supranational structures. General provisions on international organizations. The presence of the rights and obligations of the organization

Numerous organizations have emerged over the past decades to oversee economic relations in the world, protect them and try to promote them through agreements.

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

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

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

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

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

The social achievements available in the countries of the "nine" (wages, various types of social insurance, working hours, vacations) should be likened to each other (harmonized), that is, brought into line. All workers have freedom of movement for the purpose of employment in 12 countries.

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

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

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

As we noted earlier, in the international legal doctrine there is a fairly widespread opinion that one of the criteria for a supranational organization is that states agree to comply with the rules of law established by a supranational organization.

This is the reason for the discussion in legal doctrine as to whether this means the transfer of state sovereignty to a supranational organization.

In particular, there is a particularly radical position of the American scientist N. McCormick, who believes that as a result of the creation of a supranational organization (EU), no EU member is no longer a sovereign state. The main reason lies in the fact that sovereignty no longer stems "from within the state" (from the people), but depends on external factors- an international organization 2 .

There is a "borderline" position where "joint exercise of sovereignty" is possible. As B. De Witte points out, “sovereignty continues to be in the hands of the people and is exercised mainly by the organs of the state. The exercise of sovereign powers can be distributed horizontally, among the central authorities of the state, but there is no conceptual obstacle to its vertical distribution” to EU authorities. The activity of the EU is thus "another way of expressing sovereignty, no longer through autonomous decision-making, but through joint" 3 .

It seems that the position of M. Lyakhs is the most balanced on the issue of the transformation of sovereignty when creating or joining a supranational organization. In particular, M. Lyakhs believes that states give away part of their competence, and not sovereignty. Moreover, this Polish scholar connects the supranationality of the EU with the structure of its internal organs- Considering that the existence of the European Commission, the European Parliament, the Council of Ministers and the Court of Justice indicates, in his opinion, the creation of a new organization of a supranational type. He confirms his conclusion by the fact that each of the bodies has a certain competence, once inherent exclusively to state bodies (market regulation - by the European Commission, conclusion of international agreements - by the Council of Ministers, interpretation of agreements - by the Court).

In connection with the heterogeneity of the positions of lawyers on the issue of the relationship between sovereignty and competence of a supranational organization, it is necessary to trace the development of doctrinal ideas and legal regulation on this issue.

Sovereignty as a legal institution is the result of legal and political theories, both of which were formed as a result of the development of a system of independent nation states(Westphalian model). It can be noted that the generically named model was based on the fact that the main participants in international relations were sovereign states.

The earliest theory of sovereignty, put forward by J. Bodin, assumed a philosophical understanding of the problem of internal and external sovereignty. The internal aspect at the same time concerned the issue of the relationship of the king as a sovereign with his subjects, and the external aspect - the issues of coexistence between him and the papal throne. It is especially important that sovereignty at that time was concentrated on its sole bearer - the king.

Since the death of this eminent philosopher, the bearer of sovereignty has changed from the individual in the British and continental constitutional traditions to the collective. If initially sovereignty in Britain was divided between the king and parliament, then later this attribute became characteristic exclusively of parliament, which began to play a dominant role in relation to the monarch.

European and American traditions, starting from the 18th century, took a different path. Thus, American lawyers, inspired by the revolution and the liberation from colonial oppression by the British Parliament

(sovereign), proclaimed the doctrine of national sovereignty. In turn, the culmination of the French Revolution was the enshrinement in Article 3 of the French Constitution of the phrase that "national sovereignty belongs to the people." Similar approaches quickly spread across the European continent in XIX-XX centuries.

At present, almost all European states contain similar provisions in the initial articles of their constitutions. The same applies to the EAEU member states - Article 3 of the Constitution of Belarus, paragraph 3 of Article 1 of the Constitution of Russia, as well as paragraph 3 of Article 1 of the Constitution of Kazakhstan, include similar provisions. These facts should be assessed as a strong consolidation of the principle of national sovereignty in the national constitutional law of states.

It seems that at present it is generally recognized that national sovereignty is exercised by the people through their elected internal state bodies (parliaments, governments, presidents - depending on the form of government). However, the question arises of how sovereignty can be exercised when creating a supranational organization, such as the EU or the EAEU, which has its own legislative, executive and judicial bodies.

During the creation of the EU, the answers to this question were given in the national constitutions of European states. In particular, article 34 appeared in the Belgian Constitution, according to which “the execution of certain powers may be assigned by an international treaty or law to institutions of public international law.” The inclusion of this provision in the Belgian constitution was considered by the researchers of that time as an attribute of sovereignty. Article 24, paragraph 1, of the German Basic Law states that "The Federation may by law transfer sovereign powers to interstate institutions."

Based on the wording of the above constitutions, the researchers of that time came to the conclusion that the transfer of powers does not mean a partial renunciation of sovereignty; it means only the transfer of functions to a supranational body, which implies the possibility of "returning" these powers after the termination of the contract or in connection with the occurrence of a certain event in the future.

However, a different point of view of the researchers was different - in limiting sovereignty through a constitutional provision regarding entry into such organizations. Thus, Italy also included a provision in its Constitution, in Article 11, according to which "Italy may agree on equal terms to the limitation of sovereignty necessary to establish an order that guarantees peace and equality among peoples, and will assist international organizations that promote this value" . After joining the EU, states adopted similar amendments to their national constitutions.

In connection with the creation of the EU, the EU Court of Justice faced the problem of the relationship between sovereignty and supranational organization. Thus, in the case of Costa v. Enel 1964, the Court stated the following:

“By creating a Community of unlimited duration, having its own legal personality, legal personality, as well as having the ability to act in the international arena and, in particular, real powers arising from the limitation of sovereignty or the transfer of powers from States to Communities, States have limited their sovereign rights and, thus , created a set of rules that obliges

both their citizens and themselves."

In conclusion, the Court continued:

"The transfer by States from their national legal systems to that of the Community of the rights and obligations arising under a treaty carries with it a permanent limitation of their sovereign rights, against which a subsequent unilateral act in violation of the idea of ​​the Community cannot prevail."

Consequently, at present there are three approaches regarding the relationship of sovereignty and the creation of a supranational organization - (1) sovereignty remains with the member states of a supranational organization, and the supranational organization receives the appropriate competence by virtue of an international treaty; (2) states transfer sovereign rights to a supranational organization; (3) states lose their sovereignty.

It seems that the first point of view is the most justified.

There are three arguments to justify our position.

Firstly, a supranational organization, for example, the EU, has a fairly extensive but not comprehensive competence - external economic relations, the customs union, some parts of antimonopoly regulation, conservation of fish resources, currency regulation, foreign investment. At the same time, sovereignty includes the rule of law over the respective territory and population in all areas public relations.

In the context of the EAEU, it can be noted that in relation to the Russian

Federation, in accordance with paragraph g) of Article 71 of the Constitution, it is established that the jurisdiction Russian Federation includes the establishment of the legal foundations of the single market; customs regulation. However, the international Treaty on the EAEU transfers the functions of the federation of establishing the legal framework to the supranational level - in particular, issues of customs regulation (Article 25 of the Treaty on the EAEU), foreign trade (Article 32 of the Treaty on the EAEU) and others. In our opinion, it is possible to come to the conclusion about Russia's renunciation of sovereignty only if its Constitution contains the wording that sovereignty has been transferred to the supranational level. In addition, the Russian Federation is not deprived of the right to give competence to another body when changing its status in the EAEU.

Secondly, a supranational organization is not the bearer of sovereignty, since it has only the competence transferred to it. The Union does not have the right to change (by expanding or narrowing) its competence at its own discretion. In particular, despite the fact that, for example, in the Treaty on

The EU established the so-called. "flexible clause" that European Council right to take measures that were not directly provided for in the Treaty, the ECJ indicated that this rule cannot be used to actually change the provisions of an international treaty.

According to the Treaty on the EAEU, this supranational organization also does not have the right to act independently in the course of establishing competence, expanding it at its own discretion (Article 5).

In addition, according to paragraph 42 of the Statute of the EAEU Court, this body does not have the right to “endow Union bodies with additional competence in addition to that expressly provided for by the Treaty and (or) international treaties within the Union.” It seems that this provision is evidence of the absence of the possibility of expanding the competence for the Union at its discretion.

At the same time, in the practice of the EU Court of Justice, there is a well-established legal position on the "implied powers" of the union in a particular area. The doctrine of "implied powers" assumes that for the purposes of the best implementation of the norms of the founding Treaty, supranational bodies have implied, i.e. powers that are not directly specified in the Treaty, but which follow from the goals of creating the Union itself 2 .

In our opinion, however, the above cannot be considered evidence of the right of a supranational organization to determine its own competence, since the doctrine of implied powers is rather the implementation of the interpretation of an international treaty based on its purpose (the teleological method of interpretation).

Moreover, in favor of the position that states do not lose their sovereignty is also the fact that in most cases the competence of states

The EU and the EAEU are joint (shared competence), meaning that the member states have the right to regulate the relevant social relations, taking into account the provisions of international treaties regarding proper cooperation - until the Union has begun its activities. At the same time, supranational regulation has greater legal force than national regulation, and states are not allowed to enter into international obligations that may contradict supranational rules.

Thirdly, the member states of a supranational organization have the right to terminate their participation in the supranational organization, thereby exercising their sovereignty, and “returning” to national jurisdiction the functions previously transferred to the supranational level. It is reasonable to assume that if sovereignty were transferred to the supranational level, it would be necessary to obtain the consent of the new holder of sovereignty for such a return.

Thus, according to Article 50 of the Treaty on the Functioning of the European Union, “any Member State has the right to decide to withdraw from the Union in accordance with its constitutional provisions” .

In the EAEU, by virtue of paragraph 1 of Article 118 of the Treaty on the EAEU, "any Member State has the right to withdraw from this Treaty by sending a written notification of its intention to withdraw from this Treaty to the depositary of this Treaty through diplomatic channels."

In favor of our position, we should mention the position of the EurAsEC Court, which considered the issues of correlation between the sovereignty of states and the creation of a supranational organization.

In particular, in the joint dissenting opinion of the judges of the EurAsEC Court T.N. Neshataeva and K.L. Chaika pointed out that this phenomenon "inevitably implies the transfer of sovereign functions to general government bodies and the need to follow the instructions of these bodies in national laws" .

It seems, however, that despite the fact that the idea that member states do not lose their sovereignty, but transfer their functions to the level of a supranational organization, is the most preferable, nevertheless, we believe that the creation of a supranational organization is a phenomenon that creates a two-dimensional polysystem - institutional and legal. As a result, the supranational organization mediates its competence by creating its own right.

The philosophical division of legal systems into monosystems and polysystems should be recognized as the methodological basis for the study of the thesis about the “polysystemic nature” of the EAEU as a supranational organization. According to T.N. Neshataeva, a monosystem is a phenomenon in which there is “homogeneity of system-forming factors, a fairly strict structural basis, and a very clear integration of elements” .

At the same time, according to T.N. Neshataeva, the definition of "polysystem" is currently not well established. In particular, there is the position of V.P. Kuzmin, who believes that a polysystem (polysystemic complex) is "connection and interaction of systems". Disagreeing with this definition, T.N. Neshataeva believes that the definition is more logical, according to which "a polysystem, as well as a monosystem, is an integral community, the union of parts into a whole, and each of the parts is itself a system" .

In our opinion, the polysystem nature in the institutional plan during the creation of the EAEU lies in the fact that state bodies (the system of national bodies) create new independent supranational bodies (the system of supranational bodies) that function in accordance with

international law. As a result, an institutional

a polysystem in which supranational bodies have the right to oblige states to perform certain actions, that is, to influence, within their competence, the activities of another system of bodies - national ones. As a result, two systems of supranational and national bodies, formally independent of each other, line up in a single institutional polysystem, in which supranational bodies are higher in the hierarchy.

At the same time, it seems that polysystemicity in the legal context (on the issue of the relationship between the law of a supranational organization and the national law of the member states of a supranational organization) should begin to be justified from classical theories about the relationship between the norms of international and national law: dualism and monism. These theories have been studied in detail in Russian and foreign doctrine.

According to the dualistic theory, international law regulates relations between states, exists indirectly in relation to national law and cannot call into question the legality or

illegality of national law.

The monistic theory, at the same time, proceeds from something else: international and national law are a single legal system.

It seems that supranational organizations have questioned these theories and proclaimed new ones that correspond to realities. modern life: the theory of the rule of law and the direct operation of the norms of supranational organization .

The rule of law of a supranational organization is

the fundamental principle of the functioning of this subject

international law. This principle was not enshrined in the treaties according to which European integration was carried out, and was formulated by the EU Court of Justice in the cases under consideration.

In one of the first cases in the practice of the EU Court of Justice, it was stated that the rule of law of a supranational organization stems from the postulate of the binding nature of international treaties and the good faith of their implementation - the principle of pacta sunt servanda.

Subsequently, the Court of Justice in Van Gend en Loos pointed out that the EU legal order must be distinguished from traditional international law. Thus, the EU Court of Justice pointed out that the founding Treaty on the EU "has new features in the international legal order", and also has direct effect in

national systems of states (principle of direct action).

Subsequently, the ECJ delivered a landmark judgment in the context of the rule of law of a supranational organization in Costa v. Enel, in which he emphasized the originality, unlike anything else, of the law of a supranational organization, from which he deduced two characteristics: the law of the Communities can be checked for compliance exclusively with the law of the community, which is the competence of the supranational court; constitutions of nation-states cannot call into question the right of supranational organization (principle of the rule of law).

The rule of law also follows from the need to establish the effectiveness of its application. Building on this feature, the Court of Justice held in Walt Wilhelm that the EU Treaty created its own legal system integrated into the legal system of the Member States and that “it would be contrary to the nature of such a system to allow States to introduce or allow State measures to inflict harm to the practical effectiveness of the Treaty". Also in Simmenthal SpA, the ECJ stated that, in accordance with the principle of the rule of law, rules of national law that do not correspond to the rules of the law of a supranational organization should remain inapplicable by the courts in specific cases. Otherwise, it could lead to "denying the effectiveness of the obligations assumed unconditionally and irrevocably by States under the Treaty and thus undermining the foundations of the Community".

It follows from the above that states, in the opinion of the EU Court of Justice, are obliged: 1) not to allow the possibility for national governments to challenge the effect of supranational acts at their own discretion; 2) not to apply national acts that contradict supranational regulation; 3) not to adopt laws that contradict supranational regulation; 4) repeal laws that are contrary to European Union law.

Thus, from these decisions it follows that the EU Court of Justice admits the existence of a complex of supranational and national acts - a polysystem in the legal sense, in which national acts coexist with supranational ones and should not contradict them.

It is important to note that, according to T.N. Neshatayeva, in the legal context, a polysystem should be understood as “a set of norms included in different systems law, but united by the fact that they are aimed at regulating one category of international public relations.

For the first time in Russian science, the thesis of polysystem nature was put forward in the context of private international law in the works of the lawyer of the first half of the 20th century A.N. Makarov. This scientist believed that international private law cannot be fully part of either public international law or domestic law. “For me personally,” he writes, “the theory that meets the current level of international law is the theory of the separation of two legal orders - international and state. The logically inevitable conclusion of this basic theoretical premise is the recognition of separateness and conflict of laws of international and state law.

In the future, many scholars considered private international law as a legal polysystem. So, G.I. Tunkin believed that “private international law is a set of legal norms related in part to national legal systems various states, partially

to public international law (international treaties)". N.Yu. Erpyleva believes that “the complex nature of the nature of PIL is absolutely obvious, the impossibility of squeezing PIL into the framework of either national or international public law. PIL is a completely independent legal system.

It is also important to mention the position of R.A. Mullerson, who believed that private international law arises at the junction of parts of international public law and national law, which are able to regulate social relations of a non-powerful nature. “However, these parts, which are formed as a result of such interaction, a polysystemic complex, are not excluded from the corresponding national legal systems or public international law. The specificity of PIL lies in the fact that it is intended to regulate "a special group of social relations that have a dual nature and do not have their own" own "system of law" .

T.N. Neshataeva considered the most in detail the phenomenon of polysystemic nature of international public, international private law and the law of international organizations, and also expressed the opinion that “a look at modern international legal relations from the standpoint of systems approach allows us to single out in them, in addition to the monosystem - public international law, multidimensional legal polysystems - private international law and the law of international organizations ... private international law is dualistic in nature and is a multidimensional phenomenon, characterized by complicated connections and mutual influence of elements. In other words, we can conclude that private international law does not fit within the framework of one monosystem. .

The most capacious position of T.N. Neshatayeva can be reduced to the following: polysystem - "a complex legal complex - a system of norms aimed at legal regulation international relations contained in both domestic (national) and international sources

T.N. Neshatayeva in a dissenting opinion in the case at the request of the Supreme Economic Court of the Republic of Belarus, where it was noted that for violation of the norms of the law of the Customs Union, in fact, liability arises in accordance with the national legislation of the Member States of the Customs Union.

It should be noted that a similar problem exists in the practice of the EU Court of Justice, which asked about the possibility of applying national rules on liability for violation of EU law. As a result

The EU Court of Justice has developed a settled case-law on this issue, stating “that in the absence of a harmonized communal law in this area, Member States are free to choose the penalties they deem appropriate. They must, however, enjoy this right in accordance with communitarian law and their general principles And,

respectively, in accordance with the principle of proportionality.

In our opinion, it follows from this that there is a transformation of the institutions of international legal and national legal responsibility. By general rule, international legal responsibility comes in accordance with international law and entails the imposition of international legal sanctions, and national legal responsibility occurs, respectively, for violation of the norms of national law and entails the imposition of national legal sanctions. However, in the event that a supranational organization exists, for violation of the rules of law established by this

a supranational organization (for example, violation by individuals and legal entities of the rules of law established by the EEC) becomes liable in accordance with the norms of administrative or criminal law of the respective country in which the violation occurred.

Thus, at present there is a kind of composite rule of law in which the hypothesis is always enshrined in international law, the disposition can be enshrined in international and national law (for example, in relation to the Russian Federation, in Customs Code Customs Union or federal law“On Customs Regulation in the Russian Federation”), and sanctions are always in national law, while the number of these sanctions is equal to the number of states participating in the corresponding supranational organization (there are 5 of them in the EAEU, and 28 in the EU, respectively).

However, it should be noted that the existence of such a “composite norm” should rather be assessed negatively, since the subjects entrepreneurial activity, which, as proclaimed by the Treaty on the EAEU, should have equal rights, as a result, are subject to various negative legal consequences in case of violation of uniform norms of law only because the act was committed in a particular state in accordance with the international legal principle of territorial jurisdiction .

Thus, the creation of a supranational organization is the creation of a two-dimensional polysystemic complex in which independent supranational bodies influence national ones, and in which international and supranational law interact as two elements of a single legal polysystem.

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, because otherwise it would mean a gross violation of the principle of non-interference in the internal affairs of a state with consequences for such an organization negative consequences;
• 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 must not prejudice the recognized interests of an individual State and international community generally. 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, the European Union is a full member of many international fisheries 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 in person sovereign states;
• necessary system of principal and subsidiary organs.

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 this organization has 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 constituent act, resolutions of the highest and executive bodies, 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 may 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 in which membership is limited by a certain criterion that takes them beyond regional organization, but not allowing 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 that serve as the legal basis for the creation and activities of international organizations also characterize such an aspect of the status of an organization as the exercise 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 maintain such an order in international relations in which they themselves 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 on 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 Charter, as it may be necessary for the maintenance of 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 air, sea or ground forces members of the UN (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.

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

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

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

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

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

Dynamic interpretation means an interpretation of the bylaws that develops its content in accordance with the needs of the organization in the effective performance of its functions. Swedish professor O. Bring writes: "In recent years, we have seen how the Charter of the United Nations is being interpreted flexibly and dynamically 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.

An international organization is an association of states or their subjects, established by an interstate treaty (agreement) on a permanent basis, having permanent bodies, endowed with international legal personality (the ability of a subject of international law to be a participant in international legal relations, in particular, to conclude and implement international treaties, to own and dispose of property) and acting to achieve common goals.

The first MOs appeared at the beginning and middle of the 19th century. These were the Central Commission for Navigation on the Rhine, which arose in 1815, as well as the Universal Telegraph Union (1865) and the General Postal Union (1874)

To date, experts number more than 8,000 international organizations of various sizes and functional purposes. Classification will allow ordering their varieties.

1) according to the nature of membership, they distinguish:

International intergovernmental (interstate) organization - an association of sovereign states created to achieve common goals in accordance with international law on the basis of a multilateral international treaty (UN, WTO, EU, CIS)

International non-governmental (non-governmental, public) organizations (INGOs) are structures that consist of a number of subjects from different states ( public organizations, individual citizens) operating in specific areas. These include:

Professional organizations such as the International Political Science Association, the International Organization of Journalists;

Demographic organizations such as Women's International Democratic Federation, World Youth Federation;

Religious organizations (World Council of Churches, World Islamic Congress);

Legal organizations such as Amnesty International (protecting human rights and freedom);

Environmental organizations (Greenpeace and others);

Humanitarian organizations such as the International Red Cross;

Sports organizations, for example, the International Olympic Committee, the International Football Federation.

Organizations of solidarity and defense of peace: Solidarity Organization of the Peoples of Asia and Africa, World Peace Council, Pugowsh Movement (such organizations stand for disarmament, against conflicts, racism, fascism, etc.)

2) according to the circle of participants:

a) universal - open to the participation of all states (UN, WTO) or to the participation of public associations and individuals of all states (World Peace Council, International Association of Democratic Lawyers);

The United Nations Organization, UN is an international organization created to maintain and strengthen international peace and security, to develop cooperation between states.

The foundations of its activities and structure were developed during the Second World War by the leading members of the anti-Hitler coalition.

The UN Charter was approved at the San Francisco Conference, held from April to June 1945, and signed on June 26, 1945 by representatives of 50 states. The UN currently includes 193 states (of the independent states, only:Palestine, Holy See (Vatican)

of the partially recognizedSADR (Saharan Arab Democratic Republic) , Republic of China (Taiwan), Abkhazia, South Ossetia, Republic of Kosovo, Northern Cyprus)recognized by the UN, potential members .

UN structure:

a) The General Assembly - occupies a central place as the main deliberative, policy-making and representative body.

At General Assembly session order. It may hold regular, special and emergency special sessions.

The annual regular session of the Assembly opens on the third Tuesday of September and is under the direction of the President of the General Assembly, elected each session (or one of his 21 deputies)

Special sessions of the UN General Assembly may be convened on any issue at the request of the Security Council. At the beginning of 2014, 28 special sessions were convened on issues relating to most states of the world: human rights, environmental protection, drug control, etc.

Extraordinary special sessions may be convened at the request of the UN Security Council or a majority of UN Member States within 24 hours of receipt of such request by the UN Secretary General.

b) The Security Council bears the main responsibility for the maintenance of international peace and security, and all UN members must obey its decisions. The five permanent members of the Security Council (Russian Federation, USA, UK, France, China) have veto power.

c) UN Secretariat

It is an organ that serves the other main organs of the United Nations and implements the programs and policies adopted by them. The Secretariat employs 44,000 international staff who work in institutions around the world and perform a variety of day-to-day work

The secretariat is headed by the UN Secretary General.

d) International Court of Justice

The main judicial organ of the United Nations. The Court is composed of 15 independent judges acting in their personal capacity and not representing the state. They cannot devote themselves to any other occupation of a professional nature.

Side of the matter this Court only the state can be, and legal entities and individuals do not have the right to apply to the Court.

e) Economic and Social Council. Performs UN functions in the field of economic and social international cooperation.

f) United Nations Postal Administration

According to the UN Charter, any principal organ of the UN may establish various subsidiary bodies to carry out its duties, which are, in essence, international organizations. The most famous of them are: the World Bank, the International Monetary Fund, International Agency Atomic Energy (IAEA), UNESCO (Science and Knowledge).

The WTO is an international organization established on January 1, 1995 with the aim of liberalizing international trade and regulating trade and political relations of member states.The WTO was formed on the basis of the General Agreement on Tariffs and Trade (GATT), concluded in 1947 and for almost 50 years actually performed the functions of an international organization, but was, nevertheless, not an international organization in the legal sense.

official supreme body organization is the Ministerial Conference of the WTO, which meets at least once every two years.

The WTO has 159 members. Negotiations on Russia's accession to the World Trade Organization have been going on for 18 years, since 1993. December 16, 2011 - the Protocol "On the accession of the Russian Federation to the WTO" was signed in Geneva

b) regional - whose members may be states or public associations and individuals of a certain geographical region (EU, CIS);

The European Union (European Union, EU) is an economic and political association of 28 European states. Aimed at regional integration, the Union was legally secured by the Maastricht Treaty in 1992.

The European Union is an international entity that combines the features of an international organization and a state, but formally it is neither one nor the other. Decisions are made by independent supranational institutions or through negotiations between member states. The most important EU institutions are the European Commission, the Council of the European Union, the Court of Justice of the European Union, the European Council, the European Court of Auditors and the European Central Bank. The European Parliament is elected every five years by the citizens of the Union.

The Commonwealth of Independent States (CIS) is a regional international organization (international treaty) designed to regulate relations of cooperation between states that were previously part of the USSR. The CIS is not a supranational entity and operates on a voluntary basis.

The CIS was founded by the heads of the RSFSR, Belarus and Ukraine by signing on December 8, 1991. The founding states of the organization are those states that, by the time the Charter was adopted, had signed and ratified the Agreement on the Establishment of the CIS of December 8, 1991 and the Protocol to this Agreement of December 21, 1991. The member states of the Commonwealth are those that have assumed the obligations arising from the Charter within 1 year after its adoption by the Council of Heads of State.

The charter provides for the categories of associate members (these are states participating in certain types of activities of the organization, for example, Turkmenistan) and observers (these are states whose representatives may attend meetings of the CIS bodies).

The official legal members of the CIS are Azerbaijan, Armenia, Belarus, Kazakhstan, Kyrgyzstan, Moldova, Tajikistan, Turkmenistan, Uzbekistan

According to paragraphs 1 and 3 of Art. 104 of the Constitution of the RSFSR, the ratification of this agreement was within the competence of the Congress of People's Deputies of the RSFSR, the Congress, until its dissolution on October 4, 1993, refused to ratify this agreement. In this regard, on March 5, 2003, the Committee of the State Duma of the Federal Assembly of the Russian Federation on CIS Affairs and Relations with Compatriots came to the conclusion that the Russian Federation is not de jure a founding state of the CIS and a member state of the CIS. References to the constitution and laws of the USSR remained in the Russian constitution until the adoption of a new one in December 1993.

Georgia: On December 3, 1993, by decision of the Council of Heads of State, Georgia was admitted to the Commonwealth, and on December 9, 1993, it joined the CIS charter. On August 14, 2008, the Georgian Parliament adopted a unanimous (117 votes) decision on Georgia's withdrawal from the organization.

Ukraine: Ukraine has not ratified the CIS Charter, so it was not legally a member state of the CIS. On March 19, 2014, the National Security and Defense Council of Ukraine decided to terminate Ukraine's chairmanship in the CIS

c) inter-regional - organizations whose membership 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 the nature of powers:

Interstate - do not limit the sovereignty of the state, their decisions are advisory or binding force for the participating states (most of the international organizations of the UN, WTO, CIS)

Supranational (supranational) - partially restricting the sovereignty of the state: by joining such organizations, member states voluntarily transfer part of their powers to an international organization represented by its bodies. (EU, Customs Union EAEU);

4) Classification by competence (field of activity)

a) general competence - activities affect all spheres of relations between member states: political, economic, social, cultural and others (UN, EU, Organization of American States);

b) special competence - cooperation is limited to one special area, while such organizations can be divided into military, political, economic, social, cultural, scientific, religious; (World Health Organization, International Labor Organization, NATO)

The North Atlantic Treaty Organization (NATO) is a military-political bloc that unites most of the countries of Europe, the United States and Canada. Founded April 4, 1949 in the USA.Then 12 countries became NATO member states - the USA, Canada, Iceland, Great Britain, France, Belgium, the Netherlands, Luxembourg, Norway, Denmark, Italy and Portugal.

NATO includes 28 states: Albania, USA, Belgium, Bulgaria, Estonia, Spain, Holland, Croatia, Iceland, Italy, Canada, Greece, Lithuania, Luxembourg, Latvia, Norway, Poland, Portugal, France, Romania, Germany, Slovakia, Slovenia, Great Britain, Denmark, Czech Republic, Turkey, Hungary.

In accordance with the North Atlantic Treaty of 1949, NATO aims to "increase stability and increase prosperity in the North Atlantic region." "The participating countries have joined their efforts to create a collective defense and maintain peace and security." One of the declared goals of NATO is to provide deterrence or protection against any form of aggression against the territory of any NATO member state.

In general, the bloc was created to "repel the Soviet threat." In the words of First Secretary General Ismay Hastings, the purpose of NATO was "... to keep the Russians out, the Americans in, and the Germans under."

The creation of the bloc in 1949 was perceived by the USSR as a threat to its own security. In 1954, at a meeting of foreign ministers in Berlin, Soviet representatives were assured that NATO was a purely defensive organization. In response to calls for cooperation, the USSR offered its cooperation to NATO member countries, but this initiative was rejected. In response, the Soviet Union formed in 1955 a military bloc of states pursuing a pro-Soviet policy - the Warsaw Pact.

After the collapse of the Warsaw Pact and the USSR, the NATO bloc, which, according to official documents, was created to repel the Soviet threat, did not cease to exist and began to expand to the east.

NATO has signed a cooperation agreement with a number of European states. The program of interaction with these countries is called “Partnership for Peace”. Among the program participants:

Austria, Azerbaijan, Armenia, Belarus, Bosnia and Herzegovina, Georgia, Ireland, Kazakhstan, Kyrgyzstan, Macedonia, Malta, Moldova, Russia, Serbia, Tajikistan, Turkmenistan, Uzbekistan, Ukraine, Finland, Montenegro, Switzerland, Sweden.

On September 5, 2014, at a meeting of NATO leaders in Newport, a decision was made to create a rapid reaction force. The force of about 4,000 people is designed to respond quickly if Russia attacks any of the NATO countries. The main base and command center of the forces are planned to be located in the UK. The planned term for the transfer and deployment of units in countries bordering Russia (Poland, the Baltic States) does not exceed 48 hours.

5) Classification according to the order of admission of new members[edit | edit wiki text]

Open (any entity can become a member at its discretion, the UN, Greenpeace, a member of UNESCO, the IMF can become any member of the UN)

Closed (admission with the consent of the original founders, the EU, NATO, etc.)