Legal personality of international conferences. Legal personality of international intergovernmental organizations. United Nations: History of Creation, Legal Status and Principal Organs

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INTRODUCTION

CONCLUSION

INTRODUCTION

Interstate associations today actively participate in international relations... The territorial problems of the interstate structure are known to mankind throughout the entire period of its existence, since the states used various forms associations to achieve certain goals. However, the overwhelming majority of state integration processes took place in the second half of the 20th century. Appearance in 1949. international regional organization- The Council of Europe opens a new milestone in the development of cooperation European states, some of which, through the formation of the European economic community, have today come to a new type of integration association - the European Union.

These processes have not spared Russia either. After the collapse of the USSR Russian Federation becomes a member of the Commonwealth of Independent States, the events of recent years testify to the creation of a new association - the Union State of Belarus and Russia.

Many works of Soviet and modern Russian legal scholars are devoted to the problem of interstate associations, among which are M.I. Baytin, A.B. Vengerova, L.V. Grechko, B.M. Lazarev, V.V. Lazareva, S.V. Lipenya, M.N. Marchenko, B.C. Nersesyants, V.M. Tikhomirova, B.N. Topornina, A.F. Cherdantseva, V.E. Chirkin, G.G. Shinkaretskaya and others. However, confederations and various state-legal associations, unions of sovereign states have not been sufficiently studied as an independent institution of modern theory of state and law and international law: there is no unambiguous definition of the concept of the union of states, the form of interstate structure, there is no single position regarding the international legal personality of associations of states.

1. The concept of international legal personality

Legal personality is a property of a person (international personality), in the presence of which it acquires the quality of a subject of law. “Subject of Law” and “Legal Personality” are the same categories in their main content. Mamedov U.Yu. International legal personality: main development trends. / Author. diss. to apply for an account. step. Ph.D. - Kazan: Kazan State. un-t., 2001.

The domestic doctrine noted that the most important property of the subject of international law is the legal ability of a participant in international communication to independent international action, to the legal expression of will. But the ability for such actions is inconceivable without the presence of an independent (autonomous) will of an international personality.

Therefore, it is the will that underlies international legal personality. The presence of an independent will that allows a participant in international communication to perform certain international actions is the litmus test that determines the possibility of the existence of a subject of law. Without such a quality as will (here, of course, it is understood as a social category, not psychological), there is no subject of international law in general. In our literature, other than will, the foundations of international legal personality have been put forward. For many years, for example, the concept was widespread, according to which sovereignty was considered the main criterion of international legal personality. And although this point of view was rejected by the majority of authors, its recurrences no, no, and they make themselves felt.

Of course, for the state (that is, for one, albeit basic, type of subject), sovereignty ultimately serves as a source of legal personality.

But here we must bear in mind two circumstances. First, the direct factor that allows us to talk about the international legal personality of the state is not sovereignty as a property of state power, but its concrete expression - the sovereign will inherent in the state, which makes it possible for the state to independently perform international actions. Secondly, other subjects of international law do not possess state sovereignty (this is especially true of international organizations), and then it is not clear why they can be so. Therefore, as L.N. Maratadze, “it is wrong to identify the legal characteristics of subjects of international character with the specific characteristics of a particular subject that determine its individuality in the international legal relationship". Feldman D.I. Kurdyukov G.I. The main trends in the development of international legal personality. - Kazan: Publishing house of Kazan University., 1974.

Recognizing the importance of the constructions of the general theory of law in the definition of international legal personality, one should warn against their mechanical transfer into the field of international law without taking into account the peculiarities of the latter. Moreover, it is hardly possible to name another legal category of an international character, where the influence of these features would be felt more strongly than when determining international legal personality. There can be no complete identity of the features that make up the concept of "subject of national law" (in the literature on the theory of law they simply write: "subject of law" and "subject of international law"). International law. Textbook for universities. / Otv. ed. G.V. Ignatenko, O. I. Tiunov. - M., 2004. What is the difference between these concepts? The main thing is in the nature and volume of the legal ability of a participant in international communication to act independently, to express legal will. If the ability to participate in legal relations, to have the rights and obligations established by legal norms, the ability to independently exercise these rights and obligations exhausts the content of legal personality in national law, then in relation to a subject of international law it reveals only one (albeit essential) feature of it ( from a number of others).

In national law, the state through the law determines the range of subjects of law, endows them with a set of rights and obligations and ensures compliance with the established legal order. This is not the case in international law. There are no bodies standing above the subjects and establishing obligatory rules of behavior for them, just as there is no special apparatus of coercion. The subjects themselves (and only they) can create (shape) the norms of international law. The subjects themselves (and only they) ensure the implementation of the norms of international law. Taking into account the foregoing, it can be considered that, in addition to such a feature as the ability to be the bearer of international legal rights and obligations and to independently implement them (which corresponds to the provision on legal personality developed by the general theory of law), international legal personality is characterized by two more independent features:

1) the ability to participate in the process of international lawmaking:

2) the ability to independently (individually or collectively) ensure the implementation of the created norms. International law. Textbook for universities. / Otv. ed. G.V. Ignatenko, O. I. Tiunov. - M., 2004.

Consequently, only that person who possesses all three of these characteristics can be called a subject of international law.

Based on the foregoing, the following general conclusions about international legal personality can be drawn:

First, international legal personality is a legal property acquired by international personalities by virtue of legal norms. Indeed, all subjects of international law have a legal basis for their emergence. The formation of a new state is officially recorded and legally drawn up by constituent documents (constitutional acts, declarations, appeals, international treaties and others). The nation fighting for its national liberation is personified in the national political organization, preceding a sovereign state, the creation of which it proclaims by issuing an appropriate legal act.

Secondly, international legal personality is not only a legal, but also a socio-political property. Subjects of international law are political entities; their emergence and existence is due to social processes.

Thus, the formation of nations as a subject of law, the emergence of new states on the territory of former colonies is associated with the national liberation struggle of peoples for their liberation, the exercise of their right to self-determination.

Thirdly, the basis of international legal personality is the freedom of social will of this or that political entity for international scene... The presence of one's own will, independent of any other subjects, which allows one to independently carry out activities in the international arena corresponding to the goals and interests of this education, serves as the main criterion for this international personality to have legal personality.

Fourth, the content of international legal personality lies in the legal ability of a participant in international communication to independent international action, expressed in the independent exercise of rights and obligations, participation in the creation of international law and in ensuring their implementation.

2. Features of the legal personality of international organizations

Do international organizations have the above signs of legal personality? Apparently, there can be no general affirmative answer to all three types of international organizations - interstate (intergovernmental), interdepartmental and non-governmental (public).

At least in relation to non-governmental (public) international organizations, one can speak with a sufficient degree of certainty: they lack a number of attributes necessary for their recognition as subjects of international law. These are characteristics such as the ability to create and enforce the norms of international law. At the same time, non-governmental organizations, while not being subjects of international law, may possess some features of international legal personality, including certain rights and obligations established by international legal norms.

One example here is the consultative status of non-governmental organizations in the UN, which grants these organizations (depending on the type of status) such rights as the inclusion of issues on the agenda of the session of ECOSOC and its subsidiary bodies, participation in their work, and so on. The possibility of participation of a non-governmental organization in the international conciliation procedure is not excluded.

A non-governmental organization can be a subject of private international law. But here it is necessary to make a reservation. In the literature, an international organization has private law powers (to conclude transactions, acquire real estate and dispose of them, initiate civil cases in national courts, and so on) is often considered as evidence of their international legal personality (especially often references are made to Article 104 of the UN Charter). International legal personality of the European Union. // Journal of Russian law. - 2002. - No. 8.

This kind of reference is unjustified. The fact that an international organization has these powers has nothing to do with its international legal personality (that is, its recognition as a subject of public international law). This fact only suggests that this entity is a subject of private international law. Another thing is that subjects of public law, as a rule, are subjects of private international law. The definition of the international legal personality of an interstate (intergovernmental) organization, on the one hand, and an interdepartmental one, on the other, can be approached with the same yardsticks. National departments, being state bodies, when establishing an interdepartmental organization, act on the basis of the powers granted to them by the state, which are enshrined in those domestic normative acts (constitution, provision on this body, and so on) that define it. legal status... At the same time, the international actions of the department should be carried out within the framework of the competence granted to it.

Accepting international legal obligations under the constituent act within the specified limits, the department acts on behalf of the state. And, of course, the responsibility for fulfilling these obligations ultimately also falls on the state.

Therefore, in the future, when considering the legal personality of international organizations, I would like to note that we are talking not only about interstate (intergovernmental), but also about interdepartmental organizations. It is also natural that the study of the problem should be limited by the framework of: a) the above two types of international organizations; b) legally existing formations of states, that is, those organizations whose constituent acts satisfy the conditions of validity of international treaties (freedom of expression of the will of participants, compliance with the basic principles of international law, compliance with formal legal requirements for the execution of such acts and others). International legal personality: main development trends. / Author. diss. to apply for an account. step. Ph.D. - Kazan: Kazan State. un-t., 2001.

The study of the emergence, formation and development of such organizations, as well as the analysis of their constituent acts and other documents, in relation to their functioning, allows us to conclude that they have all the characteristics of a subject of international law.

This can be shown by the example of universal organizations, and primarily by the example of the United Nations as the most important universal organization of the modern world.

The fact that all organizations are legal and socio-political entities does not require special proof. They are created and operate on the basis of a constituent act, the qualification of which as an international treaty, that is, as a legal phenomenon, is beyond doubt. At the same time, the emergence of these organizations is the result of certain socio-political processes. The theory of state and law. Course of lectures. / Under. ed. N.I. Matuzova, A.V. Malko. - M .: Jurist, 2007.

So, the rapid growth of interstate (intergovernmental) organizations in the postwar period was largely due to the need to develop international cooperation, solutions global problems(which was facilitated by the democratization of international relations, caused by the victory over the most reactionary forces in the Second World War, the change in the balance of forces in the world arena, the collapse of colonialism, and so on), the scientific and technological revolution and other factors of a socio-political nature. The question of what rights and responsibilities to give an organization, what scope to give it for independent implementation of international actions, in other words, what features of legal personality to give it, is decided by states depending on the political tasks that are set for this organization.

3. Implementation of international legal personality

The rights and obligations of the organization are usually indicated in the constituent acts and in documents supplementing them. The existence of rights and obligations for different organizations is different, depending on the goals they pursue, on the functions they perform. Suffice it to compare the scope of the rights and obligations of organizations of general competence, which is, for example, the UN, and organizations entrusted with relatively narrow tasks (say, the Union for Combating Epizootics). At the same time, it is possible to identify and common features common to all organizations of a universal type. Let us first of all note that without the existence of rights and obligations, no organization could perform the functions assigned to it. At the same time, it enters into certain legal relations with states and international organizations (actions of the UN Security Council on the peaceful resolution of disputes and to prevent acts of aggression; providing technical assistance to states, issuing administrative and regulatory acts, etc.). Many constituent acts of specialized organizations provide for the maintenance of relations with UN bodies and other international organizations. As for legal relations with sovereign subjects, they are not limited to contacts with member states. European law. Textbook for universities. / Under total. ed. L.M. Entina. M .: Publishing house NORMA. 2000.

Cooperation is also carried out with non-member states, for which appropriate treaties are concluded (for example, the UN Interim Agreement with the Swiss The Federal Council of December 14, 1946).

The Vienna Convention of March 14, 1975 grants states the right to have their representations at international organizations of a universal character, therefore, the organization has the right to enter into relations with sovereign subjects through these representations.

International organizations have a certain set of privileges and immunities necessary to carry out the tasks assigned to them. They are enshrined in articles of association and special agreements on immunities. An example is Art. 105 of the UN Charter, Art. XII of the UNESCO Constitution, the Convention on the Privileges and Immunities of the United Nations of February 13, 1946, the General Convention on the Privileges and Immunities of the Specialized Institutions of January 21, 1947, the Agreement on the Legal Capacity, Privileges and Immunities of the International Organization of Space Communications "Intersputnik" of September 20, 1976. , agreements of international organizations with those states where their central offices are located (UN, for example, such agreements have been concluded with the USA, Switzerland, the Netherlands). Kurdyukov G.I. The main trends in the development of international legal personality. - Kazan: Publishing house of Kazan University., 1974.

There are several categories of privileges and immunities, the main of which are immunities: a) the organization itself; b) its officials. In some agreements (for example, in Article V of the Agreement on Privileges and Immunities of the IAEA of July 1, 1959), the immunities of representatives of states are specifically regulated. The personality of the owner of immunities leaves an imprint on the content of the latter. The fact that an international organization (and, accordingly, its officials) have immunities is one of the most important features of legal personality. At the same time, the volume of rights granted to the organization is such that it undoubtedly testifies to its independent existence, including from sovereign subjects. Immunities provide the organization with normal activities, the implementation of its functions. Organizational legal basis Commonwealth of Independent States: Comparative Analysis Experience. // State and law. - 1998. - No. 11

The organization participates in the resolution of disputes arising from it with other subjects of international law (including states) using such means that are usually used in the relationship between the subjects (negotiations, mediation and other services, international judicial procedure, etc.) ...

Confirmation of this can be found both in the constituent acts of organizations and in numerous agreements concluded by an international organization (for example, in agreements on technical assistance between specialized agencies UN and states). Moreover, international organizations themselves often act as bodies through which a dispute is resolved (even in cases where the organization is not a party to the dispute). To this end, they use the procedures provided for in the constituent acts (an example is Chapter VI of the UN Charter). The organization can be involved (on its own initiative or in accordance with the invitation of the disputants) to participate in the conciliation procedure, which has taken place more than once in practice (good offices of the UN Secretary General in the Iran-Iraq conflict in 1987-1988, mediation of his representative in negotiations between Afghanistan and Pakistan in 1987-1988, etc.) Malinin S.A., Kovaleva T.M. Legal personality of international organizations. // Jurisprudence. - 1992. - No. 5.

Within the framework of international organizations, judicial bodies can function (International Court of Justice, special courts for resolving a specific dispute, etc.). Some organizations may seek advisory opinions from the International Court of Justice. International legal personality of the European Union. // Journal of Russian law. - 2002. - No. 8.

By virtue of the Charter, such a right is directly granted only to the General Assembly and the Security Council (clause 1 of Article 96), that is, to the two main bodies of the UN. Other UN bodies exercise this right with the permission of the General Assembly. As for other (except for the UN) international organizations, according to the letter of the UN Charter, permission from the General Assembly to apply to the court for an advisory opinion can only be obtained by specialized UN agencies (the request can only concern disputes arising within the scope of their activities). However, it should be borne in mind that several other organizations (IAEA, UNCTAD) operate in the UN system, which are neither UN bodies, nor specialized UN agencies. But they have ties with the UN, and they are closer than the specialized agencies of the UN. According to their legal status, they occupy a place, as it were, between their own UN bodies and specialized agencies. Therefore, there are no theoretical obstacles to classifying the IAEA and UNCTAD among those organizations that the General Assembly can give permission to apply to the International Court of Justice.

The absence of a mention of this in the UN Charter is explained by the fact that these organizations were created much later than the entry into force of the UN Charter.

The types, direction and scope of the rule-making powers of any international organization are fixed in the treaty (charter) on its creation, or in other documents supplementing it. The most typical forms of consolidation of such powers are:

a) direct mention of specific types and forms of norm-setting activity in the constituent act (UN Charters, FAO, etc.);

b) such a statement of the functions and powers of the organization, the interpretation of which makes it possible to speak with all certainty that the organization has rule-making competence (this interpretation is often given in the decrees of the main bodies of the organization);

c) an indication of the types and forms of lawmaking in agreements concluded between the member states, between the member states and this international organization, etc., which can be considered as an addition (concretization) of the constituent act;

d) a general statement in multilateral treaties of a universal type of one or another rule-making ability of certain categories of international organizations (a vivid example is the Vienna Convention of 1986 "On the Law of Treaties between States and International Organizations or Between International Organizations").

Each international organization can only participate in the form of rule-making that is permitted by its charter.

The forms of expression of norms (sources of law), in the creation of which the organization participates, can be either typical, usually used by states, or have a specific character. The first category includes, first of all, a treaty, which is directly fixed in a number of international legal acts (for example, article 3 in the Vienna Convention on the Law of Treaties of 1969, article 2 of the Convention on the Law of Treaties between States and International Organizations or between International Organizations 1986), as well as custom and final acts international conferences.Artamonova O.F. International legal personality of the European Union. // Journal of Russian law. - 2002. - No. 8.

The second category includes the regulations of international organizations. In addition to direct participation in the process of creating norms, including its final stage (actually rule-making activity), an international organization can provide assistance in the implementation of rule-making activities to states or other subjects of international law.

In this case, the organization participates in the rule-making process at its various stages (for example, the development of draft multilateral agreements), sometimes acting very actively, but is excluded from participation in final stages rule-making, when there is an agreement of the subjects' wills regarding the recognition of a rule as a legal norm. European law. Textbook for universities. / Under total. ed. L.M. Entina. M .: Publishing house NORMA. 2000. The forms of participation of an organization in international rule-making are diverse (the conclusion of international agreements within and under the auspices of the organization, the impact on the rule-making process through the adoption of appropriate decisions, amendments to the constituent act, assistance to the emergence and formation of international customary norms, their confirmation and concretization, administrative -recommendatory acts, approval of certain types of agreements of specialized institutions that give them legal force, etc.).

This category of acts, which are of a recommendatory nature, together with decisions on intra-organizational issues (these decisions, although they are mandatory for members of the organization, nevertheless, do not create the norms of international law, since they do not have all the attributes of the latter) has the largest share among legal acts any organization.

The participation of an international organization in the creation of the norms of international law most fully reveals not the implementation of its auxiliary functions in the formation of norms, but the actual rule-making activity. Can all universal international organizations directly participate in norm setting? Apparently, it is impossible to give an unambiguous answer in relation to any forms of the organization's own rule-making activity. But, in principle, each organization can have contractual legal capacity, which follows from the entire content of the Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations of 1986.

In the constituent acts of a number of organizations, contractual legal capacity is regulated in detail. In the UN Charter, for example, it is mentioned in Art. 17, p. 3, 26; 28, p. 3; 32; 35, p. 2; 43; 53, p. 1; 57, p. 1; 63, p. 1; 64, p. 1; 77; 79; 83; 85, p. 2; 105, paragraph 3. Despite some specificity in the legal nature of treaties concluded by international organizations, these treaties and interstate agreements are international in nature. They are identical in legal force. The right to participate in agreements extends to general multilateral agreements.

Based on the analysis of the practice of a number of organizations, the following list of options for such participation can be proposed: 1) when the possibility of participation in a certain agreement arises from the constituent act or other “rules of the organization”; 2) if the subject matter of the treaty or its object is directly related to the interstate organization and the member states believe that its participation in the treaty will contribute to the effective fulfillment of its goals and objectives; 3) if such a possibility is fixed in the provisions of the contract; 4) if the need for an international organization to participate in a general multilateral treaty is dictated by certain factual circumstances (for example, participation in conventions on radiation safety when an organization uses nuclear facilities in its activities). Malinin S.A., Kovaleva T.M. Legal personality of international organizations. // Jurisprudence. - 1992. - No. 5. The body authorized to conclude agreements on behalf of the organization is determined on the basis of the constituent act.

In the absence of such instructions in it, preference should be given to the plenary body, since it is, as a rule, the highest body of the organization (the UN structure has its own characteristics) and it owns all the highest prerogatives, including law-making. However, as practice shows, the plenary body itself rarely concludes agreements, entrusting the performance of this function to other bodies of the organization. The procedure for concluding agreements with the participation of international organizations is basically similar to the procedure for concluding interstate treaties, but it has some peculiarities. Let's note two of them.

The first concerns the issue of approval of the agreed text of the treaty by the competent authority of the organization. The following formulas for approval can be distinguished; a) approval of only the very fact of the conclusion of the agreement; b) consideration of the drafted text of the agreement and approval of its principal provisions; c) study and approval of all provisions of the compiled text. The second feature is that, unlike this way of expressing the consent of states to the legal binding of an agreement, such as ratification, international organizations use an “act of official confirmation” (Article 14, paragraph 2 of the 1986 Convention), which is usually expressed in the form of a decision of the competent authority organizations. The issue of norm-setting (norm-containing) decrees of international organizations in the literature is controversial. Malinin S.A., Kovaleva T.M. Legal personality of international organizations. // Jurisprudence. - 1992. - No. 5.

Some authors deny the very possibility of endowing an international organization with these powers. Others, on the contrary, recognize this possibility, while making a number of reservations. In particular, it highlights rare cases of granting such a right to international organizations. In fact, we are talking about the United Nations, or rather, about its two main organs - the General Assembly and the Security Council. The latter is due to the fact that the General Assembly and the Security Council occupy a special position in the system of other UN bodies and can be regarded as supreme. All other principal organs, with the exception of the International Court of Justice, which has specific functions and, therefore, does not raise the issue of creating the rule of law by it, work under the leadership of the General Assembly.

The latter circumstance will give a sufficient explanation as to why the possibility of their adoption of normative decisions is not provided for by the UN Charter. Two prerequisites are the starting points for deciding whether a particular resolution of the General Assembly and the Security Council belongs to the norm-setting ones: a) they must create norms of law (that is, regulate relations between subjects of law; be general; be binding); b) such resolutions must be adopted within the framework of the constituent act of the Organization (they must meet all the criteria of legality, of which, in relation to normative decisions, they are of particular importance: the given body has the appropriate powers and the delimitation of competence between the two named bodies). On the legal nature of the CIS and the Union of Belarus and Russia. // Journal of Russian law. - 2000. - No. 7.

If we turn to the UN Charter, then these prerequisites can be found in it. Including with regard to the Security Council. So, on the basis of paragraph 2 of Art. 35 of the Statute of the International Court of Justice, the Security Council determines the conditions (rules) under which the Court is open to states that are not parties to the Statute of the International Court of Justice. This is the essence of a general prescription that must be fulfilled every time the conditions stipulated by it are present.

General principles for the formation of the UN armed forces, some of which (25 articles) were agreed upon in the Military Staff Committee in 1946-1947. (the work was not fully carried out), if they are adopted by the Security Council, they will also have all the signs of the rule of law. By virtue of the foregoing, it is impossible to qualify all acts of the Security Council without exception as having an executive character (such guardianship is dominant in the doctrine). The possibility of participation in lawmaking (within a limited, of course, framework) and the General Assembly as a general meeting of all UN members should be recognized. At the very least, the binding force of certain categories of General Assembly decisions can hardly be questioned. In the same way, one cannot deny the fact that among them there are resolutions containing the norms of law. Convincing examples of such decisions are the Declaration on the Granting of Independence to Colonial Countries and Peoples of December 14, 1960, the Declaration on the Principles of International Law Concerning Friendly Relations and Cooperation between States in accordance with the UN Charter of October 24, 1970, Resolution of December 14, 1974 ., containing the definition of aggression.

One cannot agree with the point of view that in the decisions of international organizations one can trace the expression of the agreed will of the member states. Resolutions of international organizations are the result of the unilateral expression of the will of an international organization as an independent subject of international law, a concrete expression of the implementation of its will. At the same time, such a unilateral expression of will is due to the fact that the will of the member states of the day organization has been agreed upon, expressed in the constituent act. Such actions as the adoption of regulations, an organization can only perform if it is provided for in the agreement on its creation. Moreover, the treaty establishes not only the limits, but also the nature of this type of rule-making. Thus, in this case, the occurrence new norm ultimately based on an agreement between sovereign subjects of international law.

4. Enforcement of the norms of international law

This ability of international organizations has various manifestations. Among the means that are used are the institutions of international legal responsibility and international control, the application of sanctions. International organizations, acting in the international arena as independent entities, should also bear international legal responsibility for offenses. The Treaty on the Principles Governing the Activities of States in the Exploration of Outer Space, Including the Moon and Other Celestial Bodies, dated January 27, 1967, for the activities of an international organization in outer space establishes joint responsibility of organizations and member states. However, this cannot be considered as the only possible solution. An international organization can be solely responsible. Moreover, the latter option is preferable. Joint and several liability should be resorted to only in cases where the amount of damage exceeds the ability of the international organization. European law. Textbook for universities. / Under total. ed. L.M. Entina. M .: Publishing house NORMA. 2000. (This is exactly the case with potential damage in outer space).

On the other hand, an international organization enjoys the right to present its claims against individual states (for example, for compensation for damage caused), which in relation to the UN was confirmed by the advisory opinion of the International Court of Justice back in 1949.

From the point of view of ensuring the norms of law, certain control functions carried out by international organizations are important. Often they are recorded directly in the constituent acts. Thus, the UN Charter authorizes ECOSOC to take appropriate measures to receive from member states and UN specialized agencies reports on the measures taken by them in pursuance of its own recommendations and the recommendations of the General Assembly on issues within its competence (Article 64, paragraph 1) ... The Trusteeship Council is entrusted with the consideration of reports submitted by the administering authority, and petitions from the population of the trust territories, the implementation of inspections (Article 87). The IAEA Charter establishes a special institution - the system of guarantees (Article XII), which is a kind of international control.

Certain nuclear facilities are put under such control (IAEA safeguards, for example, apply to all projects carried out with the help of this organization; they can be accepted by states and voluntarily). The main forms of control are: analysis by the IAEA of information and reports received from states, observation and inspection by the IAEA on the ground. Sometimes indications of the control functions of international organizations can be found in the text of international agreements. For example, the Non-Proliferation Treaty nuclear weapons July 1, 1968 (Art. III - I) extends IAEA safeguards to nuclear facilities of non-nuclear powers. The UN agreements with specialized agencies provide for the obligation of the latter to submit to the UN reports on the measures taken to implement the UN recommendations (for example, Article IV of the Agreement between the UN and UNESCO of December 6, 1946). The UN, analyzing these reports, can, of course, make appropriate submissions to a specialized agency.

Finally, in international organizations, special bodies are often created to monitor how the agreements concluded within the international organization are being implemented (see Article IX of the Convention on the Suppression and Punishment of the Crime of Apartheid of December 30, 1973, on the creation of the Committee on human rights group to consider reports submitted by member states) or decisions adopted by organizations (an example is the Special Committee on Decolonization, established by the UN General Assembly in 1961 to review the implementation of the provisions of the Declaration of December 14, 1960).

International legal sanctions that can be applied by international organizations can be subdivided into two groups: a) sanctions, the application of which is permissible by all interstate organizations; b) sanctions, the authority to apply which have strictly defined organizations.

Among the sanctions of the first group, the following can be named: suspension of rights and privileges arising from membership in international organizations (deprivation of the right to vote in the bodies of organizations; the right to representation in the bodies of organizations; the right to receive assistance and services); expulsion from the organization; denial of membership; exclusion from international communication on certain issues of cooperation. International law. Textbook for universities. / Otv. ed. G.V. Ignatenko, O. I. Tiunov. - M., 2004.

The granting of the right to enforce sanctions of the second group entirely depends on the goals performed by this organization, on the functions that are entrusted to it. So, the tasks of maintaining international peace and security demanded to authorize the UN in the face of the Security Council to apply coercive measures in the cases specified in the UN Charter, up to the use of armed forces (Articles 41, 42 of the UN Charter). When implementing safeguards, the IAEA is allowed (if the rules for operating nuclear facilities are grossly violated) to apply so-called “remedial measures”, including the possibility of submitting orders to states to suspend the work of the relevant enterprises.

CONCLUSION

The legal personality of international organizations differs from the legal personality of states. This difference concerns: a) the source (origin) of legal personality; b) the nature and content (volume) of legal personality; c) ways of termination of legal personality. Difference in the source (origin) of legal personality. States are subjects of international law ipso facto (lat.). They (this often happens as a result of the development of internal processes) acquire this property from the moment of their inception and regardless of the will of other actors already existing in the international arena. The legal personality of states follows from the very essence of the state as a sovereign entity. States, if viewed in relation to the legal personality of an international organization, are “primary” subjects (they are often called “typical”, “ordinary”, “basic”, “primordial”). The legal personality of international organizations is always of contractual origin.

Its source is the constituent acts of the organization, that is, international treaties concluded by states. Consequently, the legal personality of an international organization is derived from the legal personality of the "primary" (sovereign) subjects. And in this sense, it can be argued that international organizations are derivative subjects of international character.

The legal personality of states is universal. It is not limited to any one or several areas of international legal relations and is universal in nature. This also applies to the scope of legal personality. States are capable of performing any lawful international action. They are full subjects of international law.

The legal personality of international organizations is functional in nature. The vesting of an international organization with rights and obligations depends on its goals and their scope cannot exceed the functional needs of the organization. The ability to perform international actions is limited by the specified framework and is recorded in the constituent act and the documents supplementing it. The scope of this ability may differ from one international organization to another.

The legal personality of the state not only arises, but also ceases together with the state itself. Just as international legal recognition does not create a state-subject of international law, the statement of the fact of the termination of the existence of states from outside, other states cannot have a constitutional value.

The existence of the legal personality of international organizations depends entirely on the will of the member states. States create an international organization, giving it the quality of a subject of law, states (and only they) are able to liquidate it.

Thus, an international organization, even as a subject of international law, cannot claim an equal status with states within the framework of the international legal system. That is why international organizations can be conditionally called “limited” subjects of international law.

LIST OF USED SOURCES

Artamonova O.F. International legal personality of the European Union. // Journal of Russian law. - 2002. - No. 8.

Davletgildeev R.Sh. On the legal nature of the CIS and the Union of Belarus and Russia. // Journal of Russian law. - 2000. - No. 7.

European law. Textbook for universities. / Under total. ed. L.M. Entina. M .: Publishing house NORMA. 2000.

Malinin S.A., Kovaleva T.M. Legal personality of international organizations. // Jurisprudence. - 1992. - No. 5.

Mamedov U. Yu. International legal personality: main development trends. / Author. diss. to apply for an account. step. Ph.D. - Kazan: Kazan State. un-t., 2001.

International law. Textbook for universities. / Otv. ed. G.V. Ignatenko, O. I. Tiunov. - M., 2004.

Theory of Government and Rights. Course of lectures. / Under. ed. N.I. Matuzova, A.V. Malko. - M .: Jurist, 2007.

Tunkin G.I. The theory of international law. / Under. total ed. Shestakova N.L. - M .: Zertsalo, 2004.

Feldman D.I. Kurdyukov G.I. The main trends in the development of international legal personality. - Kazan: Publishing house of Kazan University., 1974.

Shibaeva E. A. Legal status of intergovernmental organizations. - M .: Jurid. lit., 1972.

Shibaeva E.A. On the question of the supranational nature of universal international organizations. // Soviet journal of international law. - 1992. - No. 4.

Shumsky V.N. Organizational and legal foundations of the Commonwealth of Independent States: the experience of comparative analysis. // State and law. - 1998. - No. 11.

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International organizations, as a general rule, have legal personality both under international law and under the internal law of the member states. Their international legal personality is determined by the charter and international law. Having stated that an international organization has legal personality, the International Court of Justice defined it as “the ability to possess international rights and bear international obligations”. At the same time, the Court pointed out the difference between the legal personality of an organization and the legal personality of the state: “Subjects of law in any legal system are not necessarily identical in nature and in the scope of their rights; however, their nature depends on the needs of the community ”.

The national legal personality of organizations is determined by their statutes and the internal law of the member states. They can usually conclude contracts, own and dispose of movable and immovable property, and initiate legal proceedings.

Often, the constituent acts of organizations contain special provisions on this issue. In the multilateral agreement on the International Telecommunications Satellite Organization (INTELSAT) 1971, we read that:
a) INTELSAT has legal personality. She takes full advantage of the legal capacity necessary to carry out her functions and achieve her goals, including the ability to:
i) conclude agreements with states or international organizations;
ii) enter into contracts;
iii) acquire and dispose of property;
iv) be a party to the proceedings.
v) Each member shall take such measures within its jurisdiction as are necessary for these provisions to come into force in accordance with its own legislation.

Since the international legal personality of organizations has already been considered in the General part of the textbook, here we will touch on only a few additional points. Organizations participate, within the limits of their competence, in diplomatic relations. A number of organizations have permanent missions of states, in turn, organizations send their missions to states.

Organizations are involved in activities for the recognition of states and governments. Legally, this is the prerogative of states, but admission to an organization is a direct path to recognition, which is sometimes even more important than recognition by individual states.

As we already know, organizations are usually created with the help of international treaties, on an exceptional basis - with the help of resolutions of other organizations. The states that have entered into such a treaty are referred to as the original participants. However, their legal status does not differ from that of new members.

Organizations are also liquidated by agreement of the members. It is noteworthy that the process of creating new organizations is ongoing, and cases of liquidation are a rare occurrence. As an example, we can point to the liquidation of the Warsaw Pact Organization in 1991 by agreement of the member states.

In connection with the liquidation of the organization, the question of succession arises. Usually assets and liabilities are distributed pro rata between former members... This was the case when the Council for Mutual Economic Assistance was liquidated in 1991. If one organization is replaced by another, then the new organization is the legal successor. This succession took place during the liquidation of the League of Nations and its replacement by the UN in 1946. The latter assumed the fulfillment of a number of functions of the League, and according to an agreement concluded between them, the League's property passed to the UN.

As for legal personality under domestic law, it cannot be absent. The organization inevitably enters into legal relations on the territory of states (purchase of goods and services, rent, property, labor relations, etc.). An analysis of the judicial practice of states shows that the legal personality of an organization is recognized even on the territory of states that are not members of it. By concluding a deal, the organization bears civil liability in the same way as usual entity... She is also liable for non-contractual obligations, for example as a result of a traffic accident.

This responsibility can be difficult to fulfill due to the organization's immunity. In such cases, it should waive the immunity it enjoys in order to exercise its functions. The organization must not obstruct the administration of justice. But if there is no such refusal, then the matter is decided at the diplomatic level. An organization can be sued at the international level in accordance with international law.

The legal personality of an international organization includes the following elements:

a) legal capacity, i.e. the ability to have rights and responsibilities;

b) legal capacity, i.e. the organization's ability to exercise rights and obligations through its actions;

c) the ability to participate in the process of international lawmaking;

d) the ability to bear legal responsibility for their actions.

Criteria for legal personality international organizations:

Recognition of the quality of an international personality by subjects of international law. This criterion is that member states and relevant international organizations recognize and undertake to respect the rights and obligations of the relevant intergovernmental organization, its competence, terms of reference, and to grant the organization and its employees privileges and immunities.

The presence of separate rights and obligations. The meaning of this criterion for the legal personality of MMPOs means their specific feature: MMPOs have rights and obligations that differ from the rights and obligations of states and can only be exercised at the international level.

The right to freely exercise their functions - each MMPO has its own constituent act, rules of procedure, financial rules and other documents, which together constitute the internal law of the organization.

The right to conclude contracts - when exercising its powers, MMPO has the right to conclude agreements of a public law, private law or mixed nature. Every international organization has the right to conclude an international treaty.

Participation in the creation of international law. The law-making process within the framework of an international organization is understood as activities aimed at creating legal norms, as well as their further improvement, amendment or abolition.

The right to enjoy privileges and immunities. The main purpose of privileges and immunities is to ensure the normal practice of any international organization.

The right to enforce the norms of international law. The existence of such a right in MMPO testifies to the independent character of organizations in relation to the member states and is one of the important signs of legal personality.

International legal responsibility. Acting on the international arena as independent entities, MMPOs are subjects of international legal responsibility. MMPOs can bear both political and material responsibility.

3. United Nations: history of creation, legal status and principal organs.

The first step towards the creation of the UN was the Allied Declaration, signed in London on June 12, 1941, in which the Allies pledged to "work together with other free peoples, both in war and in peace."

On August 14, 1941, President of the United States of America Franklin Delano Roosevelt and Prime Minister of the United Kingdom of Great Britain and Northern Ireland (United Kingdom) Winston Churchill signed a document in which they proposed a set of principles for international cooperation in maintaining peace and security. The document is known as the Atlantic Charter.

On January 1, 1942, representatives of 26 allied states that fought against the Axis countries signed the United Nations Declaration, in which they declared their support for the Atlantic Charter. This document was the first to use the name "United Nations" proposed by President Roosevelt.

On February 11, 1945, after a meeting in Yalta (Yalta Conference), Roosevelt, Churchill and Stalin declared their determination to establish "a universal international organization for the maintenance of peace and security."

On October 24, 1945, the UN Charter was ratified by the five permanent members of the Security Council, by most of the other signatory states and entered into force. Thus, the United Nations was created, October 24 became the day of the United Nations.

Objectives, goals and principles of the UN found their confirmation in the Charter of the organization, signed on June 26, 1945.

UN members there may be peace-loving states that will assume the obligations contained in the Charter, and which, in the opinion of the UN, can and are willing to fulfill these obligations. The original members of the UN were 51 states.

UN Charter to the number principal organs includes the General Assembly, the Security Council, the Economic and Social Council, the Trusteeship Council, the International Court of Justice and the Secretariat.

General Assembly- UN sessional body - consists of representatives of all member states. The General Assembly has the right to discuss any issues within the competence of the UN. It is authorized to consider general principles of international cooperation in the maintenance of peace and security, including the problem of disarmament. However, any issue on which action is required before and after discussion by the General Assembly should be referred to the Security Council, since it is the only UN body authorized to decide on such action.

A regular session of the General Assembly is held once a year. As necessary, special sessions of the General Assembly may also be held, convened by the Secretary General at the request of the Security Council or the majority of the UN members. At sessions, each UN member may be represented by a delegation of no more than five delegates and five alternates, each delegation having one vote.

At each regular session, seven main committees are created, in the work of which representatives of all UN member states can participate.

The General Assembly at its sessions adopts decisions, decisions and recommendations.

Security Council is the most important permanent body of the UN, consisting of 15 members: 5 of them - Russia, USA, Great Britain, France and China - are permanent, and 10 are non-permanent, elected by the General Assembly for a period of 2 years (5 members annually).

The Security Council bears the primary responsibility for the maintenance of international peace and security. Its decisions, adopted in accordance with the established procedure, are binding on the UN member states, which are obliged to obey the decisions of the Security Council and carry them out.

The Security Council is empowered to: investigate any dispute or situation that may cause international friction, in order to determine whether the continuation of this dispute or situation may threaten the maintenance of international peace and security; make recommendations on the procedure or methods for the settlement of such disputes; develop plans for a weapons regulation system; determine the existence of a threat to the peace or an act of aggression and make recommendations on the measures to be taken; make recommendations regarding the admission of new members and exclusion from the UN; to carry out UN trusteeship functions in “strategic areas”; submit annual and special reports to the General Assembly.

Security Council decisions on procedural matters may be taken by nine votes of any Council member.

In order for the Security Council to carry out its functions of maintaining international peace and security, Member States undertake to make available to it, as necessary, military forces, assistance and appropriate facilities, including the right of passage.

Role of the UN, and in particular the Security Council, in maintaining peace and ensuring international security comes down to the implementation of the main activities:

Preventive diplomacy - these are actions aimed at preventing the emergence of disputes between the parties, preventing existing disputes from escalating into conflicts and limiting the scale of conflicts after they arise.

Peacekeeping - these are actions aimed at persuading the warring parties to an agreement, mainly through peaceful means.

Keeping the peace - it is the provision of a UN presence in a given area, which is associated with the deployment of UN military or police personnel, and often civilian personnel.

Peacebuilding in a conflict period - these are actions aimed at preventing the outbreak of violence between countries and peoples after the elimination of a conflict or conflict situation.

Economic and Social Council (ECOSOC) consists of 54 members elected by the General Assembly: 18 ECOSOC members are elected annually for a period of 3 years.

The Council aims to promote the development of international cooperation in the economic and social fields. It carries out research and prepares reports on international issues. Regular sessions are held twice a year, decisions are taken by a simple majority.

Guardianship council was created to assist the General Assembly in the implementation of the international trusteeship system. According to the UN Charter, the Trusteeship Council should include: a) the states governing the territories under trusteeship; b) permanent members of the Security Council who do not have territories under trusteeship; c) members of the Trusteeship Council, elected by the General Assembly for three years.

The main purpose of the Trusteeship Council - Achievement of self-government and independence by all trust territories either as sovereign states or through free accession to neighboring independent states.

The Council meets in sessions only when necessary.

International Court - the main judicial organ of the United Nations. The International Court of Justice acts on the basis of the UN Charter and the Statute of the International Court of Justice, which is an integral part of the Charter. Non-member states of the United Nations may also participate in the Statute of the International Court of Justice on conditions determined in each case by the General Assembly on the recommendation of the Security Council.

There can be no two citizens of the same state in the composition of the Court. Members of the Court act in their personal capacity and are not representatives of their state of nationality. They may not perform any political or administrative duties and may not devote themselves to any other occupation of a professional nature. In the exercise of their judicial duties, members of the Court shall enjoy diplomatic privileges and immunities.

The court has the right to consider specific disputes with the participation of a particular state only with its consent.

Secretariat - a permanent administrative body of the UN, consisting of the Secretary General and the necessary personnel. The Secretary General is appointed by the General Assembly on the recommendation of the Security Council for a term of 5 years and can be appointed for a new term in the same manner. The Secretariat is entrusted with the responsibility to ensure the necessary conditions for the work of other UN bodies: drawing up protocols, making oral and written translations of speeches and documents, publishing resolutions and other materials.

The Secretary General appoints and directs the staff of the Secretariat.

Along with states, international organizations are playing an increasing role in international relations. Now there are more than 500 international organizations, that is, their number has long exceeded the number of all other subjects of international law.

However, it should be noted that not all international organizations have the status of a subject of international law. By general rule, the subjects of international law are exclusively intergovernmental organizations, that is, those that are created by states. The issue of recognizing international non-governmental organizations as subjects of international law remains controversial in the future. That is why, when we talk about international organizations, we will mean only intergovernmental ones.

Since international organizations are secondary subjects of international law, their international legal personality is derived from the legal personality of states. For the first time, the question of the legal personality of international organizations arose in connection with the activities of the League of Nations, but was never resolved until its liquidation. After the Second World War, the UN was created, which again actualized the issue of the legal personality of international organizations. Therefore, when a UN employee was killed in Palestine in 1948, the organization appealed to the International Court of Justice. In its advisory opinion on Compensation for Injury in the Service of the United Nations, this authoritative judicial body confirmed that this organization has international legal personality. From this point on, most scholars believe that international organizations have international legal personality. This is confirmed in a number of international agreements. So, for example, in the Vienna Convention on the Law of International Treaties between States and International Organizations or between International Organizations of 1986, it is noted that an international organization has such legal capacity to conclude international treaties, which is necessary for the performance of its functions and the achievement of its goals. At the same time, the practice of concluding international treaties with states or among themselves must comply with their constituent acts.

The international legal personality of an international organization is based on the provisions enshrined in the constituent documents - statutes and other acts that determine its scope, based on the tasks and functions of this organization. However, it is generally recognized that at present all international intergovernmental organizations have international legal personality.

Since the scope of rights and obligations is determined by the founders at the time of creation of the organization and depends on the tasks and goals that it must fulfill, as well as the scope, the international legal personality of international organizations can differ significantly. The content of the international legal personality of international organizations can be drawn from the analysis of the relevant international rights and obligations, namely, regarding their:

Rights to privileges and immunities;

The right to create norms of international law, including the right to conclude treaties with states, international organizations, and other subjects of international law;

Rights to exchange missions with states and international organizations;

Obligations to bear international legal responsibility for their actions.

It is believed that among the operating international organizations, the UN and some of its specialized agencies have the broadest legal personality.

Among other signs that characterize international organizations as subjects of international law, it should be noted: they are created on the basis of an international legal act, as a rule, an international treaty (as an exception, we can cite the example of the OSCE, which operates without a charter); only states and other subjects of international law can be founders and participants of an international organization; the presence of permanent bodies.