1. What are the common features of the institutional structure and functioning of international organizations? Flashcards
How and why grew the importance of international organizations?
The treaty of Westphalia created the modern nation-states arrangement of the international system. After realizing the necessity of cooperation, international organizations became indispensable. In a globalised world they facilitate cooperation across state frontiers, allowing for the identification, discussion and resolution of difficulties in a wide range of subjects, from peacekeeping and peace- enforcement to environmental, economic and human rights concerns. The first IO in the classical sense was the League of Nations.
International organizations aren’t necessary subjects in the international community, the system could work without them, but they are pretty useful and hurt no one. Their creation is on a voluntary basis, and the powers transferred to them are also based on the consent of the founding states. All of them are subject to international law.
Def: intergovernmental organisations which are institutionalised platforms for cooperation between states.
What can be the purposes?
From these there are technical ones (dedicated for a certain issue) and political ones (hosting cooperation on a wide range of issues) plus I believe that there are mixed ones (like NATO which defines itself as a political and military organization).
How are they established?
These organizations are established by international treaties, inter-governmental agreement or instruments governed by international laws, therefore each possess an objective international legal personality. Each owns their particular objective e.g. peacekeeping, peace-enforcement to environmental, economic and human rights concern.
What all int’l orgs feature a structure of?
- HQ - a physical building for the main functions, other branches might be located elsewhere
- Membership - founding members + later accessed members. Preconditions for becoming a member are set by the funding treaty or by the member states.
- Objectives - declared in the founding treaty
- Organs - at least one principal organ to run the org., but can include a plenary body, an executive body, and a secretariat.
What are 4 functional characteristic that most int. orgs posess?
- Territoriality - sum of the member states’ territory —» especially important if the org gives some additional benefit e.g. EU passport, NATO extended nuclear umbrella
- Sovereignty - primacy of the org-s law in member states - int’l orgs provide a platform for states without asking them to transfer sovereignty, legal personality of the org
- Legitimacy - external legitimacy: international community’s recognition - they are based on treaties between states, internal legitimacy: members adherence to the org’s law (which by nature cannot contradict the int’l law) - noncompliance would bring the state’s membership into question
- Monopoly of governance - only in orgs where member states have transferred competences. The EU and the UNSC are the ones possessing the power to adapt binding acts, but the “liceity effect” is pretty common - cooperation in good faith is expected/given word obliges. Some int’l orgs. adopt a quasi-judicial approach to decision implementation e.g. WTO