International Organizations

International organizations, otherwise known as intergovernmental organizations, or IGOs, are formed between two or more state governments. Some IGOs operate by making decisions on the basis of one vote for each member-state, some make decisions on a consensus or unanimity basis, while still others have weighted voting structures based on security interests or monetary donations. There are more than 500 international organizations that deal with a wide variety of topics requiring international cooperation, such as the International Civil Aviation Organization, the Universal Postal Union, the International Organization for Standardization, and the International Organization for Migration.

Comprehension check:

1. How do different IGOs operate?

2. What do international organizations deal with?

Task: Read and translate the text:

Text 1 international organizations

Since 1945, an ever-increasing number of specialized institutions concerned with world-wide co-operation have appeared. The important role played by international organizations is the result of a growing governmental recognition of the international dimension of global political, economic, and social problems and the need for international co-operation to solving them. In order to discharge their functions effectively, international organizations are regarded as possessing rights and duties under international law. The main players are the United Nations and its related agencies. Regional organizations enjoy international legal personality as well. The nature and functions of international organizations and the United Nations system will be studied in Part III. Certain non-state entities like Protectorates, Mandated Territories, International Territories, National Liberation Movement, are also recognized with limited rights and duties under international law. The legal status of these entities under international law cannot however be surveyed in this short textbook. Reparations or Injuries Suffered in the Service of the United Nations Case 1949 ICJ Rep 174. Among them: the United Nations High Commissioner for Refugees (UNHCR), the United Nations Children's Fund (UNICEF), the United Nations Educational, Scientific, and Cultural Organization (UNESCO), the International Labour Organization (ILO), the International Monetary Fund (IMF), the United Nations Development Programme (UNDP), World Trade Organization (WTO), etc. Among them: the European Union (EU), the Organization for Security and Co-operation in Europe (OSCE), the North Atlantic Treaty Organization (NATO), the Organization of American States (OAS), and the Organization of African Unity (OAU).

International organizations

Task: Read and translate the text:

In order that the very many international organisations can carry out their allotted tasks, it is apparent that they must enjoy some measure of international personality. This will vary according to the organisation, its objectives and the terms of its constitution or constituent treaty.

It is not only the UN itself that enjoys international personality. The European Communities (e.g. Re European Road Transport Agreement Case, (22/70) [1971] CMLR 335; Maclaine Watson v Dept of Trade [1988] 3 All ER 257, though not, it seems, the European Union per se, see (1994) 65 BYIL 597), the Organisation of American States (OAS), the Organisation of African Unity (OAU) and the specialised agencies of the UN all have some separate capacity to act on the international plane in order to achieve their purposes. For example, many UN organs have the power to request an Advisory Opinion from the 1C: e.g. the General Assembly in The Legality of the Use of Nuclear Weapons Case 1996 and the Economic and Social Council in the Privileges and Immunities Case, and many subsidiary organs enter into treaties and agreements with states, as with UNRWA and its agreements with Syria, Egypt, Jordan and Israel. Once again, the class of such persons is not closed and one must examine the precise powers and responsibilities of any international organisation to see if it has any international personality and in what degree.

The Advisory Opinion on Nuclear Weapons (WHO Case) also provides valuable guidance on the content of the personality of international organisations. As noted at the outset of this chapter, the personality of organisations is not one of 'general competence': it is not a personality for all purposes. As a form of derived personality, the 'constitution' of the organisation (usually a treaty) will set out explicitly some of the attributes of international personality that the organisation is to enjoy (e.g., PCIJ Advisory Opinion on the Jurisdiction of the European Commission of the Danube, PCIJ Ser. B No. 14). For example, the power to make treaties, to bring claims, etc. In addition, however, it is now settled law that an international organisation will enjoy implied powers, being that degree of international competence that is required to enable it to achieve its purposes even if these are not explicitly stated in the constituent treaty. As stated in the WHO Case, 'the necessities of international life may point to the need for organisations, in order to achieve their objectives, to possess subsidiary powers which are not expressly provided for in the basic instruments which govern their activities. It is generally accepted that inter­national organisations can exercise such powers, known as implied powers'. So, in the WHO Case itself, the World Health Organisation undoubtedly had the international competence to request the ICJ to give an Advisory Opinion, but only in respect of matters explicitly or impliedly within its competence. This did not include a request for an Advisory Opinion on the legality of the threat or use of nuclear weapons.

Transnational corporations

Task: Read the text and answer the questions below:

Text 1

Transnational corporations

Transnational corporations (TNCs), also sometimes called multinational corporations (MNCs), also are playing an increased role in the development of international law. TNCs are commercial entities whose interests are profit-driven. Transnational corporations lobby states and international organizations in a manner similar to NGOs, with the hopes of having their interests protected under international law. Many of the same doubts related to NGO accountability and legitimacy can also be raised in the context of TNCs. For these reasons, the UN has sought both to regulate and to work with TNCs. A Draft Code of Conduct on TNCs has been under review and debate by various UN bodies for more than 10 years. TNCs also have been sued (предъявлять иск) in U.S. courts for violating international law in the way they effect the human rights of people in countries where they operate.

Comprehension check:

1. What role do TNCs play in the development of the international law?

2. What is the attitude of different subjects of international law towards TNCs?