What do you understand by the laws of international organization? Explain different types of international organization?
Question: What
do you understand by the laws of international organization? Explain different
types of international organization?
Introduction:
The international
organizations are the outcome of formal political agreements and generally
contributions by national governments. The existence of international
organizations is recognized by law in their member countries.
International Law Commission defined: An International Organization as an
organization established by a treaty or other instrument governed by
international law and possessing its own international legal personality.
International Organizations generally have States as members, but often other
entities can also apply for membership.
Laws of
international organization: The applicable or proper law of international organizations is international
law. The traditional
body of international law developed though customs, treaty, and arbitral
decision. But now international organizations are significantly included as the
subject of international law in line with the state. So it revels that
international law and international organization are keenly related with each
other. Law of international organization deals with those international
customary rules and regulation which determines:
- The composition, powers and function of international organization (I.O).
- The relation between states and (I.O) and between int. organization themselves as well.
- The rights and obligation of other Int. organization as the subject of legal personality.
So it appears that international
organization deals with the rules and regulation in respect of the composition,
powers and function of international organization. The international
organizations are generally based on there Constitution and following the
general principles of international law.
International organization plays a
vital role in creating customary international laws. The proposals,
declarations or decisions taken unanimously by the international organization
are considered to abide by that organization. In practice the international
organization are entitled to frame some specific convention, rules, and
regulation for administration and smooth running of the organization. This
internal administrative rules and regulation create sufficient impact in the development
of international law.
Kinds of International
Organizations:
Generally the
term international organization is used to mean international governmental
organizations only. Modern International organizations may be classified into two main categories:
- Intergovernmental organizations.
- International Non-governmental organizations.
1. Intergovernmental
organizations:
The members of
international intergovernmental organization are sovereign states. Legally
speaking, an international organization must be established by a treaty
providing it with legal recognition involving two or more nations, to work in good faith, on issues
of common interest. Hundreds of (IGO) operate in all parts of the world. In the
absence of a treaty an (IGO) does not exist in the legal sense. Intergovernmental organizations that are
formed by treaties are more advantageous because they are subject to
international law and have the ability to enter into enforceable agreements
among themselves or with states.
The main purposes of (IGO) were to
create a mechanism for the world's inhabitants to work more successfully
together in the areas of peace and security, and also to deal with economic and
social questions. In this current era (IGO) plays a very significant role in
international political systems and global governance. The Intergovernmental
organizations may be global or regional in character on the basis of the nature
and functioning.
Global Intergovernmental organizations: Membership is
open to all the nations of the world.
- United Nations, its specialized agencies
- World Trade Organization
- Universal Postal Union
Regional Intergovernmental organizations: Membership
is open to a particular region or continent of the world.
- European Union (EU)
- Organization of Petroleum Exporting Countries (OPEC)
- South Asian Association for Regional Cooperation (SAARC)
NOTE: In general, regional (IGO) have
experienced more success than global ones, and those with specific purposes
have worked better than those with broad aims.
2. International
Non-governmental organizations:
International Non-governmental organizations are private
organizations whose memberships and activities are international in scope and
have outposts around the world to deal with specific issues in many countries.
The main focus for INGOs is to provide community based services. These
organizations projects in health, like HIV/AIDS awareness and prevention, clean
water, and malaria prevention, and in education, like schools for girls.
INGOs do not possess the legal status
like national governments. However, the UN and other international forums
recognize many INGOs as important political institutions because they
coordinate the actions of members for mutual gain. Examples are Greenpeace, the
Amnesty International, and the International Committee of the Red Cross. International
Non-Governmental Organizations:
- Set up by individuals or groups.
- Governed by the law of the country where it is incorporated.
- States are usually not parties of INGOs
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