Most modern states in the 21st century interact with each other in resolving certain issues. At the same time, international activity today touches on many domestic issues. For example, trade, politics, medicine and other similar areas 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 any problems. 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 industry of the same name. The latter has its own specifics and certain entities that enter into legal relations.
The most specific subjects of international law are intergovernmental organizations. There is currently no single legal opinion among scientists regarding them. Therefore, the legal status of international intergovernmental organizations is characterized by a huge number of features that significantly distinguish this subject from other parties in relations between countries.
International law
Of course, any legal phenomenon must be considered from the perspective of the industry, which directly regulates it. Intergovernmental organizations are the subject of the industry of the same name. They are a set of legal norms that govern relations between countries, organizations, communities. At the same time, a foreign element must 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 individuals who may be involved 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 and physical persons. There is no such gradation in international law, because people are not its subjects, although many scientists are trying to prove the opposite. Nevertheless, they can participate in industry relations:
- directly to the state;
- orders and unions;
- organizations that represent any people;
- exiled governments;
- free cities and subjects of the political and territorial structure 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. Indeed, all international law for the most part is a set of contractual norms. Therefore, no one can guarantee that after a certain period of time the precedent of belonging of other persons to the institute of subjects of the mentioned industry 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 agreements and at the level of doctrine. The most general concept is that an international intergovernmental organization is the actual union of several independent, sovereign states. In this case, the goal 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” becomes nothing more than a multilateral treaty.
Subject History
Of course, interstate intergovernmental organizations did not always exist. Moreover, the very concept of these entities appeared between the 19th and 21st centuries. The bottom line is that organizations of this kind 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 an official definition of such an entity was given. From that moment on, intergovernmental organizations became full-fledged participants in international relations. Regulatory fixation gave impetus to the development of rules, forms of activity and signs of such entities. Therefore, in the XXI century, the existence and activities of these entities does not raise any questions.
Intergovernmental and non-governmental international organizations: differences
Today you can find many similar legal categories. Among these are non-governmental and international intergovernmental organizations. The subjects of international law of the two types presented are significantly different from each other. The main delimiting 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 entities must meet.
- Firstly, their activities in all cases are voluntary, while intergovernmental organizations adhere to a certain line in their work.
- Secondly, the goals of such entities are global. They are aimed at achieving any international legal interests.
- Thirdly, the establishment of organizations of this kind takes place on a private basis. Moreover, they are not entities of a territorial type.
Thus, intergovernmental and non-governmental organizations are two completely different entities, the legal basis of which is significantly different.
What are signs of an intergovernmental organization?
If we are talking about any legal institution, it is imperative to mention its key features. In the theory of law, they are called features. They represent those features that distinguish a 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. Moreover, they play an important practical role. If the organization does not meet a number of certain points, then it is impossible to recognize it 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 highlight many key points of the subjects presented. However, the most important are only six key features.
- First of all, the subjects of intergovernmental organizations are, without fail, sovereign states.
- 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 you can find statements about the principles, forms and directions of its activities, governing 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 goals.
- Mandatory intergovernmental organizations, or rather their activities, are controlled by special bodies created on the basis of a memorandum of association.
- The legal basis and activities of the organization must comply with the norms and principles of international law.
- The last specific feature of such a subject is his 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 this or that organization to be able to enter into interaction at the world level, it must meet all the characteristics 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 legal personality. It consists of two interconnected elements: legal capacity and legal capacity. The legal personality of intergovernmental organizations is characterized by its own specificity, which far from always meets the classical canons of law. The bottom line is that the entities 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 possess sovereignty. That is, the legal capacity and legal capacity of intergovernmental organizations arises from the moment of their direct creation. In the course of their activities, 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 participants.
Subject creation process
International intergovernmental organizations are created by a common decision of certain countries. For this, a future constituent agreement is concluded between the future members of the association.
As mentioned earlier, this document presents 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 the “founding states” in the future. 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 exactly the same. Nevertheless, the treaty may well provide for restrictions on the powers that were included in the association later than its creation.
Management bodies of the organization
Intergovernmental associations, or rather, their activities should be regulated by something. A contract is a legal aspect of coordinating the work of a subject, and management bodies are organizational. As a rule, management is divided into primary and secondary. Bodies of the first kind are created on the basis of a memorandum of association and deal with the most important issues of the activities of an intergovernmental organization. Additional or subsidiary bodies are temporary in nature, and their creation takes place with the aim of regulating specific processes.
Conclusion
So, in the article we 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.