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Organization established by treaty between governments From Wikipedia, the free encyclopedia
An international organization, also known as an intergovernmental organization or an international institution, is an organization that is established by a treaty or other type of instrument governed by international law and possesses its own legal personality, such as the United Nations, the World Health Organization, International Union for Conservation of Nature, and BRICS.[2][3] International organizations are composed of primarily member states, but may also include other entities, such as other international organizations, firms, and nongovernmental organizations.[4] Additionally, entities (including states) may hold observer status.[5]
Examples for international organizations include: UN General Assembly, World Trade Organization, African Development Bank, UN Economic and Social Council, UN Security Council, Asian Development Bank, International Bank for Reconstruction and Development, International Monetary Fund, International Finance Corporation, Inter-American Development Bank, United Nations Environment Programme.[6]
Scottish law professor James Lorimer has been credited with coining the term "international organization" in a 1871 article in the Revue de Droit International et de Legislation Compare.[7] Lorimer use the term frequently in his two-volume Institutes of the Law of Nations (1883, 1884). Other early uses of the term were by law professor Walther Schucking in works published in 1907, 1908 and 1909, and by political science professor Paul S. Reinsch in 1911.[7] In 1935, Pitman B. Potter defined international organization as "an association or union of nations established or recognized by them for the purpose of realizing a common end". He distinguished between bilateral and multilateral organizations on one end and customary or conventional organizations on the other end.[8] In his 1922 book An Introduction to the Study of International Organization, Potter argued that international organization was distinct from "international intercourse" (all relations between states), "international law" (which lacks enforcement) and world government.[9]
International Organizations are sometimes referred to as intergovernmental organizations (IGOs), to clarify the distinction from international non-governmental organizations (INGOs), which are non-governmental organizations (NGOs) that operate internationally. These include international nonprofit organizations such as the World Organization of the Scout Movement, International Committee of the Red Cross and Médecins Sans Frontières, as well as lobby groups that represent the interests of multinational corporations.
IGOs are established by a treaty that acts as a charter creating the group. Treaties are formed when lawful representatives (governments) of several states go through a ratification process, providing the IGO with an international legal personality. Intergovernmental organizations are an important aspect of public international law.
Intergovernmental organizations in a legal sense should be distinguished from simple groupings or coalitions of states, such as the G7 or the Quartet. Such groups or associations have not been founded by a constituent document and exist only as task groups. Intergovernmental organizations must also be distinguished from treaties. Many treaties (such as the North American Free Trade Agreement, or the General Agreement on Tariffs and Trade before the establishment of the World Trade Organization) do not establish an independent secretariat and instead rely on the parties for their administration, for example by setting up a joint committee. Other treaties have established an administrative apparatus which was not deemed to have been granted binding legal authority.[10] The broader concept wherein relations among three or more states are organized according to certain principles they hold in common is multilateralism.[11]
Intergovernmental organizations differ in function, membership, and membership criteria. They have various goals and scopes, often outlined in the treaty or charter. Some IGOs developed to fulfill a need for a neutral forum for debate or negotiation to resolve disputes. Others developed to carry out mutual interests with unified aims to preserve peace through conflict resolution and better international relations, promote international cooperation on matters such as environmental protection, to promote human rights, to promote social development (education, health care), to render humanitarian aid, and to economic development. Some are more general in scope (the United Nations) while others may have subject-specific missions (such as INTERPOL or the International Telecommunication Union and other standards organizations). Common types include:
In regional organizations like the European Union, African Union, NATO, ASEAN and Mercosur, there are restrictions on membership due to factors such as geography or political regimes. To enter the European Union (EU), the states require different criteria; member states need to be European, liberal-democratic political system, and be a capitalist economy.[12]
The oldest regional organization is the Central Commission for Navigation on the Rhine, created in 1815 by the Congress of Vienna.
 | This section possibly contains original research. (June 2023) |
There are several different reasons a state may choose membership in an intergovernmental organization. But there are also reasons membership may be rejected.
Reasons for participation:
Reasons for rejecting membership:
Intergovernmental organizations are provided with privileges and immunities that are intended to ensure their independent and effective functioning. They are specified in the treaties that give rise to the organization (such as the Convention on the Privileges and Immunities of the United Nations and the Agreement on the Privileges and Immunities of the International Criminal Court), which are normally supplemented by further multinational agreements and national regulations (for example the International Organizations Immunities Act in the United States). The organizations are thereby immune from the jurisdiction of national courts. Certain privileges and immunities are also specified in the Vienna Convention on the Representation of States in their Relations with International Organizations of a Universal Character of 1975,.[14] which however has so far not been signed by 35 states and is thus not yet in force (status: 2022).[15]
Rather than by national jurisdiction, legal accountability is intended to be ensured by legal mechanisms that are internal to the intergovernmental organization itself[16] and access to administrative tribunals. In the course of many court cases where private parties tried to pursue claims against international organizations, there has been a gradual realization that alternative means of dispute settlement are required as states have fundamental human rights obligations to provide plaintiffs with access to court in view of their right to a fair trial.[17][18]: 77 Otherwise, the organizations' immunities may be put in question in national and international courts.[18]: 72 Some organizations hold proceedings before tribunals relating to their organization to be confidential, and in some instances have threatened disciplinary action should an employee disclose any of the relevant information. Such confidentiality has been criticized as a lack of transparency.[19]
The immunities also extend to employment law.[20][21] In this regard, immunity from national jurisdiction necessitates that reasonable alternative means are available to effectively protect employees' rights;[22] in this context, a first instance Dutch court considered an estimated duration of proceedings before the Administrative Tribunal of the International Labour Organization of 15 years to be too long.[23] An international organization does not pay taxes, is difficult to prosecute in court and is not obliged to provide information to any parliament.[24]
The United Nations focuses on five main areas: "maintaining peace and security, protecting human rights, delivering humanitarian aid, supporting sustainable development, and upholding international law".[25] UN agencies, such as UN Relief and Works Agency, are generally regarded as international organizations in their own right. Additionally, the United Nations has Specialized Agencies, which are organizations within the United Nations System that have their member states (often nearly identical to the UN Member States) and are governed independently by them; examples include international organizations that predate the UN, such as the International Telecommunication Union, and the Universal Postal Union, as well as organizations that were created after the UN such as the World Health Organization (which was made up of regional organizations such as PAHO that predated the UN). A few UN special agencies are very centralized in policy and decision-making, but some are decentralized; for example, the country-based projects or missions' directors and managers can decide what they want to do in the fields.[26]
The UN agencies have a variety of tasks based on their specialization and their interests. The UN agencies provide different kinds of assistance to low-income countries and middle-income countries, and this assistance would be a good resource for developmental projects in developing countries. The UN has to protect against any kind of human rights violation, and in the UN system, some specialized agencies, like ILO and United Nations High Commissioner for Refugees (UNHCR), work in the human rights' protection fields.[27] The UN agency, ILO, is trying to end any kind of discrimination in the work field and child labor; after that, this agency promotes fundamental labor rights and to get safe and secure for the laborers.[28] United Nations Environment Program(UNEP) is one of the UN's (United Nations) agencies and is an international organization that coordinates U.N. activities on the environment.[29]
An early prominent example of an international organization is the Congress of Vienna of 1814–1815, which was an international diplomatic conference to reconstitute the European political order after the downfall of the French Emperor Napoleon. States then became the main decision makers who preferred to maintain their sovereignty as of 1648 at the Westphalian treaty that closed the 30 Years' War in Europe.
The first and oldest international organization—being established employing a treaty, and creating a permanent secretariat, with a global membership—was the International Telecommunication Union (founded in 1865). The first general international organization—addressing a variety of issues—was the League of Nations, founded on 10 January 1920 with a principal mission of maintaining world peace after World War I. The United Nations followed this model after World War II. This was signed on 26 June 1945, in San Francisco, at the conclusion of the United Nations Conference on International Organization, and came into force on 24 October 1945.[30] Currently, the UN is the main IGO with its arms such as the United Nations Security Council (UNSC), the General Assembly (UNGA), the International Court of Justice (ICJ), the Secretariat (UNSA), the Trusteeship Council (UNTC) and the Economic and Social Council (ECOSOC).
When defined as "organizations with at least three state parties, a permanent headquarters or secretariat, as well as regular meetings and budgets", the number of IGOs in the world increased from about 60 in 1940 to about 350 in 1980, after which it has remained roughly constant.[31]
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