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Міжнар орг 1-4
Міжнар орг 1-4
Regarding the essence of the international organization, there are two approaches
among specialists: narrowed (institutional) and expanded. According to the first
interpretation, an international organization is a stable institution of multilateral
international relations, which is created by at least three parties (states) and has goals,
competences and permanent bodies agreed by the participants, as well as other specific
political and organizational norms (statute, procedure, membership , decision-making
procedure).
If we proceed from the definition itself, as well as from international legal norms,
membership in international organizations is determined by the following criteria:
association of multinational parties (states, legal entities and individuals);
agreed, common, permanent goals;
availability of an international founding document;
permanent organizational institutions;
political and organizational norms;
legal equality of participants;
compliance of the goals of creation and activity with generally recognized
principles and norms of international law.
At the same time, all international organizations are different, and the elements
that distinguish one from another are: sphere of activity, goals, nature of competence,
organizational structure, membership, procedural aspects.
Representatives of the second approach claim that an international organization
is any group or association that, in its activities, goes beyond the borders of one country
and has a permanent structure of bodies. Such an expanded interpretation suggests the
classification of transnational corporations, so-called "revolutionary groups" and even
criminal groups as international organizations.
In addition, in Western literature, the term "international institution" is often
used in three meanings:
- international conference (congress);
- international commission (committee);
- international organization.
All these institutions, of course, have a generic commonality: an international
sphere of activity, an international nature of competence, and an appropriate
mechanism for regulating international relations. And they differ in their place and
legal status in the system of international relations. International conferences and
international commissions, as a rule, are not subjects of international law, but
international organizations are.
International conferencesare temporary international bodies whose activities are
not regulated by international legal norms due to the lack of international legal
personality. The work of conferences is structured according to its own rules of
procedure and regulated by temporary organizational structures.
International commissions and committeesare usually created on the basis of an
international agreement, their activity is permanent, they create certain mechanisms to
ensure it, and therefore more than conferences, they are similar to international
organizations.
"Foreign Law"