supranational international organizations. Regional, national and supranational public organizations: role and importance in labor markets

In modern international relations international organizations play a significant role as a form of cooperation between states and multilateral diplomacy.

emergence international organizations in the 19th century was a reflection and consequence of an objective trend towards the internationalization of many aspects of society. Since the establishment of the Central Commission for the Navigation of the Rhine in 1815, international organizations have been endowed with their own competence and authority. A new stage in their development was the establishment of the first international universal organizations - the Universal Telegraph Union (1865) and the Universal Postal Union (1874), which had a permanent structure.

An international organization is an organization established by an international treaty, designed to coordinate the actions of the member states on an ongoing basis in accordance with the powers granted to it.

Similar definitions are found in international legal acts See: Convention on legal status, privileges and immunities of interstate economic organizations operating in certain areas international cooperation, 1980 // SMD. Issue. XXXVIII. P. 179. Organizations have a variety of names: organization, fund, bank, union (Universal Postal Union), agency, center. It is known that the UN in other languages is called "United Nations". All this does not affect the status of organizations.

Various criteria can be applied to classify international organizations. By the nature of their membership, they are divided into interstate and non-governmental.

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. Activities of organizations general competence affects 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.

Classification according to the nature of powers makes it possible to 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).

The term "international organizations" is used, as a rule, in relation to both interstate (intergovernmental) and non-governmental organizations. However, their legal nature is different.

The following features are characteristic of an interstate organization: membership of states; existence of a constituent international treaty; permanent bodies; respect for the sovereignty of member states. Taking into account these signs, it can be stated that an international intergovernmental organization is an association of states established on the basis of an international treaty to achieve common goals, having permanent bodies and acting in the common interests of member states while respecting their sovereignty. Such organizations are subjects international law.

The main feature of non-governmental international organizations is that they are not created on the basis of an interstate agreement and unite individuals and/or legal entities(for example, the Association of International Law, the League of Red Cross Societies, the World Federation of Scientists, etc.).

All this is determined international legal personality an organization whose will does not necessarily coincide with the will of each of its members.

International organizations are a body of cooperation between states, they are not of a supranational nature. international Court The UN has repeatedly emphasized that there is nothing in the nature of international organizations that would allow them to be regarded as something similar to a superstate. The Organization has only the competence that the states have endowed it with. See: ICJ. reports. 1980. P. 89, 103.

At the same time, supranational, supranational organizations also exist today. The states have delegated to such organizations the exercise of certain sovereign powers. On certain issues, they can make decisions directly binding individuals and legal entities. Moreover, such decisions can be made by majority vote. These organizations have a mechanism for the enforcement of their decisions. The European Union has supranational powers. At the same time, supranational powers are limited to certain areas. The extension of these powers to all spheres of the life of states would mean the transformation of a supranational organization into a federal state. Some features of a supranational organization are possessed by specialized organizations, although in general they are not. Organizations such as the International Telecommunication Union (ITU) or the International Civil Aviation Organization (ICAO) enforce their standards rather rigorously. Violation of the rules developed by these organizations practically means the impossibility of conducting relevant activities on an international scale.

The founding act of the organization is an international treaty. Therefore, the law of international treaties applies to it. At the same time, the charter is a treaty of a special kind. Under the Vienna Conventions on the Law of Treaties, 1969 and 1986, their provisions apply to a treaty that is the constituent instrument of an organization, without prejudice to any relevant rules of that organization. Under the rules of the organization is understood not only the charter itself, but also the decisions and resolutions adopted in accordance with it, as well as the established practice of the organization. The specifics of the charter as a contract relates primarily to the procedure for participation and termination of participation.

A very special position in international law is occupied by the UN Charter, which is regarded as a kind of constitution of the world community. According to the Charter, in case of conflict with other obligations of the Member States, the obligations under the UN Charter shall prevail.

Increasing demand for greater manageability international system defines the expansion of the powers of organizations, which are mainly determined by the statutes. Revising bylaws is a complex matter. The real development of their content is used as an output. To this end, two main means are resorted to: implied powers and dynamic interpretation of statutes.

Implied powers - additional powers of an organization that are not directly provided for by its charter, but are necessary to achieve its goals. International treaties refer to such powers. They found confirmation in the acts of the International Court of Justice.

In the Advisory Opinion, at the request of WHO on the legality of the application by the state nuclear weapons in Armed Conflict (1996), the Court, drawing on prior international jurisprudence, determined: “The needs of international life may make it necessary for organizations, in order to achieve their goals, to have additional powers not expressly provided for in the basic instruments governing their activities. It is generally accepted that international organizations may exercise such powers, known as "implied" powers."

Dynamic interpretation means an interpretation of the bylaws that develops its content in accordance with the needs of the organization in the effective performance of its functions. Swedish professor O. Bring writes: "During recent years we see how the Charter of the United Nations is interpreted in a flexible and dynamic manner in order to meet the keenly felt needs of the world community. "International Law as a Language for International Relations // UN. 1996. P. 503.

Today, the UN is not at all the same organization as it was in the early years of its existence. The changes take place without a formal change in the statutes, as a result of practices recognized by member states. The usual norms of steel formed in this way important part the rights of each organization.

Case Study: By Resolution 955 (1994), the UN Security Council established the International Criminal Court for Rwanda, citing ch. VII of the Charter "Actions in relation to threats to the peace, violations of the peace and acts of aggression". But there is no hint in this chapter of the possibility of establishing such a body. Chapter V provides for the possibility of establishing subsidiary bodies, but they cannot include a body with such powers as a criminal court. Despite all this, support by States for the decision of the Security Council or tacit acceptance of it gives it a legitimacy. This is seen as a very important way for the development of the law of international organizations.

International organizations performing separate supranational functions. They have exclusive competence on a number of issues and limit the functions of Member States in dealing with such issues. They have the right to oblige their members to obey its decisions without their consent, if the decision is taken by a majority of votes. The WTO, the World Bank and the IMF are international organizations of a limited supranational type.

Features of supranational organizations

The right to intervene in matters falling within the internal competence of the state according to its constitution

· In order to regulate these matters, the power to create rules that are binding on Member States and mechanisms to monitor and enforce compliance with these rules by Member States

· The right to oblige and empower individuals and legal entities of the Member States

· The assignment of broad powers to create rules and control their observance to non-representative bodies, i.е. international employees

The European Union is an example of an international organization of a supranational type

Main organs of the EU: European Council, European Parliament, EU Council of Ministers, European Commission, European Court of Justice

Regional integration associations. According to World Bank there are more than 100 regional groupings and initiatives in the world.

Integration associations are characterized by:

Territorial proximity

The similarity of economic and social development

· The presence of common cultural and historical traditions, types of societies, common political goals and objectives.

The essence of the process taking place in an international organization is to identify the interests of members, to coordinate them, to develop on this basis a common position and will, to determine the relevant tasks, as well as methods and means of solving them. The main phases of the organization's activity consist in discussion, decision-making and control over its implementation. From this follow three main types of functions of an international organization : regulatory, control, operational.

Regulating function is the most important today. It consists in making decisions that determine the goals, principles, rules of conduct of the Member States. Decisions of this kind have only a moral and political binding force; nevertheless, their impact on interstate relations and on international law cannot be underestimated: it is difficult for any state to oppose the decision of an international organization.

The resolutions of organizations do not directly create international legal norms, but they have a serious impact on both the law-making and law enforcement process. Many principles and norms of international law were originally formulated in resolutions. They have an important updating function. international problems by confirming and concretizing them in relation to the realities of international life: applying the rules to specific situations, organizations reveal their content.

Control functions consist in exercising control over the conformity of the behavior of states with the norms of international law, as well as with resolutions. For these purposes, organizations have the right to collect and analyze relevant information, discuss it and express their opinion in resolutions. In many cases, states are required to submit regular reports on their implementation of the norms and acts of the organization in the relevant field.

Operational functions international organizations are to achieve the goals of the organization's own means. In the vast majority of cases, the organization affects reality through sovereign states-members. At the same time, the role of direct activity is gradually growing. Organizations provide economic, scientific, technical and other assistance, provide consulting services.

International organizations can be classified according to a number of criteria.

1. Depending on the circle of members, organizations are distinguished as general or limited.

General or universal international economic organizations potentially designed for the participation of all states, although even today in the UN, some countries different reasons do not participate.

These organizations include the organizations of the UN system - the UN itself and the specialized agencies associated with it.

Limited membership organizations may be regional, i.e. open only to states of a certain geographical area, such as the Commonwealth Independent States, Organization of African Unity, League of Arab States, Organization of American States, Council of Europe.

In other cases, the possibility of membership is determined by other criteria. In the organisation economic cooperation and development involved only industrial the developed countries. Members of the Organization of the Petroleum Exporting Countries are countries for which the main source of income is the export of oil.

2. Depending on the nature of the competence, organizations are divided into those with general and special competence. . In the first case, the competence is not limited to any one area of cooperation. An example is the United Nations, which can deal with almost any international issue. The exception is specific issues that fall within the competence of its specialized institutions. Such a broad competence cannot but affect the powers of universal organizations, which are not entitled to make binding decisions, and therefore limited to discussion and acceptance of recommendations. In the name of securing peace an exception is made only for the Security Council the UN, which certain cases can make legally binding decisions.

3. According to the ratio of the volume of competence transferred by states to an international organization, distinguish:

¾ intergovernmental organizations performing coordinating functions in which the redistributed competence remains joint for the state and the organization;

¾ international organizations performing separate supranational functions which have exclusive competence on a number of issues and limit the functions of the Member States in their decision. An example is the obligation to comply with the decisions of the IMF and the World Bank in the monetary and credit sphere for the participating countries;

¾ supranational organizations , created to form the rules that are binding on member states, and mechanisms for monitoring and forcing participants to comply with these rules. Similar functions are vested in the supranational bodies of the European Union: the European Council, the European Parliament, etc.

4. On an organizational basis international economic organizations are divided into:

¾ international economic organizations of the UN system;

¾ international economic organizations that are not part of the UN system;

¾ regional economic organizations.

5. Depending from the sphere of international regulation international organizations are classified as:

¾ international economic organizations regulating economic and industrial cooperation and sectors of the world economy (UNDP, United Nations industrial development- UNIDO, World Tourism Organization, International maritime organization and etc.);

¾ international economic organizations regulating world trade(World trade Organization, United Nations Conference on Trade and Development - UNCTAD, international organizations of producing countries and exporters of food and raw materials);

¾ international monetary and financial organizations (International monetary fund, institutions of the World Bank);

¾ international and regional organizations, regulating entrepreneurial activity(UN Commission on TEC, etc.);

¾ international non-governmental organizations and associations that promote the development of world economic relations (international unions of entrepreneurs, chambers of commerce, industry associations and federations).

Only sovereign states are members of international organizations, and not their bodies, despite the fact that such organizations are often referred to as intergovernmental. Part of the state cannot be members of an international organization. All members equally participate in the work of the bodies of the organization and are responsible for its activities. They make contributions to the budget of the organization, including in unequal shares. For example, in financing the UN, the United States accounts for 25% of all expenditures, Japan - 19.9%, Germany - 9.8%, France - 6.5%, Italy - 5.4%, Great Britain - 5.1%, Spain - 2.6%. The rest of the countries account for 25.7%. The situation is similar in the formation of borrowed capital in the IMF. In practice, this often leads to the imposition of their will by the economically more developed members of the organization on the less developed ones.

After the Second World War, the colonial countries did not meet the requirements for membership in international organizations and were not interested in the activities of organizations. To solve the problem, we used associate membership . It differs from full membership in the absence of the right to vote and be elected to the executive bodies. In our time, associate membership is used in cases where full membership is temporarily or permanently impossible for one reason or another. Thus, many countries of Central and of Eastern Europe passed through the stage of associate membership in the Council of Europe.

International organizations also have observer status . It is granted to non-member states or to member states that are not part of the organ of the organization. Switzerland was represented by observers at many sessions General Assembly UN. Most UN members send their observers to meetings of the Security Council. Observer status was granted by the UN to a number of national liberation movements. Often specialized agencies and regional organizations send their observers to UN bodies. They have the right to attend the main meetings and receive documents.

Often, non-governmental organizations are given consultative status , which is close to the observer status. This practice is typical of the UN Economic and Social Council. Membership ends with the liquidation of the organization or the member state itself. Membership does not pass by succession. Russia took the place of the USSR not as a legal successor, but as a state-successor of the USSR.

During recent decades Numerous organizations have sprung up to monitor economic relations in the world, protect them and try to promote them through agreements.

GATT (General Agreement on Tariffs and Trade) = The General Agreement on Customs Tariffs and Trade is a general customs and tariff agreement that is supposed to reduce customs restrictions. The most favored nation clause determines that the customs benefits granted to one or another member state are valid for all other states.

OECD (Organization for Economic Cooperation and Development) = Organization for Economic Cooperation and Development. It originated from the organization OEEC (Organization of European Cooperation), founded in 1948, which included the states of the Benelux (Belgium, the Netherlands, Luxembourg), Denmark, France, Great Britain, Ireland, Iceland, Italy, Norway, Austria, Portugal, Sweden and Switzerland . Germany, Greece, Turkey, Spain, the USA and Canada joined later.

COMECON (Council for Mutual Economic Assistance) - Council for Mutual Economic Assistance, CMEA. The Council for Mutual Economic Assistance, founded in 1949 (located in Moscow), can be called the eastern opposite of the OESD. The CMEA members were the USSR, the GDR, Czechoslovakia, Poland, Hungary, Romania, Bulgaria and Mongolia. The goals of the CMEA were the coordination of national economic plans, the division of labor and the exchange of scientific experience. This organization does not currently exist.

The European Community (EC) wants to create a common market for all the goods of the member countries. It should not contain customs, quantitative and other restrictions. The European Community will have a single customs tariff for trade with other countries. Existing customs between the countries of the "nine" will be phased out. The European Community includes Belgium, Germany, Denmark, France, Greece, Great Britain, Ireland, Italy, Luxembourg, the Netherlands, Portugal and Spain.

The common agricultural policy should promote agriculture to such an extent that it is able to achieve higher productivity without harming a single country. Here, certain difficulties still need to be overcome.

Social achievements available in the countries of the "nine" (salary, different kinds social insurance, working hours, vacation) should be likened to each other (harmonized), that is, brought into line. All workers have freedom of movement for the purpose of employment in 12 countries.

The overseas territories of France, Belgium, Holland and Italy are freely included in the Common Market (as associate members).

Through free trade, the rest European countries, while not wishing to join the EU, get the opportunity to maintain contact with them. However, only the "Small Free Trade Area", EFTA (European Free Trade Association) = European Free Trade Association, which includes Sweden, Norway, Switzerland and Austria, is being implemented in advance.

The European Atomic Energy Community (Euratom) emerged as the third European economic community. Its tasks are: joint atomic research, exchange of research results, construction of experimental and production reactors (at nuclear power plants), general use produced energy, providing member countries with nuclear fuel (production, purchase, distribution). This community includes the states that form the European Community.

Features of supranational organizations

The right to intervene in matters falling within the internal competence of the state according to its constitution

· In order to regulate these matters, the power to create rules that are binding on Member States and mechanisms to monitor and enforce compliance with these rules by Member States

· The right to oblige and empower individuals and legal entities of the Member States

· The assignment of broad powers to create rules and control their observance to non-representative bodies, ᴛ.ᴇ. international employees

The European Union is an example of an international organization of a supranational type

Main organs of the EU: European Council, European Parliament, EU Council of Ministers, European Commission, European Court of Justice

Regional integration associations. According to the World Bank, there are more than 100 regional groupings and initiatives in the world.

Integration associations are characterized by:

Territorial proximity

The similarity of economic and social development

· The presence of common cultural and historical traditions, types of societies, common political goals and objectives.

The essence of the process taking place in an international organization is to identify the interests of members, to coordinate them, to develop on this basis a common position and will, to determine the relevant tasks, as well as methods and means of solving them. The main phases of the organization's activity consist in discussion, decision-making and control over its implementation. From this follow three basic types functions of an international organization : regulatory, control, operational.

The resolutions of organizations do not directly create international legal norms, but they have a serious impact on both the law-making and law enforcement process. Many principles and norms of international law were originally formulated in resolutions. They have an important function of updating international problems by confirming and concretizing them in relation to the realities of international life: by applying the rules to specific situations, organizations reveal their content.

Operational functions international organizations are to achieve the goals with the organization's own means. In the overwhelming majority of cases, the organization affects reality through sovereign member states. At the same time, the role of direct activity is gradually growing. Organizations provide economic, scientific, technical and other assistance, provide consulting services.

International organizations can be classified according to a number of criteria.

1. Given the dependence on the circle of members, there are organizations of general or limited composition.

General or universal international economic organizations are potentially designed for the participation of all states, although even today some countries do not participate in the UN for various reasons.

These organizations include the organizations of the UN system - the UN itself and the specialized agencies associated with it.

Organizations of limited composition are regional, ᴛ.ᴇ. open only to states of a certain geographical area, for example, the Commonwealth of Independent States, the Organization of African Unity, the League of Arab States, the Organization of American States, the Council of Europe.

In other cases, the possibility of membership is determined by other criteria. Only industrialized countries participate in the Organization for Economic Cooperation and Development. Members of the Organization of the Petroleum Exporting Countries are countries for which the main source of income is the export of oil.

2. Given the dependence on the nature of competence, organizations are divided into those with general and special competence. . In the first case, the competence is not limited to any one area of cooperation. An example is the United Nations, which can deal with almost any international issue. The exception is specific issues that fall within the competence of its specialized institutions. Such a broad competence cannot but affect the powers of universal organizations, which are not entitled to make binding decisions, and therefore limited to discussion and acceptance of recommendations. In the name of securing peace an exception is made only for the Security Council UN, which in certain cases can make legally binding decisions.

3. According to the ratio of the volume of competence transferred by states to an international organization, distinguish:

¾ intergovernmental organizations performing coordinating functions in which the redistributed competence remains joint for the state and the organization;

4. On an organizational basis international economic organizations are divided into:

¾ international economic organizations of the UN system;

¾ international economic organizations that are not part of the UN system;

¾ regional economic organizations.

5. Depending from the sphere of international regulation international organizations are classified as:

¾ international economic organizations regulating economic and industrial cooperation and sectors of the world economy (UNDP, United Nations Industrial Development Organization - UNIDO, World Tourism Organization, International Maritime Organization, etc.);

¾ international economic organizations that regulate world trade (World Trade Organization, UN Conference on Trade and Development - UNCTAD, international organizations of producing countries and exporters of food and raw materials);

¾ international monetary and financial organizations (International Monetary Fund, institutions of the World Bank);

¾ international and regional organizations regulating entrepreneurial activity (UN Commission on TEC, etc.);

¾ international non-governmental organizations and associations that promote the development of world economic relations (international business unions, chambers of commerce, industry associations and federations).

Only sovereign states are members of international organizations, and not their bodies, despite the fact that such organizations are often referred to as intergovernmental. Part of the state is not a member of an international organization. All members equally take part in the work of the bodies of the organization and are responsible for its activities. Οʜᴎ make contributions to the budget of the organization, including in unequal shares. For example, in financing the UN, the United States accounts for 25% of all expenditures, Japan - 19.9%, Germany - 9.8%, France - 6.5%, Italy - 5.4%, Great Britain - 5.1 %, Spain - 2.6%. The rest of the countries account for 25.7%. The situation is similar in the formation of borrowed capital in the IMF. In practice, this often leads to the imposition of their will by the economically more developed members of the organization on the less developed ones.

After the Second World War, the colonial countries did not meet the requirements for membership in international organizations and were not interested in the activities of organizations. To solve the problem, we used associate membership . It differs from full membership in the absence of the right to vote and be elected to the executive bodies. In our time, associate membership is used in cases where full membership is temporarily or permanently impossible for one reason or another. Thus, many countries of Central and Eastern Europe have gone through the stage of associate membership in the Council of Europe.

International organizations also have observer status . It is granted to non-member states or to member states that are not part of the organ of the organization. Switzerland has been represented by observers at many sessions of the UN General Assembly. Most UN members send their observers to meetings of the Security Council. Observer status was granted by the UN to a number of national liberation movements. It is not uncommon for specialized agencies and regional organizations to send their observers to UN bodies. Οʜᴎ have the right to attend basic meetings and receive documents.

Supranational organizations created to form rules that are binding on member states and mechanisms to control and enforce participants to comply with these rules. Similar functions are vested in the supranational bodies of the European Union: the European Council, the European Parliament, etc.

4. Depending

From the sphere of international regulation, international organizations are classified as:

International economic organizations that regulate economic and industrial cooperation and sectors of the world economy;

International economic organizations that regulate world trade;

International monetary and financial organizations (International Monetary Fund, World Bank institutions, etc.);

International and regional organizations that regulate business activities (Inter-American Investment Corporation -

MAIK, Northern Investment Bank - SIB, etc.);

International non-governmental organizations and associations promoting the development of world economic relations (Paris Club).

Rybalkin V.E. divides international organizations according to the nature of membership - into interstate and non-governmental. At the same time, noting that the following features are characteristic of an interstate organization: membership of states; existence of a constituent international treaty; permanent bodies; respect for sovereignty; member countries (for example, the IMF). Taking into account these signs, he states that an international intergovernmental organization is an association of states established on the basis of an international treaty to achieve common goals, having permanent bodies and acting in the common interests of member states while respecting their sovereignty.

The main feature of non-governmental international organizations is that they are not created on the basis of an interstate agreement, whose members may be associations of manufacturers, companies, firms, learned societies and other organizations.

The same source, in terms of the procedure for joining them, divides organizations into open (any state can become a member at its own discretion) and closed (admission with the consent of the founders).

Regardless of the type, international financial organizations in modern international relations play a significant role as a form of cooperation between states and multilateral diplomacy.

The essence of the process taking place in an international organization is to identify the interests of members, to coordinate them, to develop on this basis a common position and will, to determine the relevant tasks, as well as methods and means of solving them. The main phases of the organization's activity consist in discussion, decision-making and control over its implementation. From this follow three main types of functions of an international organization:

regulatory, control, operational.

Functions should be understood as external manifestations of the processes of its activity in fulfilling the tasks assigned to it. At the same time, the organization has the right to carry out its functions only within the limits of its competence.

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 and political binding force, however, their impact on interstate relations and international law cannot be underestimated: it is difficult for any state to resist the decision of an international organization.

The resolutions of organizations do not directly create international legal norms, but they have a serious impact on both the law-making and law enforcement process. Many principles and norms of international law were originally formulated in resolutions. They have an important function of updating international problems by confirming and concretizing them in relation to the realities of international life: by applying the rules to specific situations, organizations reveal their content.

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. For these purposes, organizations have the right to collect and analyze relevant information, discuss it and express their opinion in resolutions. In many cases, states are required to submit regular reports on their implementation of the norms and acts of the organization in the relevant field.