Most modern states in the 21st centuryinteract with each other when solving certain issues. At the same time, international activities today concern many intra-national issues. For example, trade, politics, medicine and other similar areas are increasingly moving to the world level. Of course, globalization, and this is precisely what is called this process, is a positive factor. It allows you to engage more people in the development of any issues. 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 governed by the same name legal branch. The latter has its own specifics and certain subjects that enter into legal relations.
The most specific subjects of internationalRights are intergovernmental organizations. In their regard, there is currently no single legal opinion among scholars. 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.
International law
Of course, any legal phenomenon is necessary.viewed from the perspective of the industry that directly regulates it. Intergovernmental organizations - is the subject of the industry of the same name. They represent a set of legal norms that govern relations between countries, organizations, communities. At the same time in such a relationship must necessarily be a foreign element. This key factor distinguishes international law from other, more classical legal industries that exist in national legal systems.
Subject composition
One specific feature of international lawis the composition of persons who may take part in the industrial relationship. In the classical theory of jurisprudence, it is customary to divide the subjects of a particular sphere of regulation into legal and natural persons. There is no such gradation in international law, because people are not its subjects, although many scholars try to prove the opposite. Nevertheless, to participate in industry relations can:
- directly state;
- orders and alliances;
- organizations engaged in the representation of any people;
- expelled governments;
- free cities and subjects of political and territorial structure of a country;
- intergovernmental, non-governmental organizations.
Thus, the subjects represented aredirect 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 rules. Therefore, no one can give a guarantee that after a certain period of time the precedent of the belonging of other persons to the institute of the subjects of the above mentioned industry will not be deduced.
The concept of international intergovernmental organizations
Any legal phenomenon, institution, rule orthe same rule 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 doctrine level. The most general concept is that an international intergovernmental organization is the actual unification 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 of their “birth” is nothing but a multilateral treaty.
The history of the subject
Of course, intergovernmental intergovernmentalorganizations did not always exist. Moreover, the very concept of these subjects appeared in the period between the XIX and XXI centuries. The bottom line is that such organizations have become a form of multilateral diplomacy. But only in the middle of the 20th century, in a resolution of the UN Economic and Social Council, the official definition of such a subject was given. Since then, intergovernmental organizations have become full participants in international relations. Regulatory tightness gave impetus to the development of rules, forms of activity and signs of such subjects. Therefore, in the 21st century, the existence and activity of these subjects does not raise any questions.
Intergovernmental and non-governmental international organizations: differences
Сегодня можно встретить множество схожих между are legal categories. These include non-governmental and international intergovernmental organizations. Subjects of international law of the two types are substantially different among themselves. The main demarcation factor is the moment of direct creation. Non-governmental organizations are established by private individuals. In addition, there is no commercial interest in their activities.
There are three main criteria that such actors must meet.
- Firstly, their activity is voluntary in all cases, while intergovernmental organizations follow a certain line in their work.
- Secondly, the goals of such subjects are global. They are aimed at achieving any international legal interests.
- Thirdly, the foundation of organizations of this kind occurs on a private basis. In addition, they are not entities of a territorial type.
Thus, intergovernmental and non-governmental organizations are two completely different subjects, the legal basis of which is significantly different.
What are signs of an intergovernmental organization?
If we are talking about any legalInstitute, it is imperative to mention its key features. In theory of law, they are called signs. They represent those features that distinguish a legal phenomenon from a 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 respond to a number of specific points, then it cannot be recognized as intergovernmental. Thus, the definition of signs is an important aspect of the work of the subject mentioned in the article.
Features of intergovernmental organizations
Scientists identify many key points presented by the subjects. However, the most important are only six basic signs.
- First of all, the subjects of intergovernmental organizations are mandatory sovereign states.
- The second key sign is their contractualthe foundation. The constituent act is the basic legal fact of the creation of an intergovernmental organization. In such a document you can find statements about the principles, forms and directions of its activities, management bodies, structure, participants and their competencies, as well as other similar issues.
- An integral feature of the organization is the presence of economic, political, cultural or other purposes.
- Mandatory intergovernmental organizations, or rather their activities, are controlled by special bodies established on the basis of the memorandum of association.
- The legal basis and the activities of the organization must comply with the norms and principles of international law.
- The last specific feature of such a subject is its legal personality.
Thus, the presented signsinternational intergovernmental organization characterize the subject as a participant in a certain type of legal relations. In order for an organization to interact at the global level, it must meet all the features listed above without exception.
Features of legal personality
The subject of any relationship must havedefined legal status. This category can be described as legal personality. It consists of two interrelated elements: legal capacity and 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 a treaty between countries, but they do not possess sovereignty. That is, the legal capacity and capacity of intergovernmental organizations arise from the moment of their direct creation. In the course of their activities, the associations are official representatives of the participating parties. His work guarantees the fulfillment of the goals 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 the general decision of certain countries. To this end, a memorandum of association is concluded between future members of the association.
As mentioned earlier in this documentthe statements on the work of the association, its management bodies, the purposes of creation, members, etc. are presented. Subjects of creation will hereinafter be referred to as “founding states”. They 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 absolutely the same. Nevertheless, the treaty may well provide for restrictions for the powers that were included in the union later than its creation.
Management bodies of the organization
Intergovernmental associations, or rather theiractivity must be regulated by something. A contract is the legal aspect of coordinating the work of an entity, and the governing bodies are organizational. As a rule, management is divided into primary and secondary. The bodies of the first type are created on the basis of the memorandum of association and deal with the most important issues of the intergovernmental organization. Additional or subsidiary bodies are temporary in nature, and their creation occurs in order to regulate specific processes.
Conclusion
So, in the article we identified the key featuresintergovernmental international organizations. Of course, further theoretical and legal development of such subjects is necessary, because they are increasingly found in the world today.
