মঙ্গলবার, ২৫ ফেব্রুয়ারী, ২০১৪

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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