Explain different types of functions of international organization?
Question: Explain different types of functions of international organization?
Introduction:
International organization is designed to make and
enforcement of international law, security, economic development and social progress.
International organizations provide a common platform wherein representatives
from different parts of the world can discuss and evolve solutions for
contemporary issues.
Function of International Organizations:
The role of international organizations depends on the
interests of their member States. States establish and develop international
organizations to achieve objectives that they cannot achieve on their own. The
participating countries define the functions of the International
Organizations. The international organizations also help in co-operation
between different countries by setting up negotiation deals between them.
1. Treaty making function:
International
organizations depends upon the constitutions of there organizations. The
functions related to making treaty are not specifically mentioned in those
constitutions but are impliedly vested upon the international organizations. The
function of the international organizations is setting up multilateral or
bilateral agreements between countries. The multilateral agreements that are
settled by the international organizations occur in sections like environment
protection and development trade etc.
At
present International organizations perform many functions and there functions
are constantly increasing. The main functions of international organizations
may be summarized bellow:
1.
To
keep intact the sovereignty of member state.
2.
To
establish and expend peaceful co-operation among them.
3.
To
ensure peaceful and healthy competition between the individual state.
2.
Privileges and immunities to exercise there functions:
It
is essential for international organization to have certain privileges,
exemptions, and immunities so that they may work smoothly, effectively, and
independently. Article 105 of UN Charter provides that, the organization shall
enjoy privileges and immunities those are necessary for the fulfillments of its
purposes with in the territory of its Members States and also the
representatives of the Members of the United Nations and officials of the
Organization shall similarly enjoy such privileges and immunities for exercise
of their functions in connection with the Organization.
3. Capacity to make International Claims:
Legal
personality is a definite legal conception. Legal personality of international
organization is means that, the organization is capable of having legal rights
and duties such as enter into contract with other states and to create legally
binding rules for themselves. Though legal personality an international
organization is able to sign international treaties in its own name and can
instituting legal proceeding. Legal personality of an international
organization is adjudging by the provision of the constitution of the
respective organization.
In a landmark Reparation case of 1949 the ICJ found
that, International organization (UN) could indeed have international legal
personality and thus have rights and obligations under international law. The
ICJ claimed that international legal personality of the UN was derived from the
UN Charter and capable to bring claim against members and non members for
direct injuries to the UN.
4. Legal capacity to
perform function:
Legal
capacity for international organizations is really necessary. Legal capacity
may be expressly laid down in the constituent instrument or may arise
impliedly. International organizations have legal capacity for functional
protection such as International Civil Aviation Organization (ICAO) enjoys
legal capacity with in the territory of its Members
States for the fulfillments of its functions i.e. damage caused to the interest
of the organization itself, to its administrative machinery, to its property
and assets and the interest of which it is the guardian.
5.
Responsibility of international organizations:
The
international organization has responsibility for discharge there functions.
International organizations are subject of international responsibilities in
the event of violation of international law by its organ and wrongful act in
connection with the conduct of organization. Every wrongful act of an
international organization entails the international responsibility of that
organization. Many International treaties make provisions that every
International organization and its member’s state are responsible for damage
caused by the activities carried out for exploration and use of outer Space.
An act of an international organization does not constitute a
breach of an international obligation unless the organization is bound by the
obligation in question at the time the act occurs.
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