supranational structures. Open Library - an open library of educational information. Classification of international organizations

Although there are significant differences in the practice of influencing public organizations at the national level, in European countries there are common approaches to the participation of public organizations, industry, professional associations and associations of employers in the formation and forecasting of the labor market, since the improvement of the system vocational education and training is coordinated within the EU. In its initiatives, the European Parliament, in particular under the initiative 2014/2235(INI) and in the report on the results of its implementation, in the section on defining a strategy for anticipating future skills needs of the labor market, it is noted that all stakeholders in the labor market, in including employers, educational organizations, providers of educational services in the field of vocational training, should be actively involved at all levels, in particular in the development, implementation and evaluation of vocational qualification programs that ensure an effective transition from formal education to work on the basis of accumulated experience.

In addition, even non-EU countries also conduct joint work to reform national systems of vocational training and education (VET) under the auspices of the ETF and Cedefop. Cedefop is one of the EU's decentralized agencies.

w) Report European Parliament // URL: http://www.europarl.europa.eu/

sides/getDoc.do?type=REPORT&reference=A8-2015-0222&format=XML&language=EN#title2 (Accessed 05 June 2017)

The agency was founded in 1975 and has been based in Greece since 1995. Cedefop supports the development of European vocational education, participates in the development of relevant policies, and also contributes to their implementation. The Agency helps the European Commission, the EU Member States and the social partners to develop the right policies for European Vocational Education, in particular within the framework of the Torino Process. Of considerable interest in this regard, along with the experience of European countries, is the experience of such countries as China, the USA and Turkey, which differ in the level and characteristics of socio-economic development.

Social partnership and social dialogue are tools through which labor market trends can be translated into a labor market reform agenda. The social partners are employers, as well as employers' organizations, professional associations and trade unions representing the interests of employees. Key documents from European organizations state that VET is an area for which national governments, social partners, education providers, teachers, trainers and learners are jointly and severally responsible. The partnership helps to improve the relevance of training to labor market needs for a skilled workforce. In many countries, this partnership takes the form of "Professional Councils" that deal with labor market monitoring, skills development, training programs and certification issues.

Among the largest associations of employers at the global level, the International Organization of Employers (IOE) should be noted - the world's largest network of private business representatives, which represents the interests of employers in social and labor issues at the international level.

This organization investigates the situation on the labor market, using information from the media, from organizations, at the national, regional and international levels; within academia and think tanks; and stakeholders around the world.

In December 2015, SE launched the Task force on the future of work project, which aims to identify potential challenges and opportunities for businesses and employers' organizations. It is premature to sum up the results of this project, since only in July 2016 the main directions of this program were adopted.

Despite the diversity of economic, labor market and demographic developments in ETF partner countries, some common challenges can be identified in their efforts to improve the balance between demand for skills and their supply, which are presented in Appendix B. This is why The ETF has developed recommendations to help partner countries improve their capacity to deal with the challenge of matching supply and demand in the labor market. These include various methodologies to improve the regularity, reliability and representativeness of data collection and evaluation, along with the development of a structured approach to forecasting and skills matching 127 . Areas of engagement with the social partners are constantly being rethought to better align with the strategic goals set in 2010 for Europe 2020 (The Bruges Communique 2010, Riga conclusions, June 2015). In particular, at present, the most important area of ​​ETF interaction with governments, social partners, and educational organizations is the development of an apprenticeship system, which, on the one hand, will allow educational programs to better focus on the needs of the labor market, and on the other hand,

on the other hand, it will help reduce youth unemployment.

The partnership between employers and the various forms of their associations and trade unions depends on the nature of the partnership in each

|27) Highlights 2015 Briefing Note. 2016 // [Electronic resource]

http://www.etf.europa.eu/web.nsf/pages/Highlights_2015_briefing (Accessed 15 March 2017)

I2S European commission. High-performance apprenticeships & work-based learning: 20 guiding principles // [Electronic resource] URL:

Negotiating initiatives cover the entire sector at the national level. Dialogue and especially partnership in European countries and the United States, as the analysis showed, also take place at the local or enterprise level.

The main participant in all forms of social partnership and social dialogue at all levels, representing the interests, primarily of a qualified worker, is the trade union, which necessitates a detailed consideration of the characteristics of the trade union movement different countries and mechanisms of its influence on the formation of the labor market. For a subsequent analysis of the activities of trade unions in different countries in the field of labor market formation, it seems appropriate to single out the main features of the activities of workers' associations in the professional and qualification context.

The generalized task of the activity of trade unions, as representatives of workers at all levels of social partnership, is to increase the salaries of their members and improve working conditions, as well as to receive additional preferences (payments and benefits) from the employer. As a rule, trade unions act in the labor market in two directions:

• - contribute to the growing demand for labor of appropriate qualifications;
• - strive for a limited supply of skilled labor.

The most important activity of trade unions is the struggle for strengthening state regulation of labor relations, including in the professional and qualification context. obvious integral part such rationing is the legislation on minimum wages. Its purpose is to establish a minimum wage level that exceeds the equilibrium wage. At the same time, average wage levels are rising against the backdrop of a reduction in the number of employed workers. In some cases, trade unions become monopolists in the labor market, through the conclusion of agreements that oblige employers to hire only members of trade unions. Table 9 presents various forms of manifestation of the activity of trade union organizations in various models formation of a labor market for skilled labor.

Table 9

Forms of manifestation of the activities of trade union organizations in various models of the formation of a skilled labor market

work force

Employment in foreign countries, in our opinion, largely depends on the model of labor relations or the existing relations in the labor market of skilled labor. This relationship is closely related to different forms state structure various countries. Despite the similarity of economic development and social sphere countries since market economy Employment policies in each of these countries, taken separately, have led to the formation of different models of the labor market.

The activity of public organizations in different countries is aimed at adjusting the labor market of skilled labor, and to a large extent varies in forms, methods and degree of activity and influence. Based on the above generalized approach to the analysis of the activities of public organizations, it is possible to single out the most significant characteristics of the solidarity position of workers and employers from different countries in relation to changes in the demand and supply of professional skills in the labor market, as well as the peculiarities of the operation of the mechanisms of reverse mutual influence on forecasting the needs of the economies of various countries in qualified staff.

The analysis carried out shows that the activities of public organizations in different countries vary greatly. The influence of public organizations on the formation of the labor market in the professional and qualification context is most clearly manifested in the example of the EU, where in addition to the “feedback mechanism” in each of the countries there is also a supranational European social dialogue.

The negotiating parties are European associations representing employers and trade unions. Negotiating groups are partly appointed by affiliated national organizations, so negotiations are not only conducted at the EU level.

The decision makers in these organizations, those who approve the final results or agreements, are representatives of the national partners. This means that European social dialogue does not take place in strict isolation from social dialogue in the Member States, where each country has its own feedback mechanism between public organizations and regulatory bureaucratic and legislative bodies. Action at the European level provides opportunities for social partners to learn from each other and build trust, which is a key factor in social partnership. The effectiveness of social dialogue at the European and national levels are interconnected 129 .

Both the Torino Process reports and the Study on Education-Business Collaboration note that social partnerships are often hampered either by a centralized approach or by a lack of capacity of the social partners (Table 10).

Table 10

Factors hindering the establishment of an effective social

partnerships and forms of their manifestation

• 129) Lempinen R. How social partnership works in practice The European Union. ETF yearbook. 2011.
• 130) Based on materials: ETF Position Paper. Social Partners in VET. European Training

Foundation, Turin, 2012 // [Electronic resource] URL:

http://www.etf.europa.eu/webatt.nsf70/E6E40173EABB473CC1257B0F00550A2F/ $file/Social%20partners%20in%20VET_RU.pdf (Accessed 5 August 2017)

Therefore, at the ETF conference in June 2016, questions were discussed about changing the form of interaction between ETFs, governments of countries and social partners, which was reflected in the name of the conference - "From dialogue to partnership" .

Social partners are trade unions and employers' associations or organizations representing them that participate in social dialogue. This definition is used by both the European Commission and the International Labor Organization (ILO). In European law, if we are talking about representatives of workers and employers, the English term "management and labor" is also used. In American English, workers' organizations are called trade unions. In the literature, employers' organizations and trade unions are also referred to as "both sides of industry".

One of the characteristics of social partners is that they can negotiate and make agreements on behalf of their members. All independent social partner organizations derive their legitimacy and mandate from their members, who, as employers and individual workers are ultimately individual enterprises. These organizations may be legitimate even if the government or authorities state power unwilling to enter into negotiations with them or conduct a dialogue with them.

Employers' organizations were formed to advance the collective interests of employers. These interests include issues such as working conditions and social protection in relation to employment, including labor law. Currently, most employers' organizations also represent the business interests of their affiliated enterprises. As a rule, they are united in various associations, associations, chambers of commerce, etc.

In international terminology, a distinction is made between employers' organizations and other organizations representing enterprises and companies. The main task of employers' organizations is to resolve social issues related to working conditions and labor personnel in a broad sense. In principle, this does not include activities to create a more favorable business environment, such as work on the regulatory framework, infrastructure, or research and development. However, in practice the most modern organizations employers also cover this aspect of work with enterprises.

The most common business organizations are the Chambers of Commerce and Industry or the Chambers of Crafts, which exist all over the world. Chambers are organizations that work to promote the interests of enterprises. Government officials often consult with them when it comes to drafting new legislation or developing policies related to industry or commerce.

In many countries, chambers of commerce require mandatory membership of enterprises. They are state bodies operating on a self-supporting basis and often operate under state supervision. These chambers carry out the functions assigned to them by the state authorities. Their responsibilities may be related to regional development, business registration, promotion foreign trade or vocational training. Such chambers exist in Germany, Spain and Japan, as well as in ETF partner countries. There are also voluntary chambers that work to promote common interests and build links between businesses.

Other business associations represent the interests of various industry enterprises. Their purpose is usually to protect industry interests at the national or even international level.

In the EU, four organizations are recognized by the European Commission as representative social partners (Table 11).

Organizations - representative social partners of the European Commission

Table 11

All these organizations, ETUC, Business Europe, UEAPME and CEEP, operate at EU level. They have the opportunity to have an ongoing dialogue with the European Commission, which also supports and facilitates bilateral social dialogue at the EU level.

The supranational level of dialogue can be represented by examples such as the International Organization of Employers of the SE (International Organization of Employers, SE) and international confederation trade unions (International Trade Union Confederation, ITUC), which are global organizations whose members are the majority of independent national organizations social partners.

Both SE and ITUC work in direct cooperation with the International Labor Organization (ILO). SE represents 150 national employers' associations from 143 countries. As a rule, the members of the UE have one organization from each member state of the ILO. The main task of the UE is to promote and protect the interests of employers in international forums, especially those held by the ILO. The mission of the South Europe is to ensure that the international labor and social politics were aimed at ensuring the viability of enterprises and creating an enabling environment for enterprise development and job creation.

The International Trade Union Confederation (ITUC) represents 301 member organizations from 155 countries. The mission of ITUC is to promote and protect the rights and interests of workers through international cooperation between trade unions, holding global events and advocacy campaigns within major global institutions. Several regional and international trade union structures operate within the ITUC.

Figure 23 shows the principal block diagram of the interaction various forms public organizations at various levels of social partnership.

Rice. 23.

Independent employers' organizations and trade unions usually work on the principle of "vertical upward signaling of the labor market". The basis of organization is the level of enterprises or workplaces, where workers are organized in a basic union to negotiate or dialogue with their employers and with individual enterprises.

The second and usually the most important level of organization is the industry level, which is sometimes supplemented by regional organizations. Enterprises unite into industry federations representing the interests of employers within a particular economic industry. Their partners are trade unions representing workers from the same industry. Industry organizations can be affiliated with intersectoral ones.

At the next level are national confederations with affiliated unions or organizations representing all or several industries. Many countries have several confederations or central organizations that compete with each other. This means that there may be several trade unions or employers' organizations within the same industry. Organizational structure and the principles of operation of such organizations in different countries are different.

Social partnership means working together and sharing responsibilities between different actors. In practice, this means involving the social partners in the development, implementation and evaluation of policies in cooperation with government agencies and educational institutions. On this basis, it seems possible to build a model of the feedback mechanism of public organizations with the labor market in terms of qualifications in the medium and long term, visualized in Figure 24.

Rice. 24.

The tripartite approach is a form of cooperation between workers' organizations, employers' organizations and government organizations, the purpose of which is the definition and implementation of socially significant tasks.

We specify the levels of interaction:

Level A. On the basis of a bilateral dialogue between representatives of employees (trade unions) and the management of the organization, a dialogue is carried out on a specific issue, the relevance of which is unstable (weakening / strengthening). Formalization of the process: local regulations, addition to collective agreements, etc.

Level B. If there are repeatedly recurring conflict situations (reasons) at various enterprises, or if it is impossible to reach an agreement at the local level, the dialogue moves to this level (B) and acquires a territorial or sectoral character. Formalization of the process: territorial or sectoral agreements.

Level B. With further escalation of the negotiation process, or the impossibility of reaching a contractual agreement, the dialogue moves to the level of normative state regulation. Formalization of the process: the adoption of a law or other regulatory legal act.

Level D. When adopting national laws and other legislative acts, it is necessary to take into account the results (limitations) of the supranational dialogue and the norms of international law. Formalization of the process: taking into account in legislative activity the norms of international law adopted and agreed upon in an appropriate way.

After the adoption of a legislative act with the indicated restrictions, the cycle can be repeated several times, as the legislative framework and law enforcement practice improve.

Using the example of the EU countries, it is shown that social dialogue contributes to the participation of workers in training. Employees of those organizations where there is trade unions have more opportunities for learning and professional development. At the same time, the larger the enterprise, the more agreements on continuous professional training there.

w) EU Policy Environment. // [Electronic resource] URL: http://www.etf.europa.eu/web.nsf/pages/EU_policy_environment_EN (Accessed July 16, 2017)

In addition to being involved in the policy development process, the social partners play a very hands-on role in developing training programs and delivering training. In principle, the practical actions of the social partners in the framework of vocational education and lifelong learning can be divided into the following areas:

• 1. Participation in the development of the system of continuous education and promotion of labor mobility.
• 2. Improving the quality and efficiency of education and training systems.
• 3. Improving professional and educational standards, qualifications and qualification frameworks based on information about the situation on the labor market.
• 4. Conduct training in their own training centers or in the form of apprenticeship and on-the-job training.
• 5. Certification of learning, legalization and recognition of non-formal and non-formal learning.
• 6. Orientation services for members, including awareness raising (vocational guidance and counseling).

The European Union pays great attention to improving the balance between supply and demand for labor force, implementing the EU 2020 strategy and, in particular, the New Skills for New Jobs programme. In order to develop qualified personnel with the “right mix of skills” in accordance with the needs of the labor market, there is wide support for new approaches (methods) for forecasting and balancing labor supply and demand in order to ensure quality of work and lifelong learning opportunities. The EU Qualifications Panorama initiative, launched in 2011, brought together various initiatives aimed at forecasting and balancing labor supply and demand.

Forecasting and balancing depend on the results of three main functions of knowledge: collection and analysis of information based on evidence and forecasting; transmission and dissemination of information; use of information, policy implementation.

iii) Feiler L., Fetsi A., Kuusela T., Platon G. Anticipating and matching demand and supply of skills in ETF partner countries. ETF position paper. 2013 // [Electronic resource]

URL: http://www.etf.europa.eu/webatt.nsf/0/FBEF620E5BFEB105C1257DEA004E333F/$file/ETF %20Position%20Paper%20on%20Matching.pdf (Accessed 15 August 2017)

The practice of influence of public organizations on the formation of the labor market in terms of qualifications can differ significantly depending on the timing of the consideration of tasks and their prospects. Table 12 shows the characteristics of the classification structure of approaches to forecasting and balancing labor market indicators. This matrix has two dimensions: forecast level and time horizon. The “level” category refers to the range or degree of application of the methodology, ranging from individual surveys with individuals or enterprises (micro level), to surveys of entire sectors of the economy or regions (meso level), to the impact on the national economy and national systems(supranational/macro level). Timing parameters cover periods, which are divided into short-term, medium-term and long-term.

Table 12

Methods for forecasting the demand for skills and their supply can also be classified based on the applied methodology:

• - quantitative, formal, model-based forecasts (mainly based on studies at the macro level with long or medium term time horizons);
• - specialized by industry, profession or location of research (usually combining quantitative and qualitative methods);
• - surveys of employers or groups of employees (mainly related to the micro level and involves actions in the short term).

The study of the influence of public organizations using the algorithm of the feedback mechanism of public organizations with the labor market in terms of qualifications (Figure 24) makes it possible to produce a comparable quality assessment such an impact for different countries (Table 13).

The main forms of influence of public organizations within the framework of the main models of the labor market

Table 13

• 134) Wilson R., May-Gillings M., Pirie J., Beaven R. Working Futures 2014-2024; The skill needed in the 21st century. 2015. // [Electronic resource] URL: http://widgets.weforum.org/nve-
• 2015/chapterl.html (Accessed 15 August 2017)

international organization is an association of states, created in accordance with international law and on the basis of an international treaty, for the implementation of cooperation in the political, economic, cultural, scientific, technical, legal and other fields, having the necessary system of bodies, rights and obligations derived from the rights and duties of states, and autonomous will, the scope of which is determined by the will of member states.

Comment

Important! It should be borne in mind that:

• Each case is unique and individual.
• Careful study of the issue does not always guarantee a positive outcome of the case. It depends on many factors.

To get the most detailed advice on your issue, you just need to choose any of the proposed options:

• contradicts the foundations of international law, since over the states - the primary subjects of this law - there is not and cannot be supreme power;
• vesting a number of organizations with managerial functions does not mean transferring to them part of the sovereignty of states or their sovereign rights. International organizations do not and cannot have sovereignty;
• the obligation of direct execution by the member states of the decisions of international organizations is based on the provisions of the constituent acts and no more;
• no international organization has the right to interfere in the internal affairs of a state without the consent of the latter, otherwise it would mean a gross violation of the principle of non-interference in the internal affairs of a state with negative consequences for such an organization;
• the possession of a “supranational” organization with the authority to create effective mechanisms for monitoring and enforcing compliance with binding rules is just one of the qualities of the legal personality of an organization.

Signs of an international organization:

Any international organization must have at least the following six features:

Establishment under international law

1) Creation in accordance with international law

This feature is, in fact, crucial. Any international organization must be established on a legal basis. In particular, the establishment of any organization should not infringe on the recognized interests of an individual state and the international community as a whole. The constituent document of the organization must comply with the generally recognized principles and norms of international law. According to Art. 53 of the Vienna Convention on the Law of Treaties between States and International Organizations, a peremptory norm of general international law is a norm which is accepted and recognized by the international community of States as a whole as a norm from which no derogation is permitted and which can only be modified by a subsequent norm of general international law bearing the same character.

If an international organization has been created illegally or its activity is contrary to international law, then the constituent act of such an organization must be recognized as null and void and its operation terminated as soon as possible. An international treaty or any of its provisions is invalid if its execution is connected with any act that is illegal under international law.

Establishment based on an international treaty

2) Establishment based on an international treaty

As a rule, international organizations are created on the basis of an international treaty (convention, agreement, treatise, protocol, etc.).

The object of such an agreement is the behavior of the subjects (parties of the agreement) and the international organization itself. The parties to the founding act are sovereign states. However, in recent years, intergovernmental organizations have also become full members of international organizations. For example, European Union is a full member of many international fishing organizations.

International organizations may be created in accordance with the resolutions of other organizations with more general competence.

Implementation of cooperation in specific areas of activity

3) Implementation of cooperation in specific areas of activity

International organizations are created to coordinate the efforts of states in a particular area. They are designed to unite the efforts of states in the political (OSCE), military (NATO), scientific and technical (European Organization for Nuclear Research), economic (EU), monetary (IBRD, IMF), social (ILO) and in many other areas. At the same time, a number of organizations are authorized to coordinate the activities of states in almost all areas (UN, CIS, etc.).

International organizations become intermediaries between member states. States often refer to organizations for discussion and resolution of the most complex issues of international relations. International organizations, as it were, take over a significant number of issues on which relations between states had previously had a direct bilateral or multilateral character. However, not every organization can claim an equal position with states in the relevant areas of international relations. Any powers of such organizations are derived from the rights of the states themselves. Along with other forms of international communication (multilateral consultations, conferences, meetings, seminars, etc.), international organizations act as a body of cooperation on specific problems of international relations.

Availability of an appropriate organizational structure

4) Availability of an appropriate organizational structure

This sign is one of the important signs of the existence of an international organization. It seems to confirm the permanent nature of the organization and thus distinguishes it from numerous other forms of international cooperation.

Intergovernmental organizations have:

• headquarters;
• members represented by sovereign states;
• necessary system main and subsidiary bodies.

The highest body is the session, convened once a year (sometimes once every two years). The executive bodies are councils. The administrative apparatus is headed by the Executive Secretary ( CEO). All organizations have permanent or temporary executive bodies with different legal status and competence.

The presence of the rights and obligations of the organization

5) The presence of the rights and obligations of the organization

It was emphasized above that the rights and obligations of the organization are derived from the rights and obligations of the member states. It depends on the parties and only on the parties that the given organization possesses exactly such (and not another) set of rights, that it is entrusted with the performance of these duties. No organization, without the consent of the member states, can take actions affecting the interests of its members. The rights and obligations of any organization are enshrined in a general form in its founding act, resolutions of higher and executive bodies, and in agreements between organizations. These documents enshrine the intentions of the Member States, which must then be implemented by the relevant international organization. States have the right to prohibit an organization from taking certain actions, and an organization cannot exceed its powers. For example, Art. 3 (5 "C") of the IAEA Statute prohibits the agency, in the performance of its functions related to the provision of assistance to its members, to be guided by political, economic, military or other requirements that are incompatible with the provisions of the Statute of this organization.

Independent international rights and obligations of the organization

6) Independent international rights and obligations of the organization

It is about the possession by an international organization of an autonomous will, distinct from the wills of the member states. This feature means that, within the limits of its competence, any organization has the right to independently choose the means and methods for fulfilling the rights and obligations assigned to it by the member states. The latter, in a certain sense, does not care how the organization implements the activities entrusted to it or the statutory obligations in general. It is the organization itself, as a subject of international public and private law, that has the right to choose the most rational means and methods of activity. In this case, the member states exercise control over whether the organization is lawfully exercising its autonomous will.

Thus, international intergovernmental organization- this is a voluntary association of sovereign states or international organizations, created on the basis of an interstate agreement or resolution of an international organization general competence for coordinating the activities of states in a specific area of ​​cooperation, having an appropriate system of main and subsidiary bodies, having an autonomous will different from the wills of its members.

Classification of international organizations

Among the international organizations it is customary to single out:

1. by type of membership:
   • intergovernmental;
   • non-governmental;
2. around the participants:
   • universal - open to the participation of all states (UN, IAEA) or to the participation of public associations and individuals of all states (World Peace Council, International Association of Democratic Lawyers);
   • regional - whose members can be states or public associations and individuals of a certain geographical region (Organization of African Unity, Organization American states, Cooperation Council for Arab States Persian Gulf);
   • interregional - organizations, membership in which is limited by a certain criterion that takes them beyond the scope of a regional organization, but does not allow them to become universal. In particular, participation in the Organization of the Petroleum Exporting Countries (OPEC) is open only to oil-exporting states. Only Muslim states can be members of the Organization of the Islamic Conference (OIC);
3. by competence:
   • general competence - activities affect all spheres of relations between member states: political, economic, social, cultural and others (UN);
   • special competence - cooperation is limited to one special area (WHO, ILO), subdivided into political, economic, social, cultural, scientific, religious;
4. by the nature of powers:
   • interstate - regulate the cooperation of states, their decisions are advisory or binding for the participating states;
   • supranational - are vested with the right to make decisions directly binding individuals and legal entities of the Member States and acting on the territory of the states along with national laws;
5. depending on the procedure for admission to international organizations:
   • open - any state can become a member at its own discretion;
   • closed - admission to membership is made at the invitation of the original founders (NATO);
6. by structure:
   • with a simplified structure;
   • with a developed structure;
7. by way of creation:
   • international organizations created in the classical way - on the basis of an international treaty with subsequent ratification;
   • international organizations created on a different basis - declarations, joint statements.

Legal basis of international organizations

The basis for the functioning of international organizations is the sovereign will of the states that establish them and their members. Such an expression of will is embodied in an international treaty concluded by these states, which becomes both a regulator of the rights and obligations of states and a constituent act of an international organization. The contractual nature of the constituent acts of international organizations is enshrined in the 1986 Vienna Convention on the Law of Treaties between States and International Organizations.

The charters of international organizations and relevant conventions usually clearly express the idea of ​​their constituent character. Thus, the preamble to the UN Charter proclaims that the governments represented at the San Francisco Conference "have agreed to accept the present Charter of the United Nations and hereby establish an international organization called the United Nations...".

Constituent acts serve as the legal basis for international organizations, they proclaim their goals and principles, and serve as a criterion for the legitimacy of their decisions and activities. In the founding act, the states decide on the international legal personality of the organization.

In addition to the constituent act, international treaties affecting various aspects of the organization's activities, for example, those treaties that develop and specify the functions of the organization and the powers of its bodies, are essential for determining the legal status, competence and functioning of an international organization.

Constituent acts and other international treaties serving legal basis the creation and activities of international organizations characterize such a side of the status of an organization as the implementation of the functions of a subject of national law as a legal entity. As a rule, these issues are regulated by special international legal acts.

The creation of an international organization is an international problem that can only be solved by coordinating the actions of states. States, by coordinating their positions and interests, determine the totality of the rights and obligations of the organization itself. Coordination of actions of the states at creation of the organization is carried out by them.

In the process of functioning of an international organization, the coordination of the activities of states acquires a different character, since it uses a special mechanism that is permanently operating and adapted for consideration and coordinated solution of problems.

The functioning of an international organization is reduced not only to relations between states, but also between the organization and states. These relations, due to the fact that states voluntarily agreed to certain restrictions, agreed to obey the decisions of an international organization, may have a subordinate nature. The specificity of such subordination relations lies in the fact that:

1. they depend on coordination relations, i.e., if the coordination of the activities of states within the framework of an international organization does not lead to a certain result, then subordinate relations do not arise;
2. they arise in connection with the achievement of a certain result through the functioning of an international organization. States agree to submit to the will of the organization due to the awareness of the need to take into account the interests of other states and the international community as a whole, in order to preserve such order in international relations in which they are interested.

Sovereign equality should be understood as legal equality. In the 1970 Declaration On the principles of international law relating to friendly relations and cooperation among states in accordance with the UN Charter, it is said that all states enjoy sovereign equality, they have the same rights and obligations, regardless of differences in economic and social, political or other nature. With regard to international organizations, this principle is enshrined in the constituent acts.

This principle means:

• all states have equal rights to participate in the creation of an international organization;
• every state, if it is not a member of an international organization, has the right to join it;
• all member states have the same rights to raise questions and discuss them within the organization;
• each member state has equal right represent and defend their interests in the bodies of the organization;
• when making decisions, each state has one vote, there are few organizations that work on the principle of the so-called weighted vote;
• The decision of an international organization applies to all members, unless otherwise stipulated in it.

Legal personality of international organizations

Legal personality is a property of a person, in the presence of which it acquires the qualities of a subject of law.

An international organization cannot be seen as a mere sum of member states, or even as their collective agent acting on behalf of all. In order to fulfill its active role, an organization must have a special legal personality, different from the mere summation of the legal personality of its members. Only under this premise does the problem of the impact of an international organization on its sphere make any sense.

Legal personality of an international organization includes the following four elements:

1. legal capacity, i.e. the ability to have rights and obligations;
2. legal capacity, i.e. the ability of the organization to exercise its rights and obligations by its actions;
3. the ability to participate in the process of international law-making;
4. ability to take legal responsibility for their actions.

One of the main attributes of the legal personality of international organizations is that they have their own will, which allows it to directly participate in international relations and successfully carry out its functions. Most Russian lawyers note that intergovernmental organizations have an autonomous will. Without its own will, without a certain set of rights and obligations, an international organization could not function normally and fulfill the tasks assigned to it. The independence of the will is manifested in the fact that after the organization is created by the states, it (the will) is already a new quality in comparison with the individual wills of the members of the organization. The will of an international organization is not the sum of the wills of the member states, nor is it the fusion of their wills. This will is "isolated" from the wills of other subjects of international law. The source of the will of an international organization is the constituent act as a product of the coordination of the wills of the founding states.

Most important features legal personality of international organizations are the following qualities:

1) Recognition of the quality of an international personality by the subjects of international law.

The essence of this criterion lies in the fact that member states and relevant international organizations recognize and undertake to respect the rights and obligations of the relevant intergovernmental organization, their competence, terms of reference, to grant privileges and immunities to the organization and its employees, etc. According to the constituent acts, all intergovernmental organizations are legal entities. Member States shall vest them with legal capacity to the extent necessary for the performance of their functions.

2) The presence of separate rights and obligations.

Separate rights and obligations. This criterion of the legal personality of intergovernmental organizations means that organizations have rights and obligations that are different from those of states and can be exercised at the international level. For example, the UNESCO Constitution lists the following responsibilities of the organization:

1. promoting rapprochement and mutual understanding of peoples through the use of all available media;
2. encouraging the development of public education and the dissemination of culture; c) assistance in the preservation, increase and dissemination of knowledge.

3) The right to freely perform their functions.

The right to freely perform their functions. Each intergovernmental organization has its own constituent act (in the form of conventions, statutes or resolutions of an organization with more general powers), rules of procedure, financial rules and other documents that form the internal law of the organization. Most often, in the performance of their functions, intergovernmental organizations proceed from implied competence. In the performance of their functions, they enter into certain legal relations with non-member states. For example, the UN ensures that non-member states act in accordance with the principles set out in Art. 2 of the Constitution, as it may be necessary to maintain international peace and security.

The independence of intergovernmental organizations is expressed in the implementation of prescriptions of norms constituting the internal law of these organizations. They may establish any subsidiary bodies that are necessary for the performance of the functions of such organizations. Intergovernmental organizations may adopt rules of procedure and other administrative rules. Organizations have the right to remove the vote of any member who is in arrears in dues. Finally, intergovernmental organizations may ask their member for an explanation if he does not comply with the recommendations on the problems of their activities.

4) The right to conclude contracts.

The contractual legal capacity of international organizations can be attributed to the main criteria of international legal personality, since one of the characteristic features of the subject of international law is its ability to develop the norms of international law.

In the exercise of their powers, agreements of intergovernmental organizations are of a public law, private law or mixed nature. In principle, each organization can conclude international treaties, which follows from the content of the Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations of 1986. In particular, the preamble of this Convention states that an international organization has such legal capacity to conclude treaties that necessary for the performance of its functions and the achievement of its objectives. According to Art. 6 of this Convention, the legal capacity of an international organization to conclude treaties is governed by the rules of that organization.

5) Participation in the creation of international law.

The law-making process of an international organization includes activities aimed at creating legal norms, as well as their further improvement, modification or cancellation. It should be emphasized that no international organization, including a universal one (for example, the UN, its specialized agencies), has "legislative" powers. This, in particular, means that any norm contained in the recommendations, rules and draft treaties adopted by an international organization must be recognized by the state, firstly, as an international legal norm, and secondly, as a norm binding on a given state.

The law-making of an international organization is not unlimited. The scope and type of lawmaking of the organization are strictly defined in its founding agreement. Since the charter of each organization is individual, the volume, types and directions of law-making activities of international organizations differ from each other. The specific scope of powers granted to an international organization in the field of lawmaking can only be clarified on the basis of an analysis of its constituent act.

In the process of creating norms governing relations between states, an international organization can play various roles. In particular, in the initial phases of the law-making process, an international organization may:

• be an initiator, proposing to conclude a certain interstate agreement;
• act as the author of the draft text of such an agreement;
• convene in the future a diplomatic conference of states in order to agree on the text of the treaty;
• itself to play the role of such a conference, carrying out the coordination of the text of the treaty and its approval in its intergovernmental body;
• after the conclusion of the contract, perform the functions of the depositary;
• enjoy certain powers in the field of interpretation or revision of the contract concluded with its participation.

International organizations play a significant role in the formation of customary norms of international law. The decisions of these organizations contribute to the emergence, formation and termination of the norms of custom.

6) The right to enjoy privileges and immunities.

Without privileges and immunities, the normal practical activity of any international organization is impossible. In some cases, the scope of privileges and immunities is determined by a special agreement, and in others - by national legislation. However, in general terms, the right to privileges and immunities is enshrined in the founding act of each organization. Thus, the UN enjoys on the territory of each of its members such privileges and immunities as are necessary to achieve its goals (Article 105 of the Charter). The property and assets of the European Bank for Reconstruction and Development (EBRD), wherever they are located and whoever is their holders, are immune from search, confiscation, expropriation or any other form of seizure or alienation by executive or legislative action (Article 47 of the Agreement on institution of the EBRD).

Any organization cannot invoke immunity in all cases when it, on its own initiative, enters into civil legal relations in the host country.

7) The right to ensure the implementation of international law.

Giving international organizations the authority to ensure the implementation of international law indicates the independent nature of organizations in relation to member states and is one of the important signs of legal personality.

At the same time, the main means are the institutions of international control and responsibility, including the application of sanctions. Control functions are carried out in two ways:

• through the submission of reports by Member States;
• observation and examination of a controlled object or situation on the spot.

International legal sanctions that can be applied by international organizations can be divided into two groups:

1) sanctions, the implementation of which is permissible by all international organizations:

• suspension of membership in the organization;
• expulsion from the organization;
• denial of membership;
• exclusion from international communication on certain issues of cooperation.

2) sanctions, the powers to implement which have strictly defined organizations.

The application of sanctions assigned to the second group depends on the goals of the given organization. For example, the UN Security Council, in order to maintain or restore international peace and security, has the right to use coercive actions by air, sea or land forces. Such actions may include demonstrations, blockades and other operations by air, sea or land forces of UN members (Article 42 of the UN Charter)

In case of a gross violation of the rules for the operation of nuclear facilities, the IAEA has the right to apply the so-called corrective measures, up to issuing an order to suspend the operation of such a facility.
Intergovernmental organizations have been granted the right to take a direct part in resolving disputes that arise between them and international organizations and states. When resolving disputes, they have the right to resort to the same peaceful means of resolving disputes that are usually used by the primary subjects of international law - sovereign states.

8) International legal responsibility.

Acting as independent entities, international organizations are subjects of international legal responsibility. For example, they should be held accountable for the illegal actions of their officials. Organizations may become liable if they abuse their privileges and immunities. It should be assumed that political responsibility may arise in the event that an organization violates its functions, fails to comply with agreements concluded with other organizations and states, for interference in the internal affairs of subjects of international law.

Liability of organizations may arise in case of violation of the legal rights of their employees, experts, brute force, etc. They are also obliged to be liable to the governments where they are located, their headquarters, for illegal actions, for example, for unjustified alienation of land, non-payment utilities, violation of sanitary standards, etc.

International organizations that perform individual supranational functions have exclusive competence on a number of issues and limit the functions of member states in resolving such issues; have the right to oblige their members to obey its decisions without their consent and against their consent if the decision is taken by a majority of votes.

World Trade Organization, World Bank and International monetary fund belong to international organizations of a limited supranational type.

Let us dwell in more detail on each international economic organization of a supranational type.

International trade in goods and services is regulated by several international organizations, the most important of which is the World Trade Organization.

The WTO is an international organization formed as a result of the Uruguay Round of negotiations on January 1, 1995.

The WTO agreement contains 29 legal documents and 25 ministerial declarations that define the rights and obligations of states within the multilateral trading system. As of the beginning of 2011, 153 states were members of the WTO.

The main principles of the World Trade Organization:

1. Trade without discrimination based on Most Favored Nation and National Treatment.

2. Liberalization of international trade through multilateral negotiations to reduce customs tariffs.

3. Application of measures restricting imports, only on the basis of WTO rules.

4. Predictability of trade policy and promotion of competition.

The main objectives of the WTO are:

1. Improving the standard of living of the population of member countries.

2. Ensuring full employment of the citizens of the country.

3. Ensuring the growth of real incomes of the population and demand.

4. Expansion of production and trade in goods and services.

5. Development and environmental protection.

6. Providing special conditions for the economies of developing countries.

The main functions of the World Trade Organization:

a) implements and administers signed agreements;

b) acts as a forum for negotiations;

c) resolve disputes arising between Member States;

d) carries out reviews of the trade policy of various member countries;

e) coordinate issues in the formation of global economic policy.

Structure of the World Trade Organization:

· The Conference is the supreme body (meets once every two years).

· The General Council directs the activities of the organization between conferences.

The General Council consists of: a dispute settlement body and a trade policy review body.

The structure of the WTO includes the Councils: for trade in goods, for trade in services, for the protection of intellectual property rights.

IN Lately Russia's accession to the World Trade Organization is being widely discussed. According to the forecasts of the Ministry of Economic Development, this should happen in 2012. Some leaders of the country interpret this turn of events as exceptional luck. On the one hand, there is an opportunity to promote domestic products in international markets. But on the other hand, heavy engineering and the domestic industry as a whole may turn out to be uncompetitive not only abroad, but also in the domestic market.

The issue of Russia's entry into the WTO has been discussed for more than 18 years, but not a single one federal law there is no mention of the possibility of the country joining this organization.

However, in October 2010, Russian and US Presidents Dmitry Medvedev and Barack Obama noted the successful completion of Russian-American negotiations on Russia's entry into the World Trade Organization.

Consequently, all external obstacles on Russia's way to the WTO have been eliminated - the US was the penultimate country with which Russia has still not been able to reach an agreement in the course of bilateral negotiations. True, there is also Georgia, which did not agree to Russia's accession to the WTO. But after the successful completion of the negotiations between Russia and the United States, she remained in splendid isolation. WTO members secured themselves in advance: after the 2008 war, Georgia was withdrawn from the working group on Russia's accession, and now it cannot unilaterally block Russia's accession to the WTO. The WTO Commission is to prepare a special report on the acceding country.

The report must be approved by WTO members - by a 2/3 majority. It is this document that will formally establish a list of measures that Russia must take in order to comply with WTO requirements, as well as transitional periods for eliminating each of the inappropriate parameters. According to the WTO charter, these periods can range from one to seven years.

Based on the requirements, accession to the WTO will directly affect the population of Russia. This is due to a number of factors:

first circumstance, this will affect the cost of utilities. Currently, internal tariffs for gas and electricity do not differ much (no more than 7-10%) from external tariffs. Russian consumers in this case should not receive preferences in relation to external tariffs.

If strictly follow the requirements of the WTO, tariffs for citizens of the Russian Federation should be at least 90% of export prices. The current tariffs for gas for the population should be increased by 211%, and for electricity - by 96%.

Second circumstance, based on the above, it is necessary to increase wages Russians before European level(minimum - €950, average - €1800). But this cannot be done, because then its gap from labor productivity will become even greater, which is now 2.5 times less in Russia than in the European Union.

It remains to gradually and simultaneously increase tariffs, wages, and productivity. To mitigate the social shock, negotiate with the WTO the maximum period for the transition to the "correct" tariffs - seven years. Taking into account Russian inflation, gas tariffs will have to grow by 38% per year. Citizens of Russia are accustomed to the 20% annual increase in tariffs, and the WTO will "try" to accustom them to 38%. There is little hope that Russia will be able to negotiate exclusive terms. If the terms for Russia are extended, then the growth of tariffs for the population will be more moderate - close to the current state.

In our opinion, accession to the WTO should not bring trouble to the Russian population, which is due to a number of circumstances:

first circumstance, the country has very expensive bank loans. During the global financial crisis (2008-2009), the cost of consumer loans in the United States doubled on average, from 2.5 to 5% per annum. In Russia - from 18 to 35%.

Of course, inflation is higher in Russia. But the cost of credit resources is largely influenced by the features of the national banking system. Russia's accession to the WTO, in theory, should eliminate these features. According to the logic of the WTO, foreign consumers of loans should not have advantages over Russian consumers;

second circumstance, the introduction of Western standards in Russia insurance will seriously improve the domestic market. We can talk, for example, about the massive introduction of such a very cheap and therefore popular product in industrialized countries as life insurance (today this type of insurance is extremely poorly developed in Russia).

third circumstance, an undoubted advantage for the population of the country will be decline, and maybe the abolition of import duties on numerous groups of goods.

Obviously, this means cheaper retail. A special story here, of course, foreign cars. The reduction in prices for them, of course, will please the consumer, but for the workers of the domestic automotive industry it will be a shock, which may lead to social tension in the country.

fourth circumstance, no less important is the question subsidies to agriculture. The agreed WTO requirements leave Russia the right to subsidize its producer by $9 billion a year. This is almost twice the existing subsidies: even during the current drought, they did not exceed $4.7 billion in total.

Thus, the WTO is not a panacea for all ills, but it is not a poison either. Most likely, this is a bitter medicine that forces the producers of each country to be efficient and competitive at the global level. The people will have to work harder. New consumption opportunities are opening up, the quality of life is improving. In the end, everyone wins. True, it cannot be said that it is necessarily fast.

The structure regulating world monetary relations is the World Bank (World Bank). The head of the World Bank is Robert Zellik.

Structurally, the World Bank is a group of financial institutions with one strategic area of ​​activity, but several different tactical tasks. First of all, it is:

· The International Bank for Reconstruction and Development (IBRD), which is the basis of the World Bank.

· International Development Association (IDA), dealing with the problems of development of the poorest countries.

· The International Finance Corporation (IFC) facilitates the flow of capital from private investors from industrialized countries to developing countries.

· International Center for the Settlement of Investment Disputes (ICSID).

· Multilateral Investment Guarantee Agency (MIGA).

In December 1945, 29 states ratified the agreement on joining the organization. The practical activities of the World Bank began on June 25, 1946.

The main objectives of the World Bank:

· reconstruction and development of economies of the member countries;

Promoting the development of international trade;

· stimulating the attraction of foreign capital into the economy of the member countries (the desire to attract private capital);

· provision of loans to member countries for development purposes, in cases where it is impossible to obtain private investment on acceptable terms for the country.

The lending activity of the World Bank is quite large-scale and aims to stimulate the development of private business. At the same time, each of the credit institutions included in the World Bank has some specifics in conducting its own operations. Before making a decision on lending, all information about the borrower is collected through a survey of the country's national economy by a World Bank team of experts. This mission develops recommendations to the national government, affecting, as a rule, not only the economic, but also the social and political aspects of society.

Lending is carried out only if the government of the borrowing country agrees to accept these recommendations for implementation. If the recommendations are rejected, the given country not only will not receive a World Bank loan, but also risks being rejected by the IMF and major donor countries. This is because the World Bank presides over a number of international credit unions.

The basis of the World Bank is the International Bank for Reconstruction and Development, which includes 184 member states. Structurally, IBRD consists of:

· from the Board of Governors (one representative from each country);

· from the Executive Board (or directorate) - 24 directors. the main task- Dealing with loan issues.

Five countries represented in the Executive Council (Great Britain, Germany, USA, France, Japan) have the largest quota, the remaining states represent the elected directorate. Votes distributed: 250 base votes plus one vote for every $100,000. For example, the USA has 17.0% of the votes, Russia - 1.8% of the votes.

· President of the Bank - the highest position (representative of the United States).

The authorized fund of the IBRD is significantly less than that of the IMF, since it relies on its own funds (15% - the Bank plus 85% - borrowed funds obtained by issuing bonds).

The total amount of loans issued by the IBRD over the 65-year history of its activity exceeds $250 billion, with more than a third coming from the 1990s. 20th century

The IBRD requires government guarantees for all its loans. The terms of the loan are long-term (from 8 to 30 years), the loan can be granted for a period of 10-30 years, and 15-30 years.

Interest rate not fixed, that is, it varies depending on the project, term, type (the rate is lower than others). The margin is relatively small, usually 1% per annum. The total amount of loans provided by the IBRD per year is 6-8 billion dollars.

The total amount of financing for the Russian Federation from the IBRD amounted to about 10 billion dollars (two oil loans, one gas loan; electric power industry; pension system; roads). 1/10 of the roads (in km.) was built or restored at the expense of IBRD money. In the 90s. XX century in Russia, the IBRD financed 50 projects. A project was planned to finance housing in our country (about $ 4 billion), but in the end the bank allocated a meager amount.

The third element of international organizations, of a limited supranational type, is the International Monetary Fund.

One of the main organizers of international cash flows is the International Monetary Fund. This institution was created with the aim of regulating the monetary and monetary and credit relations that develop between the member states of this fund.

As noted earlier, the establishment of the IMF took place at a UN conference (July 1-22, 1944). Then the representatives of 44 states, including the USSR, adopted the Fund's Charter, which entered into force on December 27, 1945. The IMF began its practical activities in May 1946 in Washington, relying on the participation of 39 countries. The USSR did not ratify the agreement on the formation of the International Monetary Fund due to the outbreak of the "cold war" between East and West. During the 50-60s. In the 20th century, Poland, Cuba, and Czechoslovakia did the same.

The rejection of socialist construction and the collapse of the Soviet bloc in the 80s. The 20th century led to a significant expansion of the membership of the fund, the total number of which reached 178 as of July 1, 1994, 184 as of January 1, 2005, and 185 countries as of January 1, 2011. Russia joined the IMF on June 1, 1992. Cuba and North Korea have not yet been members of the IMF.

The main tasks of the International Monetary Fund:

1. Achievement of stable functioning of the monetary system.

2. Stabilization of the national currency systems of member countries.

3. Stabilization of exchange rates of member countries.

4. Prevention of depreciation of national monetary units.

5. Have a positive balance of payments in the trade of member countries among themselves.

The main task of the IMF is to provide loans to member countries in foreign currency to eliminate the deficit in their balance of payments.

The structure of the International Monetary Fund was formed in July 1944. legislature is the Board of Governors, which meets once a year. Each country represents a manager and his deputy. As a rule, these are finance ministers or heads of central banks.

The main functions of the Board of Governors include:

admission of new members;

· definition of the budget and acceptance of the financial report;

distribution of profits;

Election of the executive board.

executive body is the executive council (directorate) - a permanent body of 24 people. Distribution Director (since 2004 Rodrigo de Rato, representative of Spain).

Each state pays about 25% of its quota in SDRs or in the currencies of other members, and the remaining 75% in national currency.

The amount of assistance provided depends on the state's contribution to the authorized capital of the IMF. When joining the Fund, the states pay a certain amount of funds, called the quota contribution. The IMF independently determines the amount of the quota contribution based on an analysis of the wealth of states and their economic performance. The size of quotas is reviewed once every five years. As of 2009, based on the size of the quotas, the votes among the member countries in the governing bodies were distributed: 17.5% of the votes - the United States; 6.13% of the vote - Japan, Germany - 5.99%; Great Britain - 4.95%, France - 4.95%; Italy - 4.18% Saudi Arabia-3.22%; Russia -2.74% of the vote.

For comparison, we note that 34 OECD countries have a total of 60.35% of the votes in the IMF. The share of other countries, which make up over 84% of the number of members of the Fund, accounts for only 39.75%. The share of EU member states is 30.3%.

The next review of quotas is planned to be accelerated and completed in the first half of 2011. It is expected that this measure will lead to an increase in the representation of dynamic emerging market and low-income countries.

The executive board includes appointed members: Great Britain, Germany, USA, France, Japan. Individually elected: China, Russia, Saudi Arabia, and 16 members are elected for two years according to the quotas of the regions.

Currently, the volume of world trade is about 7.5 trillion. dollars, and the IMF issues loans of only about 2% per year.

The main reasons for the change in the issuance of loans by the International Monetary Fund at the end of the twentieth century should include: 70s. - oil crisis, 80s. - debt crisis, 90s. the emergence of transitional economies.

The interest rate is reviewed weekly (about 3% per annum).

Until 1996, the loan received from the IMF did not reach Russia, since the government invested it in more profitable forms (for example, bonds). The loan allocated by the International Monetary Fund could not increase the number of law enforcement agencies (army, police, federal Service security); pay pensions and salaries.

Serious shocks that the world economy had to face in 2008-2009. led to a significant increase in IMF financing requirements. To ensure that the Fund has sufficient resources to meet these needs, the G-20 approved in April 2009 a decision to triple the resources available to the IMF from their pre-crisis level of approximately $250 billion.

The International Monetary Fund was created as an organization that determines the principles and rules for the functioning of the international financial system. This function remains decisive in the activities of the Foundation today. The development of stabilization economic programs for most countries of the world allowed the IMF to turn into a kind of intellectual economic center on a global scale.

Criticism of the IMF after failing to deal effectively with the 1997-1998 crisis. and anticipate the global financial crisis of 2008-2009, was mainly due to four problems:

first problem, when drawing up reform programs, they did not take into account national characteristics;

the second problem the proposed stabilization programs were designed for a quick end result (shock therapy);

third problem, the inability to foresee the development of crisis phenomena both at the regional level (Asia and Russia) and on a global scale;

fourth problem, excessive politicization of the Fund's programs and its use in the interests of certain countries.

However, the past years have shown that, despite significant criticism of the IMF, the Fund has been relatively successful in addressing a number of important tasks. Let's name some of them:

· By the mid-1990s, the inflation rate had been reduced compared to 1970-1980;

· under the influence of the IMF in many countries there was a significant improvement in the balance of payments;

in the late 80s. 20th century Fund played important role in resolving the crisis of international debt by writing off, reducing the debt burden of the developing countries of the world;

· countries with economies in transition were assisted in building market relations;

· The Fund responded correctly to criticism and took serious steps to reform almost all aspects of its work.

Summing up, we note that supranational organizations have their own peculiarities. Let's call them: first, they have the right to intervene in matters within the internal competence of the State, in accordance with its Constitution; second, in order to regulate these issues, they have the authority to create: rules binding on member states; mechanisms for monitoring and enforcing compliance with these rules by Member States; oblige and empower individuals and legal entities of the Member States; to assign broad powers to create rules and audit their compliance to non-representative bodies, that is, international officials.

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 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

The main bodies 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 for their solution. The main phases of the organization's activity consist in discussion, decision-making and control over its implementation. From this follow three basic 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. Such decisions have only a moral-political binding force, nevertheless their impact on interstate relations and international law should not be underestimated: it is difficult for any state to resist the decision of an international organization.

Resolutions of organizations do not directly create an international legal regulations, but 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 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 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 in the UN some countries different reasons do not take part.

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 in a certain geographic 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, only industrialized countries are involved. 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;

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 Organization for industrial development- UNIDO, World Organization Tourism, International Maritime Organization, 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 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 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 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.

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.

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

The emergence of 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 powers. 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 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 of 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. The activities of organizations of general competence affect 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 common interests member states, while respecting their sovereignty. Such organizations are subjects of 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. The International Court of Justice 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 international union Telecommunications (ITU) or International Organization civil aviation(ICAO). 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. As such, it is subject to the law international treaties. At the same time, the charter is a treaty of a special kind. Under the 1969 and 1986 Vienna Conventions on the Law of Treaties, their provisions apply to a treaty that is the founding 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 occupies 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. Change happens without formal change statute as a result of practices recognized by Member States. The customary rules thus formed have become an important part of the law of every 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.