AT modern world international organizations are the main organizer of communication between states. international organization – this is an association of states in accordance with international law and on the basis of an international treaty for the implementation of 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 into an autonomous will, the scope of which is determined by the will of the member states.

Modern international organizations are divided into 2 main types:

Intergovernmental;

Non-Governmental Organizations.

The role of both of them is significant, and all of them contribute to the communication of states in various fields life. But still, these two types have their own characteristics, signs.

Any intergovernmental organization must have at least six features.

First, it is created in accordance with international law. This is the most significant feature of decisive importance. Any government organization should be created on a legal basis, namely, the organization should not infringe on the interests of an individual state and international community generally.

In addition, any international organization is created on the basis of an international treaty(convention, agreement, treatise, protocol, etc.). The parties to such a treaty are sovereign states, and in recent times participants of international organizations are also intergovernmental organizations. For example, the EU is a member of many international fisheries organizations.

Target creation of any international organization is uniting the efforts of states in a particular area:

political (OSCE) ,

Military (NATO) ,

Economic (EU) ,

monetary and financial (IMF)

- and in others.

But an organization like UN should coordinate the activities of states almost in all areas . In this case, the international organization acts mediator between states - members. Sometimes states refer the most complex issues of international relations to organizations for discussion and resolution.

It is very important for every international organization to have an appropriate organizational structure . This sign, as it were, confirms the permanent nature of the organization and thus distinguishes it from numerous other forms of international cooperation. Intergovernmental organizations have headquarters, members represented by sovereign states and subsidiary bodies.

The next important feature of an international organization is the presence she has rights and obligations, which in general form enshrined in her founding act . An international organization cannot exceed its powers.


An international organization also has independent international rights and obligations, that is, it has an autonomous will different from the will of the member states. This sign means that any organization in its field of activity can choose independently the means of fulfilling the rights and obligations assigned to it by the member states. Thus, an international organization that has the above features is considered an international intergovernmental organization.

But as already mentioned, in the modern world there is another type of international organizations, these are international non-governmental organizations, which are considered to be any international organization that is not established on the basis of an intergovernmental agreement. Such organizations must be recognized by at least one state, but carry out their activities in at least two states. Are being created similar organizations on the basis of the founding act. Similar organizations emerged in early XIX century, and now there are about 8000 . International Non-Governmental Organizations (INGOs) play an active role in all aspects of modern international relations. And in a number of areas they are even leaders, for example, this red cross committee , whose principles of activity are humanity, impartiality, independence and voluntariness, has made a great contribution to the interaction of states in various fields.

An international non-governmental organization complies with the following conventions criteria:

The goals of the organization are of international importance;

Activities to achieve established goals - of international importance;

The state of registration is chosen by the founders of the organization and the establishment of the organization is carried out in accordance with the internal legislation of the state of registration;

Members (participants) of the organization are subjects of at least two states, or the effective activity of the organization is carried out in at least two states.

However, despite some difference between international intergovernmental and non-governmental organizations, they actively cooperate. The main form of such cooperation is the consultative status. Each intergovernmental organization has its own rules for granting consultative status to INGOs.

International organizations of any kind are recognized to solve various problems in their fields of activity. About 1000 international conferences are currently convened annually to solve political, economic, military and other problems. As an institution of international relations, they appeared in the second half of the 19th century. According to experts, in the middle of the 21st century, approximately 50,000 international conferences will be held annually. International conferences are not international organizations, but are more commonly referred to as multilateral or parliamentary diplomacy.

Any conference has strictly defined goals and objectives. Most often, intergovernmental conferences are convened for the development and adoption of international treaties, the conclusion of acts, a set of principles for cooperation in a specific area of ​​international relations. For example, the Vienna meeting in 1986. representatives of the participating States, the Conference on Security and Cooperation in Europe approved the Final Document, which determined the main areas of cooperation in the field of economy, science and technology, and environment. A significant number of international conferences are convened to discuss the pressing problems of our time. Behind last years the most important international conferences convened under the auspices of the United Nations.

The formation of any type of international organizations was based on the importance of solving a particular problem that arises between states. The importance of the problem was determined by the independent states themselves, hence their classification was determined, that is, international organizations aimed at solving these problems acquired the status of an intergovernmental or non-governmental international organization.

The law of international organizations governs legal issues creation and activities of interstate organizations.

Exists various definitions international organizations. No one international act does not establish the concept of an international organization.

As a rule, the definition is given through the disclosure of the characteristics of an international organization.

In theory international law distinguish the following characteristics:

This is an association of states (or other subjects of international law), created on the basis of an international treaty to fulfill certain goals;

An international organization must have a system of permanent bodies;

It must have international legal personality;

An international organization must have a will of its own;

Must be established in accordance with the norms of international law, as well as its goals and objectives must comply with the principles of international law.

The basis for the creation of any international organization is the founding act, which has the legal nature of an international treaty. But at the same time, such contracts have certain peculiarities. Thus, according to constitutional theory, the statutes of modern international organizations, primarily the Charter of the United Nations, are constitutions or, in the main, constitutions and only partially international treaties, and therefore the provisions of the law of treaties are inapplicable or almost inapplicable to them. The main idea of ​​this theory, which focuses on American and English

The most common constitutional practice is that the statutes of international organizations, as constitutions, are “flexible” documents, from the provisions of which practice can deviate, and this departure will not be a violation, but a change in these statutes.

The application of the law of international treaties to the charters of international organizations reveals a whole series of significant deviations, in particular:

Joining an organization versus joining a treaty;

Reservations to the articles of association in cases where the articles of association do not contain a provision on reservations;

Suspension of membership in an international organization,

exclusion from the organization

Exit from it;

Change of statutes; interpretation of the statutes.

In the theory of international law, the opinion is expressed that the charters of international organizations are international treaties of a special kind, sui generis treaties. The statute of an international organization, unlike a conventional multilateral international treaty, creates a permanent international education which operates on its basis. It defines not only the rights and obligations of the states parties to the treaty, but also the goals and objectives of the organization, the functions and competence of the organs of the organization, the relationship between the organization and the member states, etc. In other words, the statute of an international organization is a more complex phenomenon than the usual multilateral agreement.

As a rule, the constituent act of the organization establishes:

The goals of the interstate association,

Functions and powers,

membership terms,

organizational structure of the organization,

The competence of its main bodies and the basic conditions for the exercise of this competence, in particular the procedure for adopting acts within their powers (recommendations, decisions, declarations, etc.).

On the basis of the constituent act, the competent bodies adopt the rules of procedure and other rules of the organization, form subsidiary bodies. All this ensures the organizational and legal unity of the interstate association, turning it into an international organization.

One of the main features of an international organization is the possession of international legal personality. The scope of rights and obligations in which quality is manifested international legal personality, y different organizations different. It depends on the goals and objectives of organizations and is determined by a number of political, economic, social and other factors of international life.

The legal personality of international organizations differs from the legal personality of states:

a) by source (origin) of legal personality;

b) by the nature and content (volume) of legal personality;

c) according to the method of termination of legal personality.

The international legal personality of international organizations also follows from their very essence, from those basic features that characterize any international organization. If initially the competence of the organization was understood narrowly - functionally, then at present, along with such an understanding, other approaches have been established.

The concept of "immanent competence". It is assumed that the founding states of the organization enter into an agreement not only on the nature of its goal, but also on the means to achieve this goal. The concept of immanent competence, which proposes to be guided exclusively or mainly by the goals proclaimed in the charter of an international organization, fundamentally contradicts the legal nature of modern general international organizations as interstate entities of peaceful coexistence.

The concept of "implied competence". Under international law, an organization must be presumed to have powers which, although not expressly provided for by the constitution, are logically conferred on it as essential to the performance of its duties.

Broadly formulating the concept of "implied competence", it is argued that there is a rule of international law, according to which it should be understood that the member states of an international organization provide such competence, which is necessary for the implementation of the goals and functions of the organization. That is, "implied competence" implies such powers as can reasonably be inferred from the purposes and functions of the organization in question.

In general, we can talk about the following components of the international legal personality of organizations:

1. Participation in international relations in accordance with the functions, competence and goals established by their constituent acts.

2. Participation in international rule-making. The types, directions and scope of the rule-making powers of any international organization are fixed in the agreement on its creation or in other documents supplementing it. The most typical forms of fastening:

a) direct mention of specific types and forms of rule-making activity in the founding act (charters of the UN, FAO, etc.);

b) such a statement of functions and powers, the interpretation of which allows us to speak about the presence of rule-making competence (such an interpretation is present in the resolutions of the main bodies of the organization);

c) an indication of the types and forms of lawmaking in agreements concluded by the Member States between themselves and the organization, which can be considered as an addition to the constituent act;

d) a general statement of multilateral treaties of a universal type of one or another rule-making ability of an organization (for example, the Vienna Convention of 1986).

International organizations take an active part in the international rule-making process. They have contractual power. The bodies exercising the contractual legal capacity of an international organization are the plenary body; general meeting and executive agency; general secretary. As a rule, the body authorized to conclude agreements is determined on the basis of the constituent act and documents supplementing it. In addition, an international organization can assist in the implementation of rule-making by states.

An international organization has a certain set of privileges and immunities necessary for the performance of the tasks assigned to them. They are enshrined in the founding acts and special agreements on immunities (the UN Charter, the UNESCO Charter, the 1946 UN Convention on the Privileges and Immunities of the UN, the 1947 General Convention on the Privileges and Immunities of the Specialized Agencies, the agreement of international organizations with the states in which they are located central institutions - the UN has concluded such agreements with the United States, Switzerland, the Netherlands). Organizations and their officials have privileges and immunities. The scope of the privileges and immunities granted by the organization is such that it indisputably testifies to its independent existence, including from sovereign subjects.

Within the framework of international organizations can operate judiciary(international court, special courts for resolving a specific dispute, etc.). Some organizations may seek advisory opinions from the International Court of Justice. In addition, organizations offer such means as conciliation and mediation, consultation and good offices, arbitration.

International organizations can apply international legal sanctions to states, for example:

Suspension of rights and privileges arising from membership in the organization (deprivation of the right to vote in the bodies, the right to representation in the bodies, the right to receive assistance and services);

Exclusion from the organization;

Denial of membership;

Exclusion from international communication on certain issues of cooperation.

In addition, some organizations may apply sanctions such as:

Coercive measures, up to the use of armed forces (UN);

- "corrective measures", including submissions to states on the suspension of the operation of nuclear facilities (IAEA).

Exists different kinds international organizations. The following classification of international organizations can be given:

1. According to the criterion of membership: interstate (intergovernmental), non-governmental and mixed (International Council of Scientific Unions).

2. Permanent and temporary (conferences, meetings, congresses, etc.). At present, the vast majority of conferences are held either by one or another international organization directly or under its auspices.

3. By terms of reference (objects of activity): organizations of a general nature, whose competence includes a wide range of political, economic, social cooperation(UN), organizations with special competence limited to a relatively narrow range of issues or even one issue of cooperation (UN specialized agencies).

4. According to the geographic scope of activities (by the circle of participants), world (universal) organizations are distinguished, which cover all or the vast majority of states and regional organizations whose members are states belonging to a certain geographical area.

5. According to the peculiarities of registration of membership: open and closed.

Legal nature of international organizations

The basis for the functioning of international organizations is the sovereign will of the states that establish them. Such an expression of will is embodied in an international treaty concluded by these states, which becomes both a regulator of the rights and obligations of states, and a constituent act of the organization.

Usually international treaties that form international organizations are called statutes. Such acts clearly formulate the idea of ​​their constituent nature, and they serve as a legal basis for international organizations, proclaiming the goals and principles of the organization, a criterion for the legitimacy of their decisions and actions.

Constituent acts fix the provisions on the legal personality of the organization, including such aspects as the functional purpose of legal personality, forms and methods of its implementation.

In addition, the constituent acts of the organization characterize its status, that is, the implementation as legal entity functions of the subject of law.

World trade Organization(WTO)- the successor since 1995 of the General Agreement on Tariffs and Trade (GATT, signed in 1947; in the early 90s, more than 150 countries participated in it).

The package of documents for the creation of the WTO also includes the General Agreement on Trade in Services (GATS) and the Agreement on Trade-Related Aspects of Intellectual Property Rights.

At present, the most important task of the WTO is the liberalization of world trade by consistently reducing the level of import duties and eliminating various non-tariff barriers. In its activities, this organization proceeds from the fact that the expansion international exchange will allow the most optimal use of world resources, ensure stability economic development all countries and the preservation of the environment.

European Free Trade Association (EFTA)- a regional economic grouping created in 1960. Its initial composition included Austria, Great Britain, Denmark (until 1973), Norway, Portugal (until 1983), Switzerland, Sweden.

At a later stage, Iceland, Finland and Liechtenstein joined this organization. In 1991-1993 free trade agreements have been signed with Turkey, Czechoslovakia, Israel, Poland, Romania, Hungary and Bulgaria. According to the agreement on the European Economic Area (entered into force in 1994), the EFTA member countries became its participants (with the exception of Switzerland and Liechtenstein).

European Communities (EU)- the general name of the three regional integration groups Western Europe: the European Economic Community (EEC, established in 1957), the European Coal and Steel Community (ECSC, 1951), as well as the European Community for atomic energy(Euratom, 1958).

After the participants of these organizations passed a number of stages in the development of integration processes, the most notable event was the adoption of the Single European Act (1986), which clearly outlined the idea of ​​creating the European Union.

European Union (EU)- an integration association created on the basis of the European Communities in 1993 in accordance with the Maastricht Treaty (1992). Initially, 12 countries had membership in the EU: Belgium, Great Britain, Germany, Greece, Denmark, Ireland, Spain, Italy, Luxembourg, the Netherlands, Portugal and France. Under the 1994 agreements, three more countries joined the union (1995): Austria, Finland and Sweden.

Continuing to develop the ideas of creating a united Europe (the so-called "Europe without borders"), this grouping seeks to form a political, economic and monetary union of the participating countries.

United Nations Conference on Trade and Development (UNCTAD, United Nations Conference on Trade and Development, UNCTAD)- is an organ of the UN General Assembly established in 1964.

The most important task of UNCTAD is to promote the development international trade.

International Development Association (MAP) - specialized agency UN; established in 1960 as a branch International Bank reconstruction and development. MAP provides loans primarily developing countries on somewhat more favorable terms than the IBRD.

International Bank for Reconstruction and Development (IBRD)- a credit institution with the status of a specialized agency of the United Nations. The IBRD was founded in 1944, but began operating in 1946, providing medium and long-term loans. Membership in this organization is granted only to members of the IMF.

IBRD has branches: the International Development Association, the International Finance Corporation and the Multilateral Investment Guarantee Agency. Together with its branches, the IBRD is sometimes referred to as the World Bank.

International Monetary Fund (IMF) - financial institution, which has the status of a specialized agency of the United Nations.

The IMF was founded in 1944 (Bretton Woods, USA), and has been operating since March 1, 1947. The most important tasks The Fund is to promote the development of monetary and financial relations between member countries, maintain exchange rates, provide credit assistance in order to equalize the balance of payments.

About 180 states are now members of the Fund, including Russia (since 1992) and other CIS countries.

United Nations (UN) is an international organization whose members are now more than 180 countries.

The UN was established in 1945 with the aim of maintaining and strengthening peace, security and development of international cooperation, including in the economic sphere. A number of its main organs and specialized agencies play prominent role in modern international economic relations.

Organization of the Petroleum Exporting Countries (OPEC) is an international intergovernmental organization. It was created in 1960 in order to protect the interests of the main oil-producing states of Asia, Africa and Latin America, coordinating the production and export of oil, as well as agreeing on prices for this energy carrier.

13 countries have membership in OPEC: Algeria, Venezuela, Gabon, Indonesia, Iraq, Iran, Qatar, Kuwait, Libya, Nigeria, UAE, Saudi Arabia, Ecuador.

In the 70s. OPEC has repeatedly raised and introduced a single selling price for oil. However, the significantly increased oil production in countries that are not members of this organization has reduced the role of OPEC in world oil production and trade.

Organization economic cooperation and Development (OECD)- organization of the most economically developed countries of the world; established in 1960 to coordinate their economic and social policy. By 1997, the number of its members increased to 29 (the last of them in November 1996 was the Republic of Korea).

The OECD at this stage is not an integration association like the EU. This organization focuses its activities on the development of recommendations to the participating countries on foreign economic problems, while not significantly affecting the issues of their internal socio-economic development.

"Paris Club"- an intergovernmental organization of creditor countries, members of the IMF. A group of leading industrialized states formed this "club" in 1961 with the aim of creating conditions for borrowing from it financial resources IMF member countries in the event of a shortage of fund resources in crisis situations.

The "Paris Club" began its activity in 1962 under the General Loan Agreements with the IMF.

"Roman Club"- international social organization, created in 1968 with the aim of studying the main aspects of human development in the era of scientific and technological revolution. "Club" played important role in drawing the attention of the world community to global issues modern civilization, generated by contradictions community development, dramatically increased human impact on the environment.

UN Economic Commissions- five regional economic commissions, whose activities are carried out under the leadership of the United Nations Economic and Social Council (ECOSOC). These are the Economic Commission for Europe (EAC, established in 1947), the Economic and Social Commission for Asia and Pacific Ocean(ESCAP, 1947), Economic Commission for Latin America (ECLA, 1948 and 1951), Economic Commission for Africa (ECA, 1958), Economic and Social Commission for Western Asia (ECWA, 1974).

United Nations Economic and Social Council (ECOSOC)- one of the main bodies of the UN, which, along with the UN General Assembly and under its leadership, is responsible for the implementation of the functions of the UN in the economic and social spheres.

The Council is the governing and coordinating body of the UN agencies in these areas. ECOSOC discusses issues of international economic and social policy, develops fundamental recommendations to the governments of the UN member states and establishes its system.

When classifying international organizations, various criteria can be applied.

1. By the nature of the members, they can be distinguished:

1.1. interstate (intergovernmental) - participants are states

1.2. non-governmental organizations - unite public and professional national organizations, individuals, for example, the International Red Cross, the Inter-Parliamentary Union, the International Law Association, etc.

2. According to the circle of members, international organizations are divided into:

2.1. universal (worldwide), open to the participation of all states of the world (the United Nations (UN), the United Nations Educational, Scientific and Cultural Organization (UNESCO), the World Health Organization (WHO) and other organizations of the UN system (its specialized agencies), International Atomic Energy Agency (IAEA), International Organization civil defense and etc.),

2.2. regional, whose members can be states of one region (Organization of African Unity, European Union, Commonwealth of Independent States).

3. According to the objects of activity, we can say:

3.1. about organizations general competence(UN, Organization of African Unity, Commonwealth of Independent States, Organization for Security and Cooperation in Europe)

3.2. special (International Labor Organization, Universal Postal Union). There are also political, economic, social, cultural, scientific and other organizations.

62. Legal nature of an international organization

An international intergovernmental organization has a derivative and functional legal personality and is characterized by the following features.

First, it is created by states that fix their intention in a constituent act - the Charter - as a special version of an international treaty.

Secondly, it exists and operates within the framework of the constituent act that determines its status and powers, which gives its legal capacity, rights and duties a functional character.

Thirdly, it is a permanent association, which is manifested in its stable structure, in the system of its permanent bodies.

Fourth, it is based on the principle of sovereign equality of member states, while membership in the organization is subject to certain rules that characterize the participation of states in the activities of its bodies and the representation of states in the organization.

Fifth, states are bound by the resolutions of the organs of the organization within their competence and in accordance with the established legal force of these resolutions.

Sixthly, each international organization has a set of rights inherent in a legal entity. These rights are fixed in the constituent act of the organization or in a special convention and are implemented subject to the national legislation of the state in whose territory the organization performs its functions. As a legal entity, it is competent to enter into civil law transactions (conclude contracts), acquire property, own and dispose of it, initiate cases in court and arbitration, and be a party to litigation.

Seventh, an international organization has privileges and immunities that ensure its normal activities and are recognized both at the location of its headquarters and in any state in the exercise of its functions.

For the legal nature of international organizations, it is characteristic that its common goals and principles, competence, structure, area of ​​common interest have an agreed contractual basis. Such a basis is the statutes or other constituent acts of international organizations, which are international treaties. The question of the relationship between state sovereignty and the general goals and interests of the organization is resolved in its founding act.

international organization- a permanent association of an intergovernmental or non-governmental nature, created on the basis of international agreement in order to facilitate the resolution of the agreed international problems. International organizations are characterized by:

- the presence of a constituent document;

— permanent or regular nature of the activity;

- using multilateral negotiations and discussion of problems as the main method of activity;

There are intergovernmental, non-governmental, global and regional international organizations.

United Nations is an international organization of states founded in 1945. in order to maintain and strengthen peace, security and development of international cooperation.

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

United Nations Educational, Scientific and Cultural Organization (UNESCO, English: United Nations Educational, Scientific and Cultural Organization) - established in 1946. a specialized agency of the United Nations that contributes to the implementation of the goals of universal education, the development of culture, the conservation of the world's natural and cultural heritage, international scientific cooperation, ensuring freedom of the press and communication.

European Economic Community (EEC)- the name of the European Union until 1994. The European Community was founded under the Treaty of Rome in 1957. as a common market of six European states.

European Union- economic association of 15 . The EU has created a single domestic market, restrictions on the free movement of goods, capital, labor between countries have been lifted, a single monetary system has been formed with a single governing monetary institution.

Organization of the Petroleum Exporting Countries(OPEC, English: Organization of the Petroleum Exporting Countries) is a cartel (association of entrepreneurs), formed in 1960. some oil-producing countries in order to coordinate the policy of oil production and control over world prices for crude oil. OPEC sets quotas for oil production.

World Trade Organization (WTO)- founded in 1995, a global international organization that deals with the rules of international trade. The WTO is based on agreements negotiated, signed and ratified by the majority of countries participating in international trade. The purpose of the WTO is to help producers of goods and services, exporters and importers in the conduct of their business. The WTO is the successor to the GATT.

Association of Southeastern States ()- founded in 1967 regional organization, which included , and . ASEAN Goals - Acceleration economic growth, social progress and cultural development countries, establishing peace in the region.

North Atlantic Treaty Organization(NATO, English: North Atlantic Treaty Organization) - military political union, created on the initiative on the basis of the North Atlantic Treaty, signed in April 1949 in the United States,