
- •The subject of international law
- •State as the main subject of international law
- •Diplomatic recognition
- •Recognition of states
- •Recognition of government
- •International organizations as a subject of international law.
- •Legal personality of national liberation movements
- •Legal personality of individuals
Recognition of government
As mentioned above the third criteria of the statehood is an “effective government”, therefore a decision to recognise a new State generally includes the recognition of government. They might be seen as similar concepts; however, recognition of a government is different from recognition of a State. Recognition of government would be discussed where the change of the government is unconstitutional. In practice, the effective control of the new government over the territory is a preferable criterion for the recognition but it requires being settled and likely to continue. The other difference is that, the recognition of a State is about its legal personality on the other hand recognition of a government is relevant to the status of the administrative authority.
International organizations as a subject of international law.
The term “international organization” is usually used to describe an organization set up by agreement between two or more states. There are three main types:
International nongovernmental organizations (NGOs): non-governmental organizations (NGOs) that operate internationally. There are two types:
International non-profit organizations. Examples include the World Organization of the Scout Movement, International Committee of the Red Cross and Médecins Sans Frontières.
International corporations, referred to as multinational corporations. Examples include The Coca-Cola Company and Toyota.
Intergovernmental organizations, also known as international governmental organizations (IGOs): the type of organization most closely associated with the term 'international organization', these are organizations that are made up primarily of sovereign states (referred to as member states). Notable examples include the United Nations (UN), Organization for Security and Co-operation in Europe (OSCE), Council of Europe (CoE), European Union (EU; which is a prime example of a supranational organization), and World Trade Organization (WTO). The UN has used the term "intergovernmental organization" instead of "international organization" for clarity.
As a legal person, or a subject of the law, international organization has a capacity to enter into legal relations and to have legal rights and duties.
The idea that they have international legal personality is even more recent. Treaties setting up international organizations often provide, as does Article 104 of the United Nations Charter, that ‘the organization shall enjoy in the territory of each of its members such legal capacity as may be necessary for the exercise of its functions and the fulfillment of its purposes’. All that this means is that the organization enjoys legal personality under the municipal laws of its member states; it can own property, enter into contracts, and so on. There is no corresponding article in the Charter expressly giving the United Nations personality under international law. Nevertheless, it is generally agreed that the United Nations does have at least some degree of international personality; for instance, Article 43 of the Charter empowers the United Nations to make certain types of treaties with member states —a power which could not exist if the United Nations had no international personality.
When states create an international organization, they set it up for specific purposes and give it limited powers. An organization may have a power to make treaties concerning one topic, for instance, but not about others. Similarly, powers may vary from organization to organization. The United Nations can take military action (in certain circumstances), but the World Health Organization (WHO) cannot.