Give the concept of the law of international organizations. The concept and sources of law of international organizations. "Internal" and "external" law of international organizations

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LAW OF INTERNATIONAL ORGANIZATIONS

Introduction

1. Concept and sources of law international organizations

2. UN: charter, goals, principles, membership

3. UN system

4. Regional international organizations: Commonwealth of Independent States, Council of Europe, European Union

Conclusion

Literature

Introduction

One of the most important organizational and legal forms of interstate cooperation is such a subject of international law as international organizations.

International organizations arose in the late 19th and early 20th centuries. In 1874, the Universal Postal Union was created, in 1919 - the International Labor Organization, etc. The first international political organization was the League of Nations, established in 1919 in accordance with the provisions of the Versailles system and formally existed until 1946.

After the Second World War, hundreds of international organizations were established, including the UN, UNESCO, LAS, NATO, the Department of Internal Affairs, etc., which allows us to conclude that there is an independent branch of international law - the law of international organizations.

The law of international organizations consists of two groups of international norms, forming: firstly, the "internal law" of the organization (the rules governing the structure of the organization, the competence of its bodies and the procedure for working, the status of personnel, other legal relations) and, secondly, the "external law "organizations (norms of agreements of the organization with states and other international organizations).

1. The concept and sources of law of international organizations.

Types of international organizations

The rules of law of international organizations are predominantly treaty rules, and the law of organizations itself is one of the most codified branches of international law. 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 others.

Thus, the law of international organizations forms a set of rules governing the legal status, activities of the organization, interaction with other subjects of international law, participation in international relations.

International organizations as secondary, derivative subjects of international law are created (established) by states. The process of creating a new international organization takes place in three stages: the adoption of a constituent document; creation of the material structure of the organization; convening of the main bodies, indicating the beginning of the functioning of the organization. international law cooperation un

The agreed expression of the will of states to establish an international organization can be fixed in two ways:

1) in an international treaty;

2) in the decision of an already existing international organization.

The first method is the most common in international practice. The conclusion of an international treaty involves the convening of an international conference to develop and adopt the text of the treaty, which will be the founding act of the organization. The names of such an act may be different: statute, charter, convention. The date of its entry into force is considered the date of creation of the organization.

International organizations can also be created in a simplified manner, in the form of a decision by another international organization. In this case, the agreed expression of the will of states to create an international organization is manifested by voting for a constituent resolution that enters into force from the moment it is adopted.

The termination of the existence of the organization also occurs through the agreed expression of the will of the member states. Most often, the liquidation of an organization is carried out by signing a dissolution protocol.

The legal nature of international organizations is based on the existence of common goals and interests of member states. For the legal nature of an international organization, it is essential that its goals and principles, competence, structure, etc. have an agreed contractual basis.

States, creating international organizations, endow them with a certain legal and legal capacity, recognizing their ability to: have rights and obligations; participate in the creation and application of international law; stand guard over the observance of international law. Thus, states create a new subject of international law, which, along with them, performs law-making, law enforcement and law enforcement functions in the field of international cooperation.

Various criteria can be applied to classify international organizations. By the nature of their membership, they are divided into interstate and non-governmental international organizations. The latter, although they play a significant role in the international arena, are not considered as subjects of international law, since they are created not by states, but by legal entities of various states.

According to the circle 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 subdivided into organizations of general and special competence. The activities of organizations of general competence affect all spheres 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.

According to the nature of powers, one can single out 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 the Member States. Some elements of supranationality in this sense 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).

An organ of an international organization means component international organization, its structural unit, created on the basis of the constituent or other acts of the international organization, endowed with certain competence, powers and functions, having an internal structure and having a certain composition.

The bodies of international organizations can be classified according to various criteria. Based on the nature of membership, it is possible to distinguish intergovernmental, inter-parliamentary, administrative bodies, consisting of persons in their personal capacity, with the participation of representatives of various social groups (for example, representatives from trade unions and entrepreneurs in the bodies of the International Labor Organization).

The most important bodies are intergovernmental, to which Member States send their representatives with appropriate powers and acting on behalf of governments.

Based on the number of members, two types of bodies can be distinguished: plenary, consisting of all member states, and bodies of limited composition. In organizations with the most democratic structure, the plenary body, as a rule, determines the policy of the organization.

2. UN: charter, goals, principles, membership

The United Nations (UN) is a universal international organization established to maintain peace and international security and development of cooperation between states. The UN Charter was signed on June 26, 1945 at the San Francisco Conference and entered into force on October 24, 1945.

The UN Charter is the only international document whose provisions are binding on all states. On the basis of the UN Charter, an extensive system of multilateral treaties and agreements concluded within the UN has emerged.

The founding document of the UN (UN Charter) is a universal international treaty and establishes the foundations of the modern international legal order.

The UN has the following goals:

1) maintain international peace and security and, to this end, take effective collective measures to prevent and eliminate threats to peace and suppress acts of aggression;

2) develop friendly relations between states on the basis of respect for the principle of equal rights and self-determination of peoples;

3) to carry out international cooperation in resolving international problems of an economic, social, cultural and humanitarian nature and in promoting respect for human rights;

4) to be the center for coordinating the actions of states in achieving these common goals.

To achieve these goals, the UN acts in accordance with the following principles:

1) sovereign equality of UN members;

2) conscientious fulfillment of obligations under the UN Charter;

3) resolution of international disputes by peaceful means;

4) renunciation of the threat or use of force against territorial integrity or political independence, or in any manner inconsistent with the UN Charter;

5) non-interference in the internal affairs of states;

6) rendering assistance to the UN in all actions taken under the Charter, ensuring by the Organization such a position that states that are not members of the UN act in accordance with the principles set forth in the Charter (Article 2), and a number of other principles.

At the same time, if the obligations of UN members under the Charter are in conflict with their obligations under any other international agreement, the obligations under the UN Charter shall prevail (Article 103 of the Charter).

The original members of the UN are the states that, having taken part in the San Francisco conference on the creation of the UN or having previously signed the Declaration of the United Nations of January 1, 1942, signed and ratified the UN Charter.

Any peace-loving state that accepts the obligations contained in the Charter and which, in the judgment of the UN, is able and willing to fulfill these obligations, can be a member of the UN. Admission to the UN membership is made by a decision of the General Assembly on the recommendation of the Security Council.

In the event that the Security Council takes coercive measures against any member of the UN, the General Assembly, on the recommendation of the Security Council, has the right to suspend the exercise of the rights and privileges arising from membership in the UN. A state that systematically violates the principles of the Charter may be expelled from the UN by a decision of the General Assembly on the recommendation of the Security Council.

At present, the UN continues to be the main instrument for maintaining international peace and security; within the framework of the UN, a large number of international treaties are being developed, decisions are being made to unblock international conflicts and ensure law and order and legality in international relations.

3. UN system

United Nations specialized agencies

There are six main organs of the UN: the General Assembly, the Security Council, the Economic and Social Council, the Trusteeship Council, the International Court of Justice and the Secretariat.

The General Assembly consists of all UN member states. The delegation of each UN member state consists of no more than five representatives and five substitutes.

The General Assembly is competent, within the framework of the UN Charter, to discuss any issues within the Charter, with the exception of those under consideration by the UN Security Council, to make recommendations to the members of the UN or to the Security Council on any such issues.

The General Assembly, in particular:

1) consider the principles of cooperation in the field of ensuring international peace and security;

2) elect non-permanent members of the UN Security Council, members of the Economic and Social Council;

4) jointly with the Security Council elects the members of the International Court of Justice;

5) coordinates international cooperation in the economic, social, cultural and humanitarian spheres;

6) exercise other powers provided for by the UN Charter.

The General Assembly works in session. Sessions of the General Assembly are held annually, in October - March. At the request of the Security Council or a majority of UN members, special or emergency sessions of the General Assembly may be convened. The work of the session takes place in the form of plenary sessions and meetings of committees and commissions.

There are seven main committees of the General Assembly, each of which represents all members of the UN: Committee on Political and Security Affairs (First Committee), Special Political Committee; Committee on Economic and Social Affairs (Second Committee); Committee on social, humanitarian issues(Third Committee); Trusteeship and Non-Self-Governing Territories Committee (Fourth Committee); Committee on Administration and Budget (Fifth Committee), Committee on legal matters(Sixth Committee).

In addition to the main committees, the General Assembly has established a large number of subsidiary committees and commissions.

The Security Council is one of the main organs of the UN and plays a major role in maintaining international peace and security.

The Security Council consists of 15 members: five permanent members (Russia, USA, Great Britain, France, China) and 10 non-permanent members elected in accordance with the UN Charter. The list of permanent members is fixed in the UN Charter. non-permanent members elected by the UN General Assembly for two years without the right to immediate re-election.

The Security Council is empowered to investigate any dispute or situation that may give rise to international friction or give rise to a dispute, to determine whether the continuation of this dispute or situation could threaten international peace and security. At any stage of such a dispute or situation, the Board may recommend an appropriate procedure or methods for settlement.

The parties to a dispute, the continuation of which may threaten international peace or security, have the right to independently decide to refer the dispute to the resolution of the Security Council. However, if the Security Council considers that the continuation of the dispute may threaten the maintenance of international peace and security, it may recommend such terms for the settlement of the dispute as it considers appropriate.

A non-member state may also draw attention to any dispute to which it is a party if, in respect of that dispute, it accepts the obligations stipulated in the UN Charter for the peaceful settlement of disputes in advance.

In addition, the Security Council determines the existence of any threat to the peace, any breach of the peace or act of aggression, and makes recommendations to the parties or decides what measures should be taken to restore international peace and security. The Council may require the parties to the dispute to comply with such provisional measures as it deems necessary. The decisions of the Security Council are binding on all UN members.

The Council is also empowered to decide what non-military measures should be taken to implement its decisions and to require the Members of the Organization to implement those measures. These measures may include a complete or partial interruption of economic relations, rail, sea, air, postal, telegraph, radio or other means of communication, as well as the severance of diplomatic relations.

If the Security Council considers that these measures prove or have proved insufficient, it may take such action by air, sea or land forces as may be necessary to maintain or restore peace and security. The Member States of the United Nations undertake to place at the disposal of the Council the armed forces necessary for the maintenance of peace.

At the same time, it must be taken into account that the UN Charter in no way affects the inalienable right of each state to individual or collective self-defense in the event of an armed attack on a UN member until the Security Council takes appropriate measures to maintain peace and security.

Each member state of the Security Council has one representative here. The Security Council shall establish its own rules of procedure, including the manner in which its President is elected.

Decisions in the Security Council on questions of procedure are considered adopted if they are voted by nine members of the Council. On other matters, decisions shall be considered adopted when they are voted by nine members of the Council, including the concurring votes of all the permanent members of the Council, and the party involved in the dispute must abstain from voting. If, when voting on a non-procedural issue, one of the permanent members of the Council votes against, the decision is considered not adopted (right of veto).

The Economic and Social Council (ECOSOC) consists of 54 UN members elected by the General Assembly. The 18 members of ECOSOC are elected annually for a term of three years.

ECOSOC is authorized to undertake research and draw up reports on international issues in the field of economy, social sphere, culture, education, health and other issues.

2) prepare draft conventions on issues of their competence;

3) conclude agreements with various specialized agencies of the UN system and other international organizations;

4) convene international conferences on issues within its competence;

5) carry out other actions provided for by the UN Charter.

Each member of ECOSOC has one vote. Decisions are taken by a majority vote of ECOSOC members present and voting. ECOSOC establishes its own rules of procedure, including the election of its President, who is elected annually.

The ECOSOC subsidiary mechanism includes:

1) six functional commissions: Statistical Commission, Commission on Population, Commission on Social Development, Commission on Human Rights, Commission on the Status of Women, Commission on Narcotic Drugs;

five regional economic commissions (for Europe, for Asia and the Pacific, for Africa, for Latin America, for Western Asia);

2) six permanent committees (on program and coordination, on natural resources, on transnational corporations, etc.);

3) a number of permanent expert bodies on issues such as the prevention and fight against crime, international cooperation in tax matters, etc.

More than 600 non-governmental organizations have consultative status with ECOSOC on issues within the competence of ECOSOC.

After the Second World War, under the leadership of the UN, an international trusteeship system was created, which extended to:

1) the territories under the mandate;

2) territories taken away from enemy states during the Second World War;

3) territories voluntarily included in the system of trusteeship by the states responsible for their administration.

The UN Trusteeship Council consists of: the states administering trust territories; permanent members of the UN not administering trust territories; such number of other members of the UN, elected by the General Assembly, as is necessary to ensure equality between members of the UN administering and not administering trust territories. Today the Council consists of representatives of all the permanent members of the Security Council. Each member of the Council has one vote.

The International Court of Justice is the main judicial organ of the UN. The International Court of Justice operates on the basis of the UN Charter and the Statute of the International Court of Justice, which is an integral part of the Charter. Non-member states of the UN may also participate in the Statute of the International Court of Justice under conditions determined in each individual case by the General Assembly on the recommendation of the Security Council.

The Court is composed of 15 independent judges, selected from among persons of high moral character, who meet the requirements of their countries for appointment to the highest judicial positions, or who are jurists of recognized authority in the field of international law. At the same time, two citizens of the same state cannot be members of the Court. Members of the Court act in their personal capacity and are not representatives of the State of their nationality. Members of the Court may not perform any political or administrative duties and may not devote themselves to any other occupation of a professional nature. Members of the Court enjoy diplomatic privileges and immunities in the performance of their judicial duties.

States submit a list of nominations to the Court to the Secretary General of the United Nations. Members of the Court are elected in separate sessions by the UN General Assembly and the Security Council (eight votes are required in the Council to be elected). The term of office of judges is nine years, with five judges being re-elected every three years. The quorum is the presence of nine judges.

Only a state can be a party to a case before the Court. Individuals and legal entities are not entitled to apply to the Court.

The jurisdiction of the Court includes all cases referred to it by the parties, and matters specifically provided for by the Charter of the United Nations or existing conventions.

As a general rule, the jurisdiction of the Court is optional. In other words, the Court has the right to consider specific disputes involving a particular state only with its consent. However, States may make declarations recognizing the compulsory jurisdiction of the Court in all legal disputes concerning: the interpretation of a treaty; any question of international law; the existence of a fact which, if established, would constitute a breach of an international obligation; the nature and amount of compensation for breach of an international obligation. In this case, the Court is competent to consider the case at the request of one of the parties.

Cases are initiated in the Court by notification (announcement) of the agreement of the parties or by a written statement of one of the parties.

Litigation in the Court consists of two stages: written and oral. Written proceedings consist in communication to the Court and the parties of memorandums, counter-memorials, responses to them, submission of other documents and usually lasts several months. During the oral stage, the Court hears witnesses, experts, representatives of the parties, lawyers and other participants in the process. It is of interest that the Court may take steps to collect evidence. Thus, the Court has the right to entrust the conduct of an investigation or examination to any person or body of its choice.

The hearing of a case before the Court shall be held in public, unless the parties request that it be held in private.

After the end of the speeches of the parties, the Court retires to deliberate, which takes place in closed session. All questions are resolved by the Court by a majority vote of those present; in case of equality of votes, the chairperson's vote is decisive.

At the end of the trial, a decision is made. The decision shall indicate the names of the judges, the considerations on which it is based. The decision is signed by the President and the Secretary of the Court and announced in open session. In this case, the judges have the right to a dissenting opinion.

It should be borne in mind that the decision of the Court does not have the character of a precedent and is binding only on the parties involved in the case and only after this case. The decision of the Court is final and not subject to appeal, but may be reviewed on the basis of newly discovered circumstances.

The Court is empowered to give advisory opinions on any legal question, at the request of any institution authorized to make such requests under the Charter of the United Nations. The Court delivers advisory opinions in open session.

The Court decides disputes on the basis of international law and applies: international conventions that establish rules recognized by the disputed states; international customs; general principles the rights recognized by civilized nations, subject to the judgments and doctrines of the most qualified publicists of various countries as aid to define legal norms.

The official languages of the Court are French and English. The Court is obliged, at the request of any country, to grant it the right to use another language, but the decisions of the Court are delivered in French and English. The seat of the Court is The Hague (Netherlands).

The UN Secretariat is responsible for ensuring the normal functioning of other principal and subsidiary bodies of the UN, servicing their activities, implementing their decisions, and implementing the programs and policies of the UN. The UN Secretariat ensures the work of the UN bodies, publishes and distributes UN materials, stores archives, registers and publishes international treaties of the UN member states.

The secretariat is headed by the UN Secretary-General, who is the chief administrative officer of the UN. The Secretary General is appointed for a term of five years by the General Assembly on the recommendation of the Security Council.

UN Secretary General:

1) carry out general management of the divisions of the Secretariat;

2) submits to the General Assembly a report on the work of the UN;

3) participates in the work of international conferences held under the auspices of the UN;

4) appoint the staff of the Secretariat and manage its work.

In the performance of their duties, the Secretary-General and the staff shall not seek or receive instructions from any government.

Secretariat staff are appointed General Secretary according to the rules established by the General Assembly. Recruitment to the Secretariat and the determination of its conditions are made on a contractual basis, taking into account the need to ensure a high level of efficiency, competence and integrity.

Amending the UN Charter is a lengthy and complex process: amendments enter into force after they are adopted by two-thirds of the members of the General Assembly and ratified by two-thirds of the members of the UN, including all permanent members of the Security Council.

The specialized agencies of the UN are intergovernmental organizations of a universal nature that cooperate in special areas and are associated with the UN.

Article 57 of the UN Charter lists their characteristic features:

1) the intergovernmental nature of agreements on the establishment of such organizations;

2) broad international responsibility within the framework of their constituent acts;

3) implementation of cooperation in special areas: economic, social, cultural, humanitarian, etc.;

4) communication with the UN.

The latter is established and formalized by an agreement concluded by ECOSOC with the organization and approved by the UN General Assembly. Such an agreement constitutes the legal basis for cooperation between the United Nations and a specialized agency. There are currently 16 UN specialized agencies.

The UN Charter stipulates that the Organization makes recommendations on harmonizing the policies and activities of the specialized agencies (Article 58). Thus, ECOSOC is empowered to: coordinate the activities of specialized agencies through consultations with them and recommendations to them, as well as to the General Assembly and members of the Organization; take steps to receive regular reports from them; ensure mutual representation of the Council and institutions to participate in the discussion of issues in the Council, its commissions and specialized institutions.

Specialized institutions can be divided into the following groups: social organizations (ILO, WHO), cultural and humanitarian organizations (UNESCO, WIPO), economic organizations (UNIDO), financial organizations (IBRD, IMF, IDA, IFC), organizations in the field of agriculture economy (FAO, IFAD), organizations in the field of transport and communications (ICAO, IMO, UPU, ITU), organization in the field of meteorology (WMO). Russia is a member of all specialized agencies except FAO, IFAD, IDA and IFC.

International Labor Organization (ILO). Created in 1919 at the Paris Peace Conference as an autonomous organization of the League of Nations. Its Charter was revised in 1946. A specialized agency of the United Nations since 1946. The headquarters is in Geneva (Switzerland).

The purpose of the ILO is to promote lasting peace by promoting social justice and improving the working conditions and living standards of workers.

A feature of the ILO is tripartite representation in its bodies: governments, entrepreneurs and workers (trade unions). As conceived by the creators of the ILO, this should promote dialogue between workers and employers through governments (the idea of social partnership).

The main organs of the ILO are the General Conference, the Administrative Council and the Secretariat - the International Labor Office. The General Conference may meet in regular (annual) and special (as needed) sessions. Each state is represented by four delegates: two from the government and one each from entrepreneurs and trade unions. The conference develops conventions and recommendations on labor issues (more than 300 such acts have been developed), as a control it considers reports of states on the application of ratified ILO conventions, approves the program and budget of the organization.

World Health Organization (WHO). Created in 1946 at the International Health Conference in New York. The charter came into force on April 7, 1948.

The goal of WHO is "the attainment by all peoples of the highest possible level of health". The main directions of its activity: the fight against infectious diseases, the development of quarantine and sanitary rules, social problems. WHO provides assistance in establishing a health system, training, and disease control.

The supreme body of WHO, which determines its policy, is the World Health Assembly, in which all members of the organization are represented. It convenes annually.

The WHO Executive Board, consisting of representatives of 30 states elected by the Assembly for three years, meets at least twice a year. The administrative body is the Secretariat headed by the Director General.

There are six regional organizations within WHO: Europe, Eastern Mediterranean, Africa, North and South America, South-East Asia, Western Pacific.

United Nations Educational, Scientific and Cultural Organization (UNESCO). Established in 1945 at the London Conference. Its Charter came into force on November 4, 1946. Since December 1946, UNESCO has been a specialized agency of the United Nations. The headquarters is located in Paris (France).

UNESCO sets itself the task of contributing to the strengthening of peace and security through the development of international cooperation in the field of education, science and culture, the use of the media, the further development of public education and the dissemination of science and culture.

The supreme body is the General Conference, consisting of representatives of all member states and convened in regular sessions once every two years. It determines the policy and general direction of the organization, approves its programs and budget, elects members of the Executive Board and other bodies, appoints the general director, and resolves other issues.

The Executive Board is the main governing body of UNESCO between sessions of the General Conference. UNESCO's constitution requires that representatives be appointed persons competent in the arts, literature, science, education and dissemination of knowledge, and possessing the necessary experience and authority. Administrative and technical functions are performed by the Secretariat, headed by the Director General, appointed for six years.

World Intellectual Property Organization (WIPO). Established in 1967 at a conference on intellectual property held in Stockholm. The Convention (1967) establishing WIPO entered into force in 1970. A specialized agency of the United Nations since 1974. The headquarters is located in Geneva.

The purpose of the organization is to promote the protection of intellectual property throughout the world, to promote the implementation international agreements in this area, to carry out administrative management of various unions in the field of intellectual property protection, without violating their autonomy (for example, the Berne Union for the Protection of Works of Literature and Art, the Paris Union for the Protection of Industrial Property, etc.). WIPO is also engaged in the preparation of draft treaties in the field of copyright protection, the development of a new patent classification, and the implementation of technical cooperation in the patent field.

The supreme bodies of WIPO are the Conference, which includes all the Member States of WIPO, and the General Assembly, which consists of those Member States that are also members of the Paris or Berne Unions. The Conference discusses issues of common interest to all Member States of WIPO in the field of intellectual property, and adopts recommendations on them, determines the WIPO budget. The General Assembly determines the policy and general direction of the organization, approves its budget, and appoints the Director General of WIPO.

International Bank for Reconstruction and Development (IBRD), International Monetary Fund (IMF), International Development Association (IDA), International Finance Corporation (IFC).

The IMF and the IBRD were created at the Bretton Woods conference (USA) as specialized financial institutions of the UN. The Fund began to function in 1945, the Bank - since 1946. IFC was established in 1956, and IDA - in 1960 as branches of the IBRD. Location - Washington (USA), the IMF has offices in Paris and Geneva, the IBRD - in Paris and Tokyo.

Only members of the IMF can be members of the IBRD, and only members of the IBRD can be members of the two branches. The International Monetary Fund occupies a central place in the system of financial organizations. Its goals are to coordinate the monetary and financial policies of the member states and provide them with short-term and medium-term loans to regulate the balance of payments and maintain exchange rates.

The supreme body of the Fund, which determines its policy, is the Board of Governors, which includes one manager and one deputy from all member states. The Council is convened annually in session. Day-to-day operations are carried out by an Executive Board composed of a Managing Director and 22 Executive Directors elected for two years. The Managing Director is the Chairman of the Directorate and the chief administrative officer of the Secretariat.

The objectives of the IBRD are to promote the reconstruction and development of the economy of the Bank's member states, encourage private foreign investment, provide loans for the development of production, etc.

The supreme body of the IBRD is the Board of Governors, organized on the same basis as the Board of Governors of the Fund. Executive directors (22 people) form the executive body of the Bank. The President of the Bank directs the staff of its employees.

IDA and IFC, which are affiliates of the Bank, are created primarily to help developing countries. They have the same bodies as the Bank.

Food and Agriculture Organization of the United Nations (FAO). Created in 1945 at a conference in Quebec (Canada). The organization aims to improve nutrition and improve living standards, increase agricultural productivity, improve the food distribution system, etc. In the implementation of these goals, FAO promotes investment in agriculture, the conservation of natural resources, creates special programs in its areas of activity, and together with the UN manages the World food program.

Bodies of FAO: Conference of all members, convened every two years to determine policy, approve the budget and program of work of FAO; Council - the governing body of FAO between sessions of the Conference, consisting of 49 member countries; Secretariat headed by the General Director. FAO headquarters is located in Rome (Italy).

international organization civil aviation(ICAO). Established in 1944 at a conference in Chicago. The 1944 Convention on International Civil Aviation, which is the founding act of ICAO, entered into force on April 4, 1947. ICAO is headquartered in Montreal (Canada).

ICAO was established 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 supreme body of ICAO is the Assembly, which consists of representatives of all Member States and convenes every three years to determine ICAO policy and approve the budget, as well as discuss any issues that are not referred to the Council.

The Council is the executive body of ICAO, consisting of representatives of 33 countries, elected by the Assembly from among the states with the most developed air transport and taking into account fair geographical representation.

Universal Postal Union (UPU). Created in 1874 at the International Postal Congress in Bern. The Universal Postal Convention, adopted by Congress, entered into force on July 1, 1875. Its text was repeatedly revised at the Universal Postal Congresses. The headquarters of the UPU is located in Bern (Switzerland).

The UPU aims to ensure and improve postal relations. All member countries of the UPU form a single postal territory on which three basic principles operate: the unity of such a territory, freedom of transit and a uniform tariff. The UPU develops rules for the international forwarding of all types of postal items on the basis of the Universal Postal Convention and multilateral agreements.

The supreme body of the UPU is the Universal Postal Congress, which consists of representatives of all member states and is convened every five years. Its functions include the revision of the Universal Postal Convention and supplementary agreements. Between congresses, there is an Executive Council consisting of 40 members, which manages all the work of the Union. The Postal Research Advisory Council (35 members) deals with the technical and economic issues of the postal service. The International Bureau, headed by the Director General, is the permanent secretariat of the Union.

International Atomic Energy Agency (IAEA). This intergovernmental organization in the field of the use of atomic energy was established by the decision of the UN at an international conference in New York. The Charter of the Agency was adopted on October 26, 1956 and entered into force on July 29, 1957. The headquarters is located in Vienna (Austria).

The IAEA, although it belongs to special organizations, does not have the status of a specialized agency of the UN. Its relationship with the UN is regulated by an Agreement concluded with the UN General Assembly on November 14, 1957. In accordance with the Agreement and the IAEA Statute, the Agency must submit annual reports on its activities to the General Assembly and, if necessary, to the Security Council and ECOSOC. If, in connection with the activities of the Agency, issues arise that fall within the competence of the Security Council, then it must notify the Council about them (for example, about all cases of violation by members of the IAEA of agreements concluded with the Agency).

The organization aims to promote the development of international cooperation in the field of the peaceful use of atomic energy.

The supreme body of the IAEA - the General Conference, consisting of representatives of all Member States, meets annually in regular sessions. There are also special sessions. The General Conference provides overall direction for the policies and programs of the IAEA. The Board of Governors is responsible for the operational direction of all IAEA activities. It is composed of 35 states, of which 22 are elected General Conference from seven regions of the world (Western Europe, Eastern Europe, Latin America, Africa, Middle East and South Asia, Southeast Asia and the Pacific, Far East), and 13 are designated (the most developed countries in the field of nuclear energy technology). The Council usually meets four times a year. It has two standing committees: on administrative and budgetary matters and on technical assistance. In addition, he can create committees to deal with specific issues.

The IAEA Secretariat carries out the administrative and technical management of the organization. It is headed by a Director General who is appointed for four years by the Board of Governors and approved by the General Conference.

The main activities of the IAEA: organizing and coordinating research and development in the field of nuclear energy, radiation safety issues, providing technical assistance to the Member States of the Agency in the field of the peaceful use of nuclear energy, exercising control (guarantees) over the peaceful use of atomic energy, regulatory activities on issues associated with nuclear danger.

One of the main functions of the Agency is to apply a system of controls (safeguards) to ensure that nuclear materials and equipment intended for peaceful use are not used for military purposes. Control is carried out on the ground by IAEA inspectors. Non-Nuclear States Parties to the Non-Proliferation Treaty nuclear weapons 1968 must conclude agreements with the IAEA on control over the peaceful nuclear activities of these states.

4. Regional international organizations: Commonwealthindependent states,Council of Europe, European Union.Organization for Security and Cooperation in Europe

Along with universal international organizations, regional organizations are distinguished in the theory of international law. They are called so because their members are the states of a certain geographical area. The object of activity of such organizations can be issues within the framework of regional cooperation: joint security, economic, social, cultural and other spheres.

Chapter VIII of the UN Charter provides for the conditions for the legitimacy of the creation and activities of regional security organizations. Their creation and activities must comply with the purposes and principles of the UN Charter, they must assist the UN in solving economic, social, cultural and other problems.

Among a significant number of various regional organizations, organizations of general competence stand out, such as the Commonwealth of Independent States, the Council of Europe, the European Union, the Organization for Security and Cooperation in Europe, the Organization of African Unity, the Organization of American States, etc.

The Commonwealth of Independent States (CIS) was created by a number of states from among the former republics of the USSR. Its founding documents are the Agreement on the Creation of the Commonwealth of Independent States of December 8, 1991, signed in Minsk by Belarus, Russia and Ukraine, the Protocol to the Agreement, signed on December 21, 1991 in Alma-Ata by 11 states (all former republics of the USSR, except for the Baltic and Georgia), and the Alma-Ata Declaration of December 21, 1991. At the meeting of the Council of CIS Heads of State in Minsk on January 22, 1993, the Charter of the Commonwealth was adopted (on behalf of Armenia, Belarus, Kazakhstan, Kyrgyzstan, Russia, Tajikistan and Uzbekistan).

The goals of the Commonwealth are:

1) implementation of cooperation in the political, economic, environmental, humanitarian, cultural and other fields;

2) creation of a common economic space;

3) ensuring human rights and fundamental freedoms in accordance with the generally recognized principles of international law and CSCE documents;

4) cooperation between member states in ensuring international peace and security and disarmament;

5) assistance to citizens of the Member States in free communication, contacts and movement in the Commonwealth;

6) mutual legal assistance and cooperation in other areas of legal relations;

7) peaceful resolution of disputes and conflicts between the states of the Commonwealth (Article 2 of the Charter of the CIS).

The Charter recognizes the interests of the Commonwealth as a whole and defines the areas of joint activity of the member states, formulated taking into account the Minsk Agreement of December 8, 1991:

1) ensuring human rights and fundamental freedoms;

2) coordination of foreign policy activities;

3) cooperation in the formation and development of a common economic space, the pan-European and Eurasian markets;

4) customs policy;

5) cooperation in the development of transport and communication systems;

6) health protection and environment;

7) issues of social and migration policy; combating organized crime;

8) cooperation in the field of defense policy and protection of external borders.

This list may be supplemented by mutual agreement of the Member States.

On the basis of the Charter of the CIS, the states-founders and states-members of the Commonwealth are distinguished. The first category includes those states that signed and ratified the Agreement on the Establishment of the CIS of December 8, 1991 and the Protocol to it of December 21, 1991 by the time the CIS Charter was adopted, namely Armenia, Belarus, Kazakhstan, Kyrgyzstan, Russia, Tajikistan , Turkmenistan, Uzbekistan, Ukraine (Azerbaijan and Moldova signed but did not ratify the founding agreements).

The states - members of the CIS should be considered those states that will assume obligations under the Charter of the CIS within a year after its approval. Admission to the CIS is open to all states that share its goals and principles and accept the obligations contained in the Charter by joining it with the consent of all member states. It also provides for the possibility of participation of states in certain types activities of the Commonwealth as associate members.

The supreme body of the Commonwealth is the Council of Heads of State, which is authorized to discuss and resolve fundamental issues related to the activities of CIS members in the area of their common interests. The Council meets twice a year and may hold extraordinary meetings at the initiative of one of the Member States.

The Council of Heads of Government coordinates the cooperation between the executive authorities of the CIS members in the economic, social and other areas of common interest. It meets four times a year and may hold extraordinary meetings at the initiative of the government of one of the Member States.

The decisions of both councils are taken by consensus. Any state can declare its disinterest in a particular issue, which should not interfere with the adoption of a decision.

Coordinating bodies of the CIS have been created: in the field of foreign policy - the Council of Ministers of Foreign Affairs; in the field of collective security and military-political cooperation - the Council of Ministers of Defense, the High Command of the Joint Armed Forces, the Council of Commanders of the Border Troops. There are also coordinating bodies for sectoral cooperation.

Within the framework of the Commonwealth, the Economic Court should operate in order to resolve disputes arising from the fulfillment of economic obligations, as well as interpret agreements and other acts of the Commonwealth on economic issues, the Commission on Human Rights, designed to monitor the implementation of human rights obligations assumed by the CIS members.

The permanent executive and coordinating body of the Commonwealth is the Coordination and Advisory Committee, established in April 1993 at a meeting of the Council of Heads of State in Minsk. It consists of permanent plenipotentiaries, two from each CIS member state, and the Coordinator of the Committee, appointed by the Council of Heads of State. The Committee develops and submits proposals on all issues of the Commonwealth's activities, contributes to the implementation of agreements on specific areas of economic relations, and promotes the work of all Commonwealth bodies. It has a Secretariat. The seat of the Committee and the Secretariat is Minsk (Belarus).

The Charter of the CIS provides that it will enter into force for all founding states from the moment of deposit of instruments of ratification by all founding states or for founding states that have deposited their instruments of ratification one year after the adoption of the Charter.

The Council of Europe is an international regional organization uniting the countries of Europe. The Charter of the Council was signed in London on May 5, 1949, and entered into force on August 3, 1949. As of April 1994, 32 states are members of the Council of Europe, including some countries of Eastern Europe: Bulgaria, Hungary, Poland, the Czech Republic, Slovakia, Slovenia, Lithuania and Estonia.

The objectives of the Council of Europe, in accordance with its Statute, are: the protection of human rights and the expansion of democracy; cooperation on the main issues of law, culture, education, information, environmental protection, health care; convergence of all European countries.

The main organs of the Council of Europe are the Parliamentary Assembly and the Committee of Ministers, consisting of the ministers of foreign affairs. The Parliamentary Assembly consists of representatives of the parliaments of the member states of the Council of Europe. Each national delegation is formed in such a way that it represents the interests of various political circles in its country, including opposition parties.

The Parliamentary Assembly holds its plenary sessions three times a year. It adopts by a majority of votes recommendations to the Committee of Ministers and the governments of the member states, which form the basis of specific areas of activity of the Council of Europe.

The Committee of Ministers meets twice a year and also regularly convenes ad hoc or informal meetings. He discusses the political aspects of cooperation, develops a program of activities of the Council of Europe, approves the current budget, considers recommendations Parliamentary Assembly, adopts, on the basis of the principle of unanimity, political recommendations to the governments of member countries. Recommendations are subject to ratification and come into force only in respect of countries that have ratified them.

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EDUCATIONAL INSTITUTION OF THE REPUBLIC OF BELARUS "BREST STATE UNIVERSITY"

named after A.S. PUSHKIN"

Course work

Law of international organizationsth

Performed:

4th year student of the Faculty of Law

day department

41 groups

Rozhinskaya V.P.

Scientific adviser: teacher Smal A.F.

INTRODUCTION…………………………………………………… ……….3

1. THE CONCEPT, TYPOLOGY AND HISTORY OF THE ORIGIN OF INTERNATIONAL ORGANIZATIONS, THEIR SIGNIFICANCE IN MODERN WORLD . ……………………… ………. ………………… …..5

2. LEGAL NATURE INTERNATIONAL ORGANIZATIONS 18

3. ORDER ESTABLISHMENT AND TERMINATION OF ACTIVITIES OF INTERNATIONAL ORGANIZATIONS…………… ………… ……… …….21

CONCLUSION…………………………………………………… ……. … …26

LIST OF USED SOURCES……………… …… …..27

APPENDIX…………………………………………………………. … …29

INTRODUCTION

BUTrelevance of the topic of the course work. At the turn of the 20th - 21st centuries, profound changes took place in the world community, with the help of which the entire system of international relations is significantly updated. The world is on turning point its development and the formation of a new type of civilization. Continues fight of two concepts of the world order - multipolar and unipolar . Still a strong role military element in foreign policy leading world powers. After the end of aggression and US and UK against Iraq, which said that international law not able to protect the sovereignty and territorial integrity states , many countries reconsider approaches to ensuring international and national security.

Today, the international community faces many problems. In the context of globalization, under the influence of which there is a change in all aspects of the life of human society, there are new economic opportunities for the development of new countries and peoples. Simultaneously happening and strengthening the process of regional integration. O consciousness by the world community of the need to find solutions to problems on question myself how international security and terrorism, and of a social nature, attract the attention of all countries of the world. Therefore, the need to increase the efficiency, significance, improvement and reform of all international organizations has become obvious.

Today, almost all areas international life covered by the activities of international organizations. They are the primary means of communication and collaboration. between states ami in a wide variety of areas.

Object of study is right international organizations as a branch of international law.

Subject of research in the course work the history of development, concept , signs, functions, typology, the procedure for the creation and termination of the activities of international organizations.

Targetresearch is to show the importance of international organizations as a means of interaction between different countries and peoples .

Research objectives determined by the purpose of the study, and consist in determining the mechanisms of formation, existence and activities of international organizations, characterizing the stages of their development, as well as evaluation them places in the system of international relations.

Main research methods in the course work are formally - legal and specifically - sociological methods.

Formally - the legal method is used in the definition of legal concepts, their features, interpretation of the content of legal norms relating to international organizations.

Using the concrete sociological method, data were obtained on the number of international organizations in different periods of their development.

Brief description of the specialized literature on the topic. A lot of works are devoted to the issues of studying the role of international organizations in the system of international relations. The study of specialized literature showed that the problems of international organizations were dealt with by such scholars as V.M. Matsel, N.T. Neshataeva, V.E. Ulakhovich, E.A. Shibaeva.

There is a group of scientists who studied the law of international organizations as a branch of international law: K.A. Bekyashev, I.I. Lukashuk, N.A. Ushakov.

The structure of the course work includes title page, table of contents, introduction, three sections, conclusion, list of references and appendix.

Coursework n written on 29 pages of computer text.

1. CONCEPT, TYPOLOGY AND HISTORY OF ORIGIN INTERNATIONAL ORGANIZATIONS, THEIR SIGNIFICANCE IN THE MODERN WORLD.

One of the forms of interstate cooperation are international organizations.

In international law, a fairly large array of norms has been formed that regulate the formation and activities of international organizations. The quality and volume of international legal regulation allow us to conclude that there is an independent branch of international law - the law of international organizations.

The law of international organizations is a branch of international law that combines the principles and norms governing the creation, legal status, scope of authority and activities of international organizations, as well as their establishment and liquidation.

It includes both principles and norms common to all international organizations, as well as individual principles that reflect the specifics of individual groups and organizations.

The law of international organizations consists of two groups of international norms that form the "internal law" of the organization (the rules governing the structure of the organization, the competence of its bodies and the procedure for working, the status of personnel) and the "external law" of the organization (the rules of treaties with states and other international organizations). The law of international organizations is predominantly contractual in nature and is one of the codified branches of international law.

The sources of law of international organizations are:

Constituent acts of international organizations (charter, charter, constitution, statute, convention, pact),

International treaties and agreements (1975 Vienna Convention on the Representation of States in Their Relations with International Organizations of a Universal Character, 1986 Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations of 1986),

international legal custom,

Rules of procedure, staff rules, financial rules,

Some decisions of international organizations (conventions, resolutions of international organizations).

Modern international relations cannot be imagined without the activities of international organizations. They are among the most developed mechanisms for regulating international life and, in essence, are permanent associations intergovernmental and non-governmental character.

What is meant by an international organization?

This term is based on two concepts: "international" and "organization".

According to the Dictionary of the Russian Language by Sergei Ivanovich Ozhegov, the term “international” is defined as “referring to foreign policy, to relations between peoples, states”, as well as “existing between peoples, extended to many peoples, international”.

The word "organization" comes from the Latin word organize - "I report a slender appearance, I arrange." An organization is an association of people who jointly implement a program or goal and act on the basis of certain rules and procedures.

Thus, an international organization is an interstate or public organization created on the basis of a constituent document of a program or regulatory nature to achieve certain goals. The system of international relations states that international organizations are created by sovereign states for the collective implementation of certain goals and objectives.

A broader concept of international organizations is given by the famous professor - jurist K.A. Bekyashev: “an 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 obligations of States, and an autonomous will, the scope of which is determined by the will of the Member States”.

The 1975 United Nations Convention on the Representation of States in Relations with International Intergovernmental Organizations defines them as "an association of states based on treaty, having a constitution and joint organs, and having a legal status distinct from that of member states." And the 1980 Convention on the Physical Protection of Nuclear Material states that "... the organization consists of sovereign states and has competence in the field of negotiating, concluding and applying international agreements."

There is a historical difference between the modern understanding of international organization and the interstate alliances that arose earlier as a result of wars. These alliances were most often built on the forcible subordination of one state to another. Therefore, in the practice of international law, such concepts as "international organizations" and "interstate unions" are used as synonyms, denoting interstate associations created on a voluntary basis.

So, an international interstate organization is understood as an association of sovereign states on the basis of an international treaty of a special orientation to achieve certain goals, having a legal status, permanent bodies and acting in the common interests of the member states of this organization.

Any organization is recognized as international if it has the following characteristics.

1. Createdin accordance withnormsinternational law.

This feature is of fundamental importance, since it determines the legitimacy of the formation of an international organization. Any organization should be created on the basis of universally recognized principles and norms of international law (jus cogens).

If an international organization has been created illegally or its activity is contrary to international law, then the constituent act of such an organization must be recognized as null and void and its operation terminated as soon as possible. An international treaty or any of its provisions become invalid if their execution is connected with the performance of an action that is illegal under international law.

2. Establishedon the basis of an international treaty.

Usually, international organizations are created on the basis of an international treaty, which have different names: convention, agreement, treatise, protocol. The object of such an agreement is the behavior of the subjects (parties of the agreement) and the international organization itself. The parties to the founding act are sovereign states. However, in last years intergovernmental organizations are also full members of international organizations.

3. Carries out cooperationin specific areasx figurenews .

International organizations are created for the implementation of interactions between states in any sphere of life. They are designed to unite the efforts of states in the political (OSCE), military (NATO), scientific and technical (European Organization for Nuclear Research), economic (EU), monetary (IBRD, IMF), social (ILO) and many other areas. There are also organizations designed to coordinate the activities of states in almost all areas (UN, CIS).

4. It hascorrespondingyour organizationalstructuresat.

This sign confirms the permanent nature of the organization, thereby distinguishing it from other forms of international cooperation.

Intergovernmental organizations have headquarters, members in the person of sovereign states and the necessary system of main and subsidiary bodies. The highest body is the session, which is convened once a year (sometimes once every two years). Executive bodies are councils. The administrative apparatus is headed by the Executive Secretary (General Director). All organizations have permanent or temporary executive bodies with different legal status and competence.

5. Possessesrightsamiandduties.

An international organization has the ability to have independent rights and obligations that differ from the rights and obligations of member states. This allows it to be formed as a legal entity with its own legal will, as well as a derivative subject of international law, provided that these rights are associated with international legal personality. Such rights include the right to conclude international agreements, the right to privileges and immunities, the right to representation.

6. independentvalidity of international lawand mustawns.

The organization itself, as a subject of international law, has the right to choose the most rational means and methods of activity for itself. At the same time, the Member States exercise control over the legality of the organization's use of its autonomous will.

Thus, the essence of international organizations consists in identifying the interests of its members, agreeing and developing on this basis a common position, a common will, determining the relevant tasks, as well as methods and means of solving them. The peculiarity is determined by the fact that the members of the organization are sovereign states. This characterizes the specifics of the functions of international organizations, as well as the mechanism for their implementation.

Polish professor W. Morawiecki, who has specially studied the functions of international organizations, distinguishes three main types of functions of international organizations: regulatory, control and operational.

In our work, we will adhere to this classification.

The regulatory function is today the most important. It consists in making decisions that determine the goals, principles, rules of conduct of the Member States. Such decisions have only a moral-political binding force. P At the same time, the resolutions of international organizations do not create international legal norms, but confirm them, concretize them in relation to international life. By applying the rules to specific situations, organizations disclose their content.

The control functions consist in exercising control over the compliance of the behavior of states with the norms of international law, as well as with resolutions. To implement this function, organizations can collect and analyze relevant information, discuss it and express their opinion in resolutions. At the same time, states are obliged to regularly submit reports on their implementation of international law.

Operational functions are to achieve the goals of the organization's own means. In most cases, the organization provides economic, scientific, technical and other types of assistance, as well as consulting services.

The classification of international organizations is generally recognized on the following grounds: the circle of participants, the procedure for entry, the nature of membership, competence and authority.

By circle of participants international organizations are divided into world, or universal (United Nations Organization, Universal Postal Union), and regional (Organization for Security and Cooperation in Europe, Central European Initiative).

In order of entry international organizations can be open or closed. Openness implies the possibility of joining the organization of any state without special restrictions on the basis of recognition of its fundamental or a constituent act (charter, convention ). Closed organizations require the existence of certain criteria and the consent of the state rstv-participants (NATO).

By nature of membership international organizations subdivided into intergovernmental ( interstate ) and non-governmental .

Intergovernmental(interstate) organization - this is an association states, established by treaty to achieve common goals, having permanent bodies and acting in the general interest member states while respecting their sovereignty (CIS, UN, NATO, OSCE).

International non-governmental organizations are not created on the basis of an interstate agreement and unite f physical or legal entities (Red Cross).

By the nature of competence allocate international organizations of general and special competence.

The activities of organizations of general competence cover all areas of cooperation (UN, CIS). International organizations of special competence cooperate in specific areas (Universal Postal Union, World Health Organization).

By the nature of powers international organizations are divided into interstate and supranational.

Interstate create a certain framework for cooperation. Their decisions are usually non-binding (Council of Europe, OSCE).

The task of supranational organizations is to deepen integration. Their development follows the path of delegating a part of sovereignty and managerial powers nation states supranational structures. The organs of such organizations no longer contain the rudiments of a kind of supranational governments, and the binding nature of their decisions, reached within the framework of the established rules of procedure, is quite often of a rigid nature. The most striking example of such an organization is the European Union.

Sometimes political, humanitarian, sports and many other international organizations are singled out. A special place is given to organizations of an economic nature. The scope of their activities may cover international commerce, international financial cooperation, issues of freedom of enterprise, trade. These include international development institutions, technical and economic assistance organizations.

For example, the CIS - it is a regional, interstate, international organization of general competence.

International organizations act as an objective result of the development of the world community. Can highlight there are two main reasons for the emergence of international organizations . First, it is the growing role and development of international law as an independent industry. AT secondly, the strengthening of the importance of multilateral diplomacy in international relations . In this way, international organizations are both main form a lot of foreign diplomacy, and its main historical product .

Examples multilateral diplomacy known since ancient times. However, a permanent member international relations she became only in the 19th and 20th centuries. Historical The mechanism for the development of multilateral diplomacy as an institution of international communication in a simplified form can be represented as follows: negotiations - international conferences - international organizations. P Therefore, with The creation of international organizations cannot be considered in isolation from the development of international law. On the one hand, documents of international law underlie the creation of international organizations and play a basic role in this. With another hand, appearance multilateral intergovernmental conferences and their transformation into one of the main forms of communication between states . All this accompany and was given the formation of relevant international legal customs and the establishment in the conventional manner of the norms of international law, designed to regulate the issues of their convocation and activities.

In the 13th century, the Spanish code "Siete partidas" unified some of the provisions of international law. Famous Dutch lawyer, sociologist and statesman Hugo Grotius (1583 - 1645 years ) in 1625 published in England his essay in three volumes "On the Law of War and Peace". The author of the "Code of International Diplomatic Law" in 1693 was German idealist philosopher Gotf reed B ilhelm Leibniz (1646 - 1716 years ). In 1792, Honoré Gregoire published the Declaration of International Law. At the turn of the 19th - 20th centuries, the first special institutions appeared that conducted research in the field of international law. Thus, in 1873, the Institute of International Law was established in Belgium, which still exists today. , and in 1912 in Washington (USA) there was its own Institute of International Law. However, we would like to note that these development trends are different sides of the same process, which were synchronized in time. This was the time when international relations emerged. how institutions world community .

Thoughts on the creation of international organizations permeated many works of scientists and politicians of the past. At many philosophers viewed international organizations as an elitist ideal of the most reasonable and just organization of social life. Among the first to propose the creation of an international organization called the "Union of Humanity" was the Roman writer, statesman and speaker Mark Tullius Cicero (106 - 43 years before ad ). According to him, the main goal this union would be the struggle for peace and the prevention of war.

Italian poet and f philosopher Alighieri Dante (1265 - 1321 years ) in his essay "On the Monarchy" put forward the idea of creating an arbitration, supranational structure that could ensure the successful development of relations between states. He wrote: “Between any two rulers, of which one is not at all subordinate to the other, discord can break out. Therefore, they must be judged by the court, it must be someone third, with broader powers, dominating both, within the limits of his right.

The Czech king Jiří Podebrad (1420-1471) also contributed to the emergence of international organizations. Its development was the first detailed plan of a pan-European international organization to ensure a "lasting peace".

In 1761 Jean Jacques Rousseau (1712-1778), the ideologue of the French Revolution, came up with the idea of creating a Conference of European States. German philosopher, social thinker Immanuel Kant (1724 - 1804) in his work "Towards Perpetual Peace" in 1795, he proposed a plan for establishing "perpetual peace", which should be to completely eliminate war from the life of mankind. In his opinion, on the basis of enlightenment and education, the non-interference of one state in the affairs of another, as well as the satisfaction of the economic and commercial needs of the nation, "eternal peace" could be achieved.

Henri Saint-Simon (1760 - 1825) - French thinker, socialist - utopian dreamed of creating a European Parliament that could prevent wars on the continent. English philosopher, sociologist, lawyer Jeremiah Bentham (1748 - 1832 years ) suggested that the creation of an international court could become a universal means of interstate conflict situations.

Vasily Fedorovich Malinovsky (1765-1814) became widely known among Russian enlighteners in 1803. years ) thanks to his work Discourses on Peace and War. In this work, he put forward the idea of organizing a world union of peoples, which would resolve international disputes "according to the established procedure", which would avoid wars.

Swiss lawyer, one of the founders of international law as a science Johann Kaspar B lunchli (1808 - 1881) in 1868 he wrote "Modern International Law of Civilized Peoples", in which he proposed to create A Pan-European Union Council, a Senate composed of people's representatives, an executive committee whose members would be the great powers, and a special secretariat.

International organizations arose already in ancient times and improved as society developed. Their creation and development took place in stages, as states realized the need for international cooperation in various fields.

In ancient Greece in the 6th century about ad the first permanent international associations appeared. They were created in the form of unions of cities and communities (for example, Laked Imin and Delian Symmachia), as well as religious and political alliances between tribes and cities (for example, the Delphic - Thermopylae amfiktyony). Similar associations were prototypes of future international organizations. F.F. Martens in s in In his work “Modern International Law of Civilized Peoples” wrote that “although these unions were caused specifically by religious goals, they had an effect in general on relations between the Greek states: like other social factors, they brought together nations and softened them closure." [ 12 , With. 45]

The next stage in the development of international organizations was the formation of economic and customs associations. One of the first such unions was the Hanseatic Trade Union. It was he who brought all of northern Germany out of the state of medieval barbarism.

At the beginning of the 19th century, the German Customs Union was created. All states included in this association had to obey the same laws regarding the import, export and transit of goods. All customs duties were recognized as common and distributed among the members of the union according to the population.

Scholars involved in the study of history international organizations, believe that the first intergovernmental organization in its classical sense was the Central commission for navigation on the Rhine, which was founded in 1831. It was established by special articles of the Final General Act of the Congress of Vienna, which was signed on July 9, 1815. These articles prescribed the establishment of international rules for navigation and collection of fees on the rivers Rhine, Moselle, Meuse and Scheldt, which served as the border of states or flowed through the possessions of several states.

Specialists in the field of international relations distinguish three stages in the development of international organizations. The first - the second half of the 19th century - the beginning of the 20th century. It was a time of rapid development of science and technology, which caused the emergence of new form international organizations - international administrative unions. In the second half of the XIX century international associations such as the International union for land measurement (1864 ), Sun world telegraph union (1865 ), Universal Postal Union (1874 ), International Bureau of Weights and Measures (1875 ), international union to protect the literary and bad feminine property (1886 ), International Union of Railways important commodity messages (1890 ). All of these organizations had their own permanent bodies, permanent members, as well as headquarters. Their powers were limited only to the discussion of specialized problems.

The emergence of these organizations was caused by two mutually exclusive reasons. Firstly, the formation of sovereign states as a result of bourgeois-democratic revolutions, striving for national independence, and, secondly, the success of the scientific and technological revolution, which gave rise to a trend towards interdependence and interconnectedness of states. At the same time, scientific and technological progress has led to the fact that integration processes have penetrated the economies of all developed countries of Europe and have caused a comprehensive connection and interdependence of nations from each other. The need to reconcile these two opposing tendencies - the desire to develop within the framework of a sovereign state and the inability to do so without broad cooperation with others independent states- and led to the emergence of such a form of interstate relations as international organizations.

From the middle of the 19th century until the beginning of the First World War, increased number international organizations, about main registration which leads the Union of International Associations, established in Brussels in 1909 year. He coordinated the activities international organizations and collected information on general issues of their activities.

The second period of development of international organizations - The 20s of the XX century - the beginning of the Second World War. The First World War delayed the development of international organizations and led to the dissolution of many of them. At the same time, awareness of the disastrous nature of world wars for the development of human civilization stimulated the emergence of projects to create international organizations of political orientation in order to prevent wars. One of these projects formed the basis of the League of Nations, created in 1919. The main organs of the League of Nations were the Assembly of all representatives of the members of this organization, the Council and the permanent secretariat. .

Its main task was to maintain peace and prevent new wars. The League of Nations recognized that any war "interests the League as a whole" and it must take all measures to maintain stability in the world community. The Council of the League of Nations could be convened at the immediate request of any of its members. When a conflict arises between members of the League of Nations, the dispute allowed or in tr eteysko m court e, or in the Council. If any of the members of the League started a war contrary to their obligations, then the rest of the participants had to immediately stop any financial and trade relations. The Council, in turn, invited the various interested governments to contribute troops to maintain respect for the obligations of the League.

The constituent act on the basis of which the League of Nations operated was the charter. It was he who provided for the need to limit national armed conflicts. Icts and reducing them to the minimum necessary to ensure national security. The Council of the League had the opportunity to draw up plans for the limitation of armaments and submit them to the interested governments, taking into account the geographical position and special conditions of each state.

But, According to experts, the League of Nations was unable to cope with its main task: the preservation of peace and the peaceful settlement of international conflicts. The differences that arose between the members of the League , entailed not fulfillment of the obligations taken. She is could not prevent the Second World War, as well as Japan's attack on China, Italy - on Ethiopia, Germany - on Austria and Czechoslovakia, Italy - to Spain . April 18, 1946 and the League of Nations was abolished, because she is did not fulfill its functions and at this historical stage ceased its Existence.

The third stage refers to the period after the end of the Second World War, when in 1945 the first universal international organization, the United Nations Organization (hereinafter referred to as the UN), appeared.

In general, during the period from the First to the Second World War, the development of problems of organizing international peace and security moved at an extremely slow pace, but one could observe a trend towards an expansion of the role of international organizations in the development of international law. M. Burken wrote that “while the functioning of international law was previously based mainly on the actions of states, at the present stage it is largely least relies on organizations such as the UN and the specialized agencies that cluster around the UN.”[ 8 , p.48]

The Second World War, due to its scale, gave a powerful impetus to the government and public initiative in many states to develop problems of the post-war organization of peace and security. The need for an international security organization arose from the very first days of the war, because simultaneously with the military efforts aimed at winning the war, the member states of the anti-Hitler coalition were also developing principles and plans for a future world organization. In the scientific literature there are disagreements about the initiative to create United Nations . Western scholars refer to the Atlantic Charter of Roosevelt and Churchill from August 14, 1941 , and Soviet researchers - on the Soviet-Polish declaration of December 4, 1941 of the year . A clearly defined plan to create a world organization for the maintenance and consolidation of peace was first enshrined in the Declaration of the governments of the USSR and Poland , signed on December 4, 1941 . This document stated that a lasting and just peace could be achieved only a new international organization, based on the unification of democratic countries into a strong union. In establishing such an organization, the decisive factor must be respect for international law, upheld by the collective armed force of all allied x states.

The most important step towards the creation of the UN was the conference of allied x powers in Moscow autumn 1943 . AT paragraph 1 of the Moscow Declaration, signed by representatives USSR, USA, Great Britain and China, these powers proclaimed that "they recognize the need to establish in the shortest possible time a universal international organization for the maintenance of international peace and security, based on the principle of the sovereign equality of all peace-loving states, of which all such states, large and small. Management four powers pledged to consult with each other on matters of major importance, and when circumstances so require, with other Members of the United Nations, with a view to acting jointly in the interests of the community of nations in the maintenance of international peace and security until law and order are restored and until a security system will be installed. This was mentioned in the fifth paragraph of the said declaration. The parties pledged not to apply until the end of the war on the territory of other states forces without joint to that decision, and to cooperate with each other in order to reach a general agreement on the regulation of arms in the post-war period. According to the researcher of the history of the creation of the UN and a participant in the conference on the development of the UN Charter, S.B. Krylova "Moscow was the birthplace of the United Nations, since it was in Moscow that the Declaration on the Establishment of a General Security Organization was signed" .

The agreements adopted at the Moscow Conference were approved at the Tehran Conference, where 1 December 1943 The Declaration was signed in which the heads of the USSR, the USA and Great Britain stated the following: “We fully recognize the high responsibility that rests on us and on all the United Nations for the implementation of such a world that will receive the approval of the overwhelming mass of peoples the globe and which will remove the calamities and horrors of war for many generations."

At the beginning of 1944 negotiations took place between participants in the Moscow Conference in 1943 on the legal status of a new international organization for peace and security. At a conference in Dumbarton Oaks ( August 21 - September 28, 1944) the main principles and parameters of the mechanism of the activity of the future organization were agreed upon. The agreed draft "Preliminary Proposals" became the basis of the future UN Charter. This project consisted of 12 chapters (currently the UN Charter includes 19 chapters). Participants of the Crimean Conference in Yalta in February 1945 discussed and approved the proposed at Dumbarton Oaks the package dock mentov, supplementing it, and accepted decision to convene a United Nations conference in the United States in April 1945. This decision It was realized at a conference in San Francisco, held in April 1945 , and complete elk adoption of the founding documents of the United Nations. On October 24, 1945, the UN Charter came into force.

From the previously existing UN organizations, they were distinguished by a pronounced political character, manifested in an orientation towards issues of peace and security, and an extremely broad competence in all areas of interstate cooperation. After the adoption of the UN Charter, a new era began in the development of international organizations. The importance of the UN guarantor international peace and security, emphasize in their works as from domestic and foreign lawyers - international lawyers .

So I.I. Lukashuk wrote that at the moment “there is a process of formation of a new world system and the corresponding world order, on which survival and progress of human civilization. In all this, the UNO plays its role. Without it, the process perestroika, no doubt would be more painful. Today world system could hardly function properly without the UN.”[ 9 , p.44]

Speaking at the 58th session of the UN General Assembly, President of the Russian Federation V.V. Putin emphasized that "the structure and functions of the UN are were formed in a predominantly different international environment , time only confirmed their universal significance. BUT UN instruments are not only in demand today, but, as life itself shows, they are simply irreplaceable in key cases.”[ 10 , p.3]

The current stage in the development of international relations is characterized by a noticeable increase in the activity of international organizations. For example, over the past two centuries, their total number has more than doubled. In total, according to the data of the Union of International Associations in 1998, there were more than 6,000 international organizations in the world. According to scientists, if we take into account all without exception the structures associated with international activities ( charitable foundations , conferences ), then their total number will reach about 50 thousand.

Modern international organizations reflect the unity of cooperation of many peoples and nations. They are characterized by the further development of competence and the complication of their structures. The presence of a large number of organizations, as well as the specifics of each of them, allow us to conclude that a system of international organizations has been formed, the center of which is the UN.

A characteristic feature of modern international relations is the ever-increasing role of international organizations as one of the ways to regulate and develop relations between states. They became permanent and very important phenomenon in international life. This organizations own important role in the process of creation and control for the observance by states of the norms of international law. And in the future this role will grow. Today, international organizations are the main means of communication and cooperation in various fields. This happens as a result of the demands of life.

The main reasons for the emergence of new international organizations in the last decade have been deep, high-quality, civilizational changes in the world . These processes came manifestations of globalization, which lies in the fact that many social, economic, cultural , political and other relations and ties acquires a worldwide character. At the same time, it implies an increase interactions, both within individual states and between states. [ 17 , p.9]

Thus, analyzing the role of international organizations in modern international relations, we can conclude that international organizations, representing stable structures of international relations, are an instrument of political regulation of international life, contribute to the codification of international relations.

2. LEGAL NATURE OF INTERNATIONAL ORGANIZATIONS.

One of the features of modern international organizations, their difference from state military alliances (which had then in the Middle Ages) is respect for the equality and sovereignty of the participating States. This principle is implemented through the contractual basis of international organizations, voluntariness and the interstate nature of membership. This also finds its expression in the advisory status of decisions.

The basis of the legal nature of international organizations lies ratio common their goals and interests of states, which reflected in the founding act.

Constituent (or founding) an act is an international treaty fixing the status, structure and mission of an organization. He may have various names: charter, charter, constitution i, statute, convention, pact . Different terminology is also applied to the names of the organizations themselves. it may be federation, confederation, association ia, union, alliance, league, co friendship, community . Name difference does not affect the status. Some organizations that do not have a founding act, as they developed, gradually codified the scope of their activities and the structure of the institutional framework, having created so the way basis for functioning international organization . So approx The OSCE serves as a rump. emergence given organization was accompanied not by the signing of a constituent act, but by the development of a number of international initiatives.

Founding act of an international organization expresses general views many states that wish to act together to achieve certain goals. In the theory of international relations, it is generally accepted that these intergovernmental agreements should bind at least three states, and therefore structures created on the basis of bilateral agreements are not considered international organizations.

The charter of the organization fixes its powers, but not always can do it with sufficient completeness. To do this, the concept of "implied powers ( implied powers )”, which are understood as additional powers needed to achieve statutory organization goals . [ 13 , p.93]

The legal basis of the organization is the "rules of the organization". Article 2 of the Vienna Convention on the Law of Treaties involving Organizations, 1986, states that “they include the constituent instruments of the organization, the decisions and resolutions adopted in accordance with them, as well as the established practice of the organization » . Founding acts are treaties, but treaties of a special kind. They indicate a special procedure for the participation and termination of the country in the organization. Becoming a member is possible only as a result of the admission procedure. By decision of the organization, membership may be suspended.

International organizations are not subjects of international law in the full sense of the word, although they are carriers of certain international rights and obligations. This is usually called secondary legal personality.

At present, it is widely recognized in science that states, with creating an organization, they form a new subject of international law and endow it with a certain legal and legal capacity, which means scope of legal personality of organizations much lower than the state, which is targeted and functional.

An international organization created by states to fulfill specific goals and objectives is endowed with the competence fixed in the constituent act. From the point of view of international law, the competence of an international organization is an object or sphere of its substantive activity. In most Western theories of international law, a broad interpretation of the competence of international organizations is widespread. Supporters « immanently th competencies » ( Norway Russian lawyer F. Seidersted) and « implied-my competence » ( English lawyer

V. Bowet) proceed from the fact that any international organization can take the actions necessary to achieve its goals, regardless of the specific provisions of the founding act or other international agreements, either by virtue of immanent properties inherent in international organizations, or on the basis of an implied competencies that can reasonably be derived from the goals and objectives of the organization. Both concepts are close to each other, as they derive the competence of international organizations from its goals and objectives, which contradicts the contractual nature of modern international organizations. [ 16 , p.16]

International organizations have contractual legal capacity. As established by Article 6 of the Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations of 1986 , "the capacity of an international organization to conclude treaties is governed by the rules of that organization." [ 7 ]

Such agreements may concern both the status of an international organization (for example, an agreement on the opening of a representative office) and the fulfillment of its mission. It is possible to enter into contracts attributed the right to passive missions - the creation of permanent missions of the organization in the participating countries, as well as the right to active missions, which allows international organizations have representation in participating countries or other organizations .

The legal status of international organizations has a dual character. Internal law exercised in the territory of the contracting states rst, allows you to act on about again various contracts or be the subject of proceedings in court. The legal status is provided by the fundamental act of the organization. Article 104 of the UN Charter clarifies: “The Organization shall enjoy in the territory of each of its members the legal capacity necessary for the exercise of its functions. shares and achieve their goals”. [ 1 .]

International legal status, in contrast to the status of states with full competence, about determined by goals, competence powers and powers given to an international organization and set out in the founding act .

International organizations have the right to participate in diplomatic relations. Their representatives enjoy full diplomatic privileges and immunities. which are guaranteed in conventions on the privileges and immunities of special institutions of November 21, 1947 . : “Special institutions, including property, enjoy the immunity of this jurisdiction, their buildings cannot be the object of encroachment, their property cannot be the object of search or confiscation or any other form of executive coercion: administrative, legal either legal or statutory”. [ 2 . ]

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