International intergovernmental organizations

Most modern states in the 21st century interact with each other in solving certain issues. At the same time, international activity concerns many domestic issues today. For example, trade, politics, medicine and other such spheres are increasingly moving to the world level. Of course, globalization, and this is what this process is called, is a positive factor. It allows you to involve more people in the development of a problem. In addition, globalization affects the process of mutual exchange of information and cultural characteristics between different states. At the same time, it should be noted that the international sphere is regulated by the same legal branch. The latter has its own specifics and certain subjects who enter into legal relations.

The most specific subjects of international law are intergovernmental organizations. On their behalf, 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.

International law

Of course, any legal phenomenon must be viewed from the position of the industry that directly regulates it. Intergovernmental organizations are a subject of the same name. They are a set of legal norms that regulate relations between countries, organizations, communities. In this respect, 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 this or that sphere of regulation into legal entities and individuals. In international law, there is no such gradation, because people are not its subjects, although many scientists are trying to prove the opposite. Nevertheless, it is possible to participate in sectoral relations:

• Directly state;
• Orders and unions;
• Organizations that represent the representation of a people;
• Expelled governments;
• Free cities and subjects of political and territorial organization of a country;
• Intergovernmental, non-governmental organizations.

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

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 common notion is that an international intergovernmental organization is the actual unification of several independent, sovereign states. In this case the great value has the purpose of creation of the similar subject. 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 treaty.

History of appearance of the subject

Of course, interstate intergovernmental organizations 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 the resolution of the UN Economic and Social Council gave an official definition of such a subject. Since that moment, intergovernmental organizations have become full participants in international relations. Normative tightness gave impetus to the development of rules, forms of activity and attributes of similar subjects. Therefore, in the 21st century, the existence and activity of the above-mentioned subjects does not raise any questions.

Intergovernmental and non-governmental international organizations: differences

Today, you can meet many similar legal categories. These include non-governmental and international intergovernmental organizations. The subjects of international law of the two types are essentially different. The main demarcating 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 to which such actors must respond.

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

Thus, the organizations intergovernmental and non-governmental are two completely different subjects, the legal basis of which differs significantly.

What are the signs of an intergovernmental organization?

If we are talking about any legal institution, then it is necessary to mention its key features without fail. In law theory, they are called signs. They are those features that distinguish a legal phenomenon from the mass of others. Signs of the intergovernmental organization, as we understand, also exist in the theory of the same industry. In doing so, they play an important practical role. If the organization does not meet a number of certain points, it can not be recognized as an intergovernmental one. Thus, the definition of attributes is an important aspect of the work of the subject mentioned in the article.

Features of intergovernmental organizations

Scientists identify many key points of the subjects. However, the most important are only six basic features.

1. First of all, 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 it is possible to find statements about the principles, forms and directions of its activities, management bodies, structure, participants and their competence, as well as other similar issues.
3. An integral part of the organization is the existence of economic, political, cultural or other purposes.
4. On a mandatory basis, intergovernmental organizations, or rather their activities, are controlled by special bodies created on the basis of the constituent treaty .
5. The legal basis and activities of the organization must meet the norms and principles of international law.
6. The last specific feature of such a subject is his legal personality.

Thus, the presented characteristics 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 at the world level, it must meet all the features mentioned above without exception.

Features of legal personality

The subject of any relationship must have a certain legal status. This category can be described as a legal personality. It consists of two interrelated elements: legal capacity and capacity. The legal personality of intergovernmental organizations is characterized by its own specifics, 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 immediate creation. In the course of their activities associations are official representatives of the parties-participants. His work guarantees the fulfillment of the goals for which the states founded the organization. Thus, the legal personality of intergovernmental associations is substantially limited by the interests of its participants.

The process of creating a subject

International intergovernmental organizations are created by a common solution of certain countries. For this purpose, a constituent agreement is concluded between future members of the association.

As mentioned earlier, this document contains statements on the activities of the association, its management bodies, the purposes of creation, members, etc. The entities of creation will hereinafter be referred to as "the founding states". They will decide on the possibility of including other powers in the organization. Usually, the legal status of the founding states and adopted countries is exactly the same. Nevertheless, the treaty may well provide for restrictions for the powers that were included in the union after its creation.

Management bodies of the organization

Intergovernmental organizations, or rather, their activities should be regulated by something. The contract is a legal aspect of coordinating the work of the entity, and the governing bodies are organizational. Typically, the management is divided into basic and additional. Bodies of the first type are created on the basis of the constituent agreement and deal with the most important issues of the intergovernmental organization. Additional or auxiliary bodies are temporary, and their creation is aimed at regulating 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 entities is necessary, because they are increasingly found in the world today.