th century. international organizations already possess a certain universal set of modern qualities. They are characterized by a permanent organizational and management structure, the presence of a headquarters, and a clear delineation of the competencies and powers of participants recorded in the constituent documents.

The greatest increase in the number and expansion of the scope of activities and capabilities of international organizations in the world occurs in the 20th century. In the conditions of the Versailles-Washington and especially after the Second World War, the Yalta-Potsdam system of international relations, interaction between large and small states is becoming increasingly multilateral. In the second half of the 20th century. The interdependence of sovereign states is increasing and the scale of globalization and internationalization processes is expanding. New ones are emerging transnational And global problems, related to the need to jointly limit weapons, terrorism and incurable diseases. Numerous new forms of interaction and cooperation are being created, requiring differentiation of directions and varieties of international organizations themselves. International contacts are no longer limited to economic and political issues, but affect scientific, technological, sociocultural, legal, environmental and many other areas. Regardless of the scope of activity and goals, modern international organizations, in order to be considered as such, must meet a number of key requirements.

Firstly, they must match international legal norms. This means that the necessary formal requirements must be met during creation and during the operation. Thus, the creation of international organizations must be accompanied by the conclusion of an international treaty, agreement, convention or protocol. The most important international legal norm is also respect for the sovereignty of member states and non-interference in their internal affairs.

Secondly, in the constituent documents are fixed activity goals, rights and obligations of international organizations. Important feature international organizations is the independence of actions to achieve their goals and autonomy from the ideas of the founding states.

Thirdly, it is necessary the presence of a permanent organizational and management structure, systems of divisions, headquarters and offices in the countries in which the organization operates.

Fourthly, the composition of the organization must include representatives of at least two states, or the organization's activities must be carried out in at least two states. There is an opinion that the participation of representatives of at least three states is necessary for the organization to be considered international. In our opinion, if other requirements are met, the fact of institutionalized interaction between representatives of at least two different states is sufficient to obtain the international status of an organization.

Thus, international organizations are permanent associations of an intergovernmental or non-governmental nature, registered in accordance with international legal norms on the basis of an international agreement in order to facilitate the solution international problems, having an organizational and management structure in the countries where the organization operates.

Eoppaxia and "Ercipaxia (ancient Greek) - from aor - together, erci - above, and paxopai - I fight.
Ap(pi KTioveq (ancient Greek) - residents of the surrounding areas, neighbors on both sides.
Hanse (Old German) - union.

The concept of “law of international organizations”, sources.

The law of international organizations is a branch international law, which 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 There are intergovernmental and non-governmental. Non-governmental organizations are not subjects of international law.

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).

Non-governmental international organization is an organization not created 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.

The sources of this industry are the constituent documents of international organizations, the Vienna Convention on the Representation of States in Their Relations with International Organizations of a Universal Character of 1975, the Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations of 1986, agreements on the privileges and immunities of international organizations and etc.

Classification of international organizations

International organization- is an association of states created in accordance with international law and on the basis of an international treaty, for cooperation in political, economic, cultural, scientific, technical, legal and other fields, having the necessary system of bodies, rights and obligations derived from the rights and the duties of states, and the autonomous will, the scope of which is determined by the will of the member states.

Signs:

· Established in accordance with international law.

· Establishment on the basis of an international treaty.

· Cooperation in specific areas of activity.

Availability of appropriate organizational structure.

· Availability of rights and obligations of the organization.

Independent international rights and obligations of the organization.

Among the international organizations it is customary to highlight:

1) by the nature of membership:

· intergovernmental;

· non-governmental;

2) according to the circle of participants:

· universal– open to the participation of all states (UN, IAEA) or to the participation of public associations and individuals of all states (World Peace Council, International Association of Democratic Lawyers);

· regional– whose members may be states or public associations and individuals a specific geographic region (Organization of African Unity, Organization of American States, Gulf Cooperation Council);

· interregional– organizations in which membership is limited by a certain criterion that takes them beyond the scope of a regional organization, but does not allow them to become universal. In particular, participation in the Organization of the Petroleum Exporting Countries (OPEC) is open only to oil-exporting countries. Only Muslim states can be members of the Organization of the Islamic Conference (OIC);

3) according to competence:

· general competence– activities affect all areas of relations between member states: political, economic, social, cultural and others (UN);

· special competence– cooperation is limited to one special area (WHO, ILO), divided into political, economic, social, cultural, scientific, religious;

4) by the nature of the powers:

· interstate– regulate cooperation between states, their decisions have advisory or binding force for participating states;

· supranational– are endowed with the right to make decisions that directly bind individuals and legal entities of the Member States and are valid on the territory of the states along with national laws;

5) depending on the procedure for admission to international organizations:

· open – any state can become a member at its own discretion;

· closed – admission to membership is carried out at the invitation of the original founders (NATO);

6) by structure: with a simplified structure; with a developed structure;

7) according to the method of creation: international organizations created in the classical way - on the basis of an international treaty with subsequent ratification; international organizations created on a different basis - declarations, joint statements.

An international organization is an association of 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, has the necessary system of bodies, rights and obligations derived from the rights and duties of states, and autonomous will, the scope of which is determined by the will of the member states.

From this definition, the following characteristics of any international organization can be identified:

Membership of three or more states.

If there are fewer states, their union arises, but not an international organization, which is created for the purpose of collectively solving certain problems;

Respect for the sovereignty of member states and non-interference in internal affairs.

This feature is the main functional feature of an international organization, since in the process of its activities all states that are members of the organization have equal rights and bear equal responsibilities as subjects of international law, regardless of the size of their territory, population, level of economic development and other characteristics characterizing the state. Intervention in the internal affairs of a member state of an organization is in no way permitted, except in cases where such state has violated international obligations undertaken within the framework of this organization in accordance with its statutory provisions;

Establishment in accordance with international law.

This feature has a stating significance, because any international organization must be created on a legal basis. This means, first of all, the organization’s founding document must comply with generally accepted principles and norms of international law, and above all the principles of jus cogens. If an international organization was created unlawfully or its activities contradict international law, then the constituent act of such an organization must be recognized as insignificant and its effect terminated as soon as possible:

Basis on the basis of an international treaty.

Typically, international organizations are created on the basis of an international treaty (Convention, agreement, protocol, etc.). The object of such a treaty is the behavior of both the subjects of the treaty and the international organization itself. The parties to the founding act are sovereign states.? However, in recent years, intergovernmental organizations have also become full participants in international organizations. For example, the European Union is a full member of many international fisheries organizations;

Implementation of cooperation in specific areas of activity.

International organizations are created to coordinate the efforts of states in a particular sector, for example, political (OSCE), military (NATO), scientific and technical (European Organization for Nuclear Research), economic (European Union), monetary and financial (International Bank for Reconstruction and Development, International currency board), social (International Labor Organization), in the field of medicine (World Health Organization) and in many other sectors. Time in the international arena are organizations authorized to coordinate the activities of states in almost all sectors, for example the UN, etc. Thus, international organizations, along with other forms of international communication (multilateral consultations, conferences, meetings, seminars, etc.) act in as a body for cooperation on specific problems of international relations;

Availability of an appropriate organizational structure (permanent bodies and headquarters).

This feature, characterizing the institutional structure of an international organization, is one of the most important. It seems to demonstrate and confirm the permanent nature of the organization and thereby distinguishes it from numerous other forms international cooperation. In practice, this feature is manifested in the fact that intergovernmental organizations have headquarters, members represented by sovereign states and the necessary system of main (main) and subsidiary bodies. Usually the highest body of the organization is a session (assembly, congress), which convenes once a year (sometimes once every two years). Councils act as executive bodies. The administrative apparatus is headed by the executive secretary ( general director) organizations. All organizations have permanent or temporary executive bodies with different legal status and competence;

Availability of rights and obligations of the organization. A feature of the competence of an international organization is that its rights and obligations are derived from the rights and obligations of member states. Thus, no organization without the consent of its member states can initiate actions affecting the interests of its members. The rights and obligations of any organization are enshrined in a general form in its constituent act, resolutions of supreme and executive bodies, and in agreements between organizations. These documents establish and consolidate the intentions of the member states and their will regarding the boundaries and spheres of activity of the international organization, and must then be implemented by them. States also have the right to prohibit an organization from taking certain actions, and the organization cannot exceed its powers;

Independent international rights and obligations of the organization.

Despite the fact that an international organization is endowed with rights and responsibilities by member states, in the process of its activities it begins to acquire its own rights and responsibilities that are different from the original ones. Thus, we're talking about about the emergence of an autonomous will in an international organization, different from the wills of the member states. This sign means that, within the limits of its competence, any organization has the right to independently choose the means and methods of fulfilling the rights and obligations assigned to it by the member states;

Establishing the procedure for making decisions and their legal force.

This feature indicates that within the framework of an international organization, decisions are made in a specially developed procedure. Each of the international intergovernmental organizations has its own rules of procedure. In addition, the legal force of decisions taken within the framework of an international organization is established by the member states of the international organization themselves.

It has already been noted that in international law there are two types of international organizations:

International intergovernmental organizations (international organizations) are organizations created on the basis of an international agreement. It is to them that states delegate a certain part of their sovereign rights. However, the international legal personality of these organizations remains limited because they operate only within the framework of the powers delegated to them by states;

International non-governmental organizations (INGOs) are organizations created by the international community with the aim of establishing international cooperation on topical issues international life.

In turn, international organizations can be classified on several grounds:

1. On the subject of activity - political, economic, credit and financial, military-political, health care, culture, trade, etc.

2. According to the circle of participants:

Universal - almost all states of the world are their members (for example, the United Nations);

Regional - their members are states of a certain geographical region of the world (For example, the Organization of American States);

Subregional - their members are groups of states within a geographic region (For example, the Organization of the Black Sea Economic Cooperation);

Interregional - their work involves states from different geographical regions of the world (for example, the Organization for Security and Cooperation in Europe, whose members include both European states and Central Asian states).

3. For the procedure for admitting new members:

Open - according to the statutory documents, any state can be their member;

Closed - specific participants of these organizations and their number are stipulated in advance in the statutory documents of such international organizations.

4. By areas of activity:

Organizations with general competence - they have the right to consider any issue of international life (for example, the UN, OSCE);

Organizations with special competence - the range of issues they consider is stipulated in advance in their statutory documents and concerns a certain sphere of international life (for example, WHO, ILO).

5. According to the goals and principles of activity:

Legal - they are created in accordance with international law;

Illegal - they are created in violation of generally recognized norms of international law with goals that contradict the interests of international peace and international security.

In INGOs, it is possible to identify certain characteristics of international organizations (creation of compliance with international law, the presence of a certain organizational structure, the presence of rights and obligations, etc.), and also apply to them some classifying specific characteristics of international organizations, first of all, gradation according to the subject of activity. On this basis, INGOs are divided into the following groups:

Political, ideological, socio-economic, trade union organizations;

Women's organizations, as well as organizations for the protection of family and childhood;

Youth, sports, scientific, cultural and educational organizations;

Organizations in the field of press, cinema, radio, television

Organizations of local (regional) authorities. It should, however, be borne in mind that only international organizations are subjects of international law. Thus, an international intergovernmental organization is a voluntary association of sovereign states or international organizations, created on the basis of an interstate treaty or resolution of an international organization of general competence to coordinate the activities of states in a specific area of cooperation, having an appropriate system of main and subsidiary bodies, having an autonomous will different from the will of its members.

The special significance of the activities of international organizations, their role in discussing and resolving the most complex issues of international relations have necessitated the emergence of a separate branch in international law - the law of international organizations. The rules of law of international organizations are predominantly rules of a contractual nature, namely the law of organizations - one of the most codified branches of international law. The sources of this industry are the constituent documents of international organizations. This also includes the Vienna Convention on the Representation of States in Their Relations with International Organizations of a Universal Character of 1975, the Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations of 1986, agreements on the privileges and immunities of international organizations, etc.

However, despite the fact that international organizations, which are derivative subjects of international law, have an independent will, different from the simple aggregate of the wills of the states participating in the organization, their will, unlike the will of states, is not sovereign. Thus, the law of international organizations forms a set of rules governing legal status, organization's activities,

its interaction with other subjects of international law, participation in international relations.

In modern international relations, international organizations play a significant role as a form of cooperation between states and multilateral diplomacy.

The emergence of international organizations in the 19th century was a reflection and consequence of an objective trend towards the internationalization of many aspects of society. 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 stage in their development was the establishment of the first international universal organizations - the Universal Telegraph Union (1865) and the Universal Postal Union (1874), which had a permanent structure.

An international organization is an organization established by an international treaty, designed to coordinate on an ongoing basis the actions of member states in accordance with the powers granted to it.

Similar definitions are found in international legal acts. Organizations go by a variety of names: organization, foundation, bank, union (Universal Postal Union), agency, center. It is known that the UN is called “United Nations” in other languages. All this does not affect the status of organizations.

Various criteria can be applied to classify international organizations. According to the nature of their membership, they are divided into interstate and non-governmental.

Based on the range of participants, international interstate organizations are divided into universal, open to the participation of all states of the world (UN, its specialized agencies), and regional, whose members can be states of the same region (Organization of African Unity, Organization of American States).

Interstate organizations are also divided into organizations of general and special competence. The activities of organizations of general competence affect all areas of relations between member states: political, economic, social, cultural, etc. (for example, the UN, OAU, OAS).

Organizations of special competence are limited to cooperation in one special area (for example, the Universal Postal Union, the International Labor Organization, etc.) and can be divided into political, economic, social, cultural, scientific, religious, etc.

Classification by the nature of powers allows us to distinguish between interstate and supranational or, more precisely, supranational organizations. The first group includes the vast majority of international organizations whose purpose is to organize interstate cooperation and whose decisions are addressed to member states. The goal of supranational organizations is integration. Their decisions apply directly to citizens and legal entities of member states. Some elements of supranationality in this understanding are inherent in the European Union (EU).

From the point of view of the procedure for joining them, organizations are divided into open (any state can become a member at its own discretion) and closed (admission to membership is carried out with the consent of the original founders).

The term “international organizations” is used, as a rule, in relation to both interstate (intergovernmental) and non-governmental organizations. However, their legal nature is different.

An interstate organization is characterized by the following features: membership of states; existence of a constituent international treaty; permanent organs; respect for the sovereignty of member states. Taking these features into account, it can be stated that an international intergovernmental organization is an association of states established on the basis of an international treaty to achieve common goals, having permanent bodies and acting in the common interests of member states while respecting their sovereignty. Such organizations are subjects of international law.

The main feature of non-governmental international organizations is that they were not created on the basis of an interstate treaty and unite individuals and/or legal entities (for example, the Association of International Law, the League of Red Cross Societies, the World Federation of Scientists, etc.).

All this determines the international legal personality of the organization, the will of which does not necessarily coincide with the will of each of its members.

International organizations are bodies for cooperation between states; they are not supranational in nature. The International Court of Justice has repeatedly emphasized that there is nothing in the nature of international organizations that would allow them to be considered as something like a superstate. The organization has only the competence that states have vested in it.

At the same time, today there are supranational, supranational organizations. States have delegated to such organizations the exercise of certain sovereign powers. On certain issues they can make decisions that directly bind individuals and legal entities. Moreover, such decisions can be made by a majority vote. These organizations have a mechanism to enforce their decisions.

The European Union has supranational powers. At the same time, supranational powers are limited to certain areas. The extension of these powers to all spheres of state life would mean the transformation of a supranational organization into a federal state. Specialized organizations have some features of a supranational organization, although in general they are not such. Organizations such as the International Telecommunication Union (ITU) or the International Civil Aviation Organization (ICAO) enforce their standards quite strictly. Violation of the rules developed by these organizations practically means the impossibility of conducting relevant activities on an international scale.

The founding act of an organization is an international treaty. Because of this, the law of international treaties applies to it. At the same time, the charter is a special kind of agreement. According to the 1969 and 1986 Vienna Conventions on the Law of Treaties, their provisions apply to a treaty that is the constituent instrument of an organization, without prejudice to any relevant rules of that organization. The rules of an organization mean not only the charter itself, but also decisions and resolutions adopted in accordance with it, as well as the established practice of the organization. The specificity of the charter as an agreement relates primarily to the procedure for participation and termination of participation.

A very special position in international law is occupied by the UN Charter, which is considered as a kind of constitution of the world community. According to the Charter, in the event of a conflict with other obligations of member states, the obligations under the UN Charter shall prevail.

Growing need for improved controllability international system determines the expansion of the powers of organizations, which are mainly determined by the charters. Revising statutes is a complicated matter. Used as output real development their content. For these purposes, resort to two main means: implied powers and dynamic interpretation of statutes.

Implied powers are additional powers of an organization that are not directly provided for by its charter, but are necessary to achieve its goals.

International treaties refer to such powers. They were also confirmed in the acts of the International Court.

In the Advisory Opinion on the WHO's request on the legality of the state's use of nuclear weapons in Armed Conflict (1996), the Court, drawing on previous international jurisprudence, determined: “The exigencies of international life may make it necessary for organizations, in order to achieve their objectives, to have additional powers not expressly provided for in the fundamental instruments governing their activities. It is generally accepted that international organizations may exercise such powers, known as "implied" powers."

Dynamic interpretation means such an interpretation of the charter that develops its content in accordance with the needs of the organization in the effective implementation of its functions. Swedish professor O. Bring writes: “During recent years We are seeing the United Nations Charter being interpreted flexibly and dynamically to meet the pressing needs of the global community.

Today the UN is not at all the organization it was in the early years of its existence. Changes occur without a formal change in the statutes as a result of practices recognized by member states. The customary rules developed in this way have become an important part of the law of every organization.

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1. Concept, characteristics and classification of international organizations

2. The procedure for creating and terminating the activities of international organizations

3. Legal status

4. Bodies of international organizations

5. The United Nations as an example of an international intergovernmental organization

6. The importance of international organizations in the modern world

1. Concept, characteristics and classification of international organizations

In modern international relations, international organizations play a significant role. Since the 19th century, the desire to internationalize many aspects of society has necessitated the creation of a new form of international cooperation. A new stage in the development of the world community was the establishment of the first international universal organizations - the Universal Telegraph Union in 1865 and the Universal Postal Union in 1874. Currently, there are more than 4 thousand international organizations with various legal status. This allows us to talk about a system of international organizations, the center of which is the UN (United Nations).

It should be noted that the term “international organizations” is used, as a rule, in relation to both interstate (intergovernmental) and non-governmental organizations. Their legal nature is different.

An international intergovernmental organization (IGO) is an association of states established by treaty to achieve common goals, having permanent bodies and acting in the common interests of member states while respecting their sovereignty. MMPO can be classified:

a) by subject of activity - political, economic, credit and financial, trade, health, etc.;

b) in terms of the range of participants - universal (i.e. for all states - UN) and regional (Organization of African Unity);

c) according to the procedure for admitting new members - open or closed;

d) by field of activity - with general (UN) or special competence (UPS);

e) according to the goals and principles of activity - legal or illegal;

f) by the number of members - world (UN) or group (WHO).

Signs of MMPO:

1. Membership of at least 3 states;

2. Permanent bodies and headquarters;

3. Availability of a constituent agreement;

4. Respect for the sovereignty of member states;

5. Non-interference in internal affairs;

6. Established decision-making procedure.

For example, the North Atlantic Treaty Organization (NATO), founded in 1949, has the following characteristics of an MMPO:

1. NATO members today are Belgium, Great Britain, Greece, Holland, Denmark, Iceland, Spain, Italy, Canada, Luxembourg, Norway, Portugal, USA, Turkey, France and Germany.

2. Headquarters - Brussels. NATO body is the NATO Council, headed by the Secretary General.

2. The procedure for creating and terminating the activities of international organizations

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

a) political, ideological, socio-economic, trade union;

b) women's organizations for the protection of family and childhood;

c) youth, sports, scientific, cultural and educational;

d) in the field of print, cinema, radio, television, etc.

Examples include the Association of International Law and the League of Red Cross Societies.

International organizations are secondary or derivative subjects of international law and are created (established) by states. The process of creating an MO includes three stages:

1. Adoption of the organization’s constituent documents.

2. Creation of its material structure.

3. Convening of the main bodies - the beginning of functioning.

The most common way to create an international agreement is to conclude an international treaty. The names of this document may vary:

Statute (League of Nations);

Charter (UN or Organization of American States);

Convention (Universal Postal Union), etc.

International organizations can also be created in a simplified form - by a decision of another international organization. This practice is most often resorted to by the UN, creating autonomous organizations with the status of a subsidiary body of the General Assembly.

The coordinated expression of the will of the member states of the International Defense Organization also constitutes the termination of its existence. Most often, the liquidation of an organization is carried out by signing a protocol on dissolution. For example, on June 28, 1991, the Council was liquidated in Budapest Economic Mutual Assistance. Bulgaria, Hungary, Vietnam, Cuba, Mongolia, Poland, Romania, the USSR and Czechoslovakia signed a Protocol on the dissolution of the organization. A liquidation committee was created to resolve disputes and claims.

3. Legal status

It is currently recognized that states, when establishing international organizations, endow them with a certain legal capacity and legal capacity, thereby creating a new subject of law that carries out law-making, law enforcement and law enforcement functions in the field of international cooperation. However, this does not mean that the legal status of an international organization is identical to the status of the state, the main subject of international law. The difference between the legal capacity of organizations is the smaller and predominantly targeted (functional) nature of the powers.

One of the components of the legal status of an international organization is contractual legal capacity, i.e. the right to conclude a wide variety of agreements within its competence. It is fixed in general situation(any agreements) or in a special provision (certain categories of agreements and certain parties).

IOs have the ability to participate in diplomatic relations. They may have representative offices in states (for example, information centers UN) or representations of states are accredited to them.

MOs and their officials enjoy privileges and immunities.

As subjects of international law, IOs are responsible for offenses and damage caused by their activities and can make liability claims.

Each IO has financial resources, which are usually made up of contributions from member states and are spent in the general interests of the organization.

And finally, MOs act with all rights legal entity according to the internal law of states, in particular, the right to enter into contracts, acquire and dispose of movable and immovable property, and recruit personnel on a contract basis.

4. Bodies of international organizations

Ministry of Defense bodies - component MO, its structural link, which is created on the basis of the constituent or other acts of the MO. The body is endowed with certain competence, powers and functions, has an internal structure and a procedure for making decisions. The most important body of the Defense Ministry is the intergovernmental body, to which member states send their representatives acting on their behalf. It is not at all necessary that the representative be a diplomat; sometimes it is necessary that he be an expert in the field of the organization’s activities.

Based on the nature of their membership, bodies can be classified as follows:

Intergovernmental;

Interparliamentary (typical for the European Union. Consists of parliamentary delegates elected in proportion to the population);

Administrative (from international officials serving in the Ministry of Defense);

Consisting of persons in their personal capacity, etc.

IN Lately In the activities of a number of international organizations, there is a tendency to increase the role of bodies of limited membership, for which composition is important (this is especially true for the UN). Bodies must be staffed in such a way that the decisions they make reflect the interests of all states.

5. The United Nations as an example of an international intergovernmental organization

international intergovernmental organization

On August 14, 1941, US President Franklin Delano Roosevelt and Prime Minister of the United Kingdom Winston Churchill signed a document pledging to “work together with other free peoples, in war and in peace.” The set of principles of international cooperation in maintaining peace and security was subsequently called the Atlantic Charter. The first outlines of the UN were drawn at the Washington Conference in September-October 1944, where the United States, the United Kingdom, the USSR and China agreed on the goals, structure and functions of the future organization. On April 25, 1945, delegates from 50 countries met in San Francisco for the Meeting of the United Nations (the name first proposed by Roosevelt) and adopted a Charter consisting of 19 chapters and 111 articles. On October 24, the Charter was ratified by the 5 permanent members of the Security Council and the majority of signatory states and entered into force. Since then, October 24 has been called UN Day in the international calendar.

The UN is a universal international organization created to maintain peace and international security and develop cooperation between states. The UN Charter is binding on all states and its preamble reads: “We, the peoples of the United Nations, determined to save succeeding generations from the scourge of war, to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and in the equality rights of nations large and small and to create conditions under which justice and respect for obligations can be observed and for these purposes to practice tolerance and live together in peace with each other as good neighbors, to unite our forces for the maintenance of international peace and security, to ensure, so that the armed forces are used only in the common interests, we have decided to unite our efforts to achieve these goals.”

The UN principles are:

Sovereign equality of all its members;

Conscientious fulfillment of obligations under the Charter;

Resolution of international disputes by peaceful means;

Refusal from the threat or use of force against the territorial integrity or political independence of any state;

Ensuring that non-UN member states act in accordance with UN principles when necessary to maintain international peace and security;

Non-interference in the internal affairs of states;

Respect for fundamental human rights and freedoms;

Equality and self-determination of peoples;

Cooperation and disarmament.

The main organs of the UN are the General Assembly, the Security Council, the Economic and Social Council, the Secretariat and the International Court of Justice.

Admission to membership of the Organization is open to all peace-loving states that accept obligations under the Charter and who are able and willing to fulfill these obligations. Admission is carried out by resolution of the General Assembly on the recommendation of the Security Council.

The General Assembly is a deliberative representative body in which all UN member states are represented.

Structure of the General Assembly:

1. Chairman.

2. Deputy chairmen (17).

3. Main committees:

On political and security issues;

On economic and financial issues;

On social, humanitarian and cultural issues;

On Trusteeship and Non-Self-Governing Territories;

For legal issues.

4. Committees:

On administrative and budgetary issues;

By contributions;

On decolonization;

On the issue of apartheid policy;

By atomic energy;

On the use of outer space;

On disarmament and so on.

5. Sessional bodies: General Committee and Credentials Committee.

6. Commissions:

Audit;

International Law;

For human rights, etc.

The General Assembly holds annual regular sessions, which open on the third Tuesday in September, as well as special (convened on any issue if demands come from the Security Council) and emergency sessions, which are convened within 24 hours of the Secretary General receiving a request from the Security Council and supported by votes of any members of the Council in the following cases:

1) if there is a threat to peace;

2) there was a violation of the peace or an act of aggression and the members of the Security Council did not come to a solution to the issue.

In accordance with the UN Charter, the General Assembly plays a significant role in the activities of the UN. She makes a significant contribution to the development and preparation of a number of important international documents and the codification of the principles and norms of international law.

The General Assembly is a democratic body. Each member, regardless of the size of the territory, population, economic and military power, has 1 vote. Decisions on important issues are made by a 2/3 majority of the Assembly members present and voting. States that are not members of the UN, those with permanent observers at the UN (Vatican City, Switzerland) and those without, can take part in the work of the General Assembly.

The General Assembly is headed by the Secretary General, who is appointed by the General Assembly on the recommendation of the Security Council for a 5-term term, after which he can be appointed again. The first UN Secretary General was the Norwegian Trygve Lie in 1946. Currently (since 1997) this post is held by Kofi Annan. The Secretary General makes efforts to resolve conflicts between states and has the right to bring to the Security Council information about disputes that, in his opinion, threaten international peace and security. He also gives directives to departments, directorates and other organizational units of the UN Secretariat and coordinates all activities of the UN system. As the main thing executive The Secretary participates in all meetings of the General Assembly, the Security Council, and also performs other functions assigned to him by these bodies.

Security Council.

The competence of the Security Council includes consideration of issues of maintaining international peace and security, peaceful resolution of disputes, adoption of coercive measures, recommendations for admission to the UN and expulsion from the UN, as well as the appointment of the Secretary General, elections of members of the International Court.

The Security Council consists of 15 members. Five are permanent (Russia, USA, UK, France and China), and the remaining 10 seats are distributed as follows:

3 places - Africa;

2 Latin America;

2 Zap. Europe, Canada, Australia, New Zealand

1 Eastern Europe.

Decisions on procedural issues are considered adopted if any 9 members of the Council vote for them. Decisions on all other matters require at least nine votes, including the concurring votes of all permanent members. This means that it is enough for one or several permanent members of the Security Council to vote against any decision - and it is considered rejected. In this case, they speak of a veto by a permanent member. The abstention of a permanent member or his non-participation in voting according to the generally accepted rule is not considered a veto.

In accordance with the UN Charter, the Security Council has exceptionally great powers in preventing war and creating conditions for peaceful and fruitful cooperation between states. Recently, there has been virtually no important international event (with the exception of the bombing of Iraq by American military forces without UN sanction in December 1998) that threatened the world and caused disputes between states, to which the Security Council did not pay attention.

The Security Council can adopt legal acts of two kinds: recommendations, i.e. acts providing for certain methods and procedures with which the state is asked to conform its actions, and legally binding decisions, the implementation of which is ensured by the coercive force of all UN member states. The main form of recommendations and binding decisions adopted by the Security Council are resolutions, of which more than 700 have been adopted. Statements by the Chairman of the Council have recently begun to play an increasingly prominent role (their number has exceeded 100).

Functions of the UN Security Council:

1.2. Exercises control over the management of strategic territories;

1.3. Determines the conditions for the participation of non-UN member states in the Statute of the International Court of Justice;

2. In case of a dispute between states:

2.1. Makes demands for a peaceful settlement of the dispute;

3. In case of violation of peace, aggression:

3.1. Decides to classify actions as aggression;

3.2. Signs agreements with UN member states on the provision of armed forces;

3.3. Uses formed military forces for disengagement, surveillance and security;

4. In situations that pose a threat to peace:

4.1. Breaks diplomatic relations;

4.2. Terminates economic ties;

4.3. Stops air services;

4.4. Stops rail services;

4.5. Stops postal and telegraph communications;

4.6. Blocks ports;

4.7. Demonstrates armed force, etc.

For example, here are several current UN peacekeeping operations.

UN Iraq-Kuwait Observation Mission:

Valid from April 1991 to present;

Current strength - 1149 people;

Approximate amount of annual expenses: 70 million dollars. USA.

UN Interim Force in Lebanon:

In force since March 1978.

Current number - 5219 people;

Approximate amount for the year: $138 million. USA.

UN Observer Mission in Georgia:

Since August 1993

Approximate amount: 5 million dollars. USA

Current headcount: 55 people.

The UN's peacekeeping costs are financed from its own separate accounts through legally binding contributions assessed to all member states.

UN specialized agencies.

These are intergovernmental organizations of a universal nature that cooperate in special areas and are associated with the UN. The connection is established and formalized by an agreement concluded by the Economic and Social Council (ECOSOC) and approved by the UN General Assembly. There are currently 16 such organizations. They can be divided into the following groups:

Social character (International Labor Organization ILO and World Organization WHO Health);

Cultural and humanitarian nature (UNESCO - Education, Science and Culture, WIPO - World Intellectual Property Organization);

Economic (UNIDO - on industrial development);

Financial (IBRD, IMF, IDA - International Association Development, IFC - International Finance Corporation);

In area Agriculture(FAO - Food and Agriculture Organization, IFAD - Fund for Agricultural Development);

In the field of transport and communications (ICAO - civil aviation, IMO - maritime, UPU, ITU - telecommunication union);

In the field of meteorology (WMO).

6. The importance of international organizations in the modern world

The ILO is the oldest international organization. Created in Paris in 1919 as an autonomous organization of the League of Nations. Its Charter was revised in 1946 and brought into conformity with the founding documents of the UN. The UN headquarters is located in Geneva (Switzerland).

The purpose of the ILO is to contribute to the establishment of lasting peace by promoting social justice and improving working conditions and living standards of workers. The ILO has representative offices in the capitals of a number of member states, including Moscow.

WHO - established in 1946 at the International Health Conference in New York. Its goal is for all peoples to achieve the highest possible level of health. WHO's main activities:

Fighting infectious diseases;

Development of quarantine and sanitary rules;

Problems of a social nature.

In 1977, WHO set the goal that by the year 2000, all inhabitants of the Earth would achieve a level of health that would allow them to lead a socially and economically productive lifestyle. To implement this program, a global strategy has been developed that requires the combined efforts of governments and peoples.

Within WHO there are 6 regional organizations: countries of Europe, Eastern Mediterranean, Africa, North and South America, Southeast Asia, Western Pacific.

UNESCO - established in 1945 at the London Conference. The headquarters is located in Paris.

UNESCO's objectives are to promote peace and security through the development of international cooperation in the field of education, science and culture, and the use of the media.

UNIDO is the UN industrial development organization. Created by a resolution of the UN General Assembly in 1966. Since 1985 it has been a specialized agency of the UN. Location - Vienna (Austria). The goals are to promote the industrial development of developing countries and assist in the establishment of a new international economic order.

International Civil Aviation Organization (ICAO) - established in 1944 at a conference in Chicago. Created to develop the principles and methods of international air navigation, ensure flight safety on international airlines, and promote the planning and development of international air transport.

The UPU is the first international organization (since 1874). The text of the founding convention was subsequently revised many times. Headquarters - Bern (Switzerland). The UPU aims to ensure and improve postal relations. All UPU member countries form a single postal territory, in which three basic principles apply:

1. Unity of the territory.

2. Freedom of transit.

3. Uniform tariff.

IAEA is the international atomic energy agency. Created by decision of the UN in 1956 in New York. Headquarters - Vienna.

It does not have the status of a UN specialized agency. In accordance with the Charter, it must submit annual reports on its activities to the General Assembly. The organization aims to promote the development of international cooperation in the field of peaceful uses of nuclear energy. One of the Agency's main functions is to apply a system of controls (safeguards) to ensure that nuclear materials and equipment intended for peaceful uses are not used for military purposes. Control is carried out on site by IAEA inspectors. Russia, the USA, Great Britain, France and China have voluntarily placed some of their peaceful nuclear installations under Agency guarantees. In connection with the sanctions decided by the Security Council against Iraq, the IAEA, since 1992, has carried out inspections of Iraqi military facilities to prevent the production of nuclear weapons.

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The concept of international organizations.

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