Module 1:

What is international orgainstion

1.
2.
3.
4.

By whom made?
Who are its participants?
What are the functions?
Under what law they work?

International organization exist as an established trend- it came up right after the

collapse of league of nations for the creation of organizations such as UN- it helps to
solve the increasing complexities of the interdependence of the states.
Essential of International Organisations:
1. Origin is based in multilateral international agreement.
2. The institution has personality of its own which is distinct than it individual
members.
3. It has permanent organs which carry out common aims.
EC is a member of FAO and a founding member of WTO, thus it recognizes different
international organization within itself. No hard and fast rule that international
organization have to be created by the states.
International institutions encompaases both treaty organs and international
organizations.
2nd
Their existence comes into picture because of a treaty, their existence is not
brought becaue of some legal act under domicile law but under legal treaty.
Exception:
UN has created different organsation within itself- Un Industrial development
orgasination, UN children Fund ,
Orgainsation rest upon conscious decision of the states.
Status of organizations such as APEC, G7/G8 EU?

There must be distinct will- which goes to the heart of the international
organizations.
Justification of Raison De Etre.

History:
Everything started from consul- an official of a state whose task is to take care of
the citizens of a country was known to Greeks and roman
This was used for commercial matters, later ambassadors came up for full
diplomacy and further turned up embassies.
First established in 19th century-Diplomacy not sufficient- interst of several states
turned up-there was a need for finding ways to represent everyones interest.
This means was international conference- Westphalia of 1648 first example, vieena
conference, paris conference which got embodies in the treaty of versallies.
After defeat of napoleon, new turn, congress of Vienna in 1815 had seen the
intiation of the concert system, which was a significant development; this pace of
international
relations demanded for regular multilateral negotiations.
Another contribution of vieena conference of 1815 and its after math was the
addition of the novelty of the creaton of the supranational military force under the
command of the wellington.
The international conferences of hague had given a taste to the smaller states for
international activism. In 1970- Universal participation. Because of this universal
participation- organistional experiments took place, one of the them being that
recommendation ( Voeux) of the conference were now passed by the majority, not
unanimity.
Such conferences generally ended with treaty or agreement or minutes of the
conference.
Disadvantages of Ad Hoc conferences:
For each new problem a new coference had to be conevened; which in turn created
delayed or complicated international mechanism. There was rigifity in the
mechanism of working. Membership was by invitation only, no authomatic
participation.
Also as a political body, it was not competent to decide legal questiona.
The paris conference in 1856 in relating to issues of balck sea dealt with legal
wquestiona.

Then came up private union, then came public union which had multilateral
settlement.
Such institutions Rhile Commission, and after the end of the Crimean war, the
European commission. An example of the private citizens also came up in order to
deal with international issues, and thus in 1840, the world anti slavery conevtion
was established and in 1863, a swiss philanthropist henry Durant created ICRC.

Emergence and Rise:

International cooperation was considered to be necessary and possible.
Post river commissions, the area which required similar cooperation was that of
transport and road and communication.
International trelegraphic union was establisjed and by 1874 Universal lpostal union
was established; international copyright union, sugar union.
From international agriculture union to todays FAO.
AT THE END of 20th orgainsation, the twist was seen from traditional law to recent
international institutions whose main goal was to cooperate rather than just delimit
the influence of other states.

The major breakthrough in IO was in 1919 when versaillies peace settlement came
up which followed the first world war.
In January 1918 US president Wilson made his 14 point speech whih called for the
creation of a general association of nations under speicifc covenants for political
independence and territorial integrity.

This plea became the opium and led to the formation of the League of nations. And
also ILO was establsehd in 1919.
This was the frst time an institution came up which was not restricted to a particular
niche area such as commerce, trade or communication rather its conern was to
have international peace and security- attack on one state would give right the
other states to come to the rescue.

The league failed, as early as 1941 roosevelt and Churchill conceded to atlantic
charter- declaration of principles which would provide the basis for declaration for
wartime allies
In Europe: the council of Europe, also they created steel and iron community,
atomic community which later were subsumed into the EU.
The cold wa also impacted the military cooperation in EU. Western Europe saw the
creation of the Brussels and NATO
In africe the wave of independen in 1950 and 1960 made possible the
estblishement of African unity, similarly in asia came up APEC- asia pacific economic
cooperation.
There is not a part of the globe not covered by the internaitonl orgainstions , also
there are academic research which are the heart of some organizations , sich as
international council fro exploration of sea, originally set up as scientists club.

Approaches?
Rationalist: world order; application of universal moral and legal rules. Such
organization are intended to work beyond mere administrative convienience. They
are active performers.

Revolutionary: use of institutins as a means of attaining the final objective-victory of

proletrariat or rearrangement of the existing states into continenetal units.

Realism: struggle for power and supremacy, eschews any concern for the idealist
vewis. Wordl is seen as contentious and chaotic. Both the league of the nation and
UN were created to maintain the status quo established after the world wars.
Un creates balance of power by participation of the third wordl countries.
The overall attitude to such orgainsations is characthersised by cynicism as inherent
weaknesses in these orginsations is apparent.

Cooperative/ functional approach: where interdependence of the states has

impelled them to create viable organs for cooperation. More effective.

Classification based on IO:

Labels should never by substituted for analysis- as browlie points out.
Based on functions:
Some are engaged in economic field, other in peace and security/ military alliances.
Others deal with telecommunication, public health.;
Organisation of comprehensive competence and organization with limited
comptenece.
Other institutions for adjudications such as PCIJ

Based on membership:
Some are global- all are inited to join, example UN, WHO, WTO and some are
regional- LIMITED comptentce, and restricted to a particular geographic area which
means that membership is allowed only from that particular region. Such as
European Union open for European states, no asian state can join African unity.

OPEC limited organization but its membership expands the globe, middle east, latin
America and Africa.
Similarly is the OECD- Organization for economic cooperation and development.
Also is the NATO which includes members from western and southern Europe and
US and canda as well.

Kind of contracting parties: Whether treaty beteen states or between governments?

Similr to the distinction between federation and a confederation.
Inter state treaty embraces the totality ofhte states institution, its legislative,
judicial machinery as well as administrative
Where as inter-governmental only attracts admisntrative wing.
IMF- inter govt whereas FAO is inter state.
Its easier for a state to accept inter-govt contract in view of the ocnstituional
provisions.
Supranational or Intergovernmental?

The power to bind other members who do not have any such powers- this is an
attribute of a particular organ rather than whole organization- only one such
organization EC.
Only by majority voting can member states be bound, secondly the EU law will
supersede the domestic laws. 3rdly the law of the EC might be effective in the
member state against his or her own govt. that is why we say some member states
have transferred their sovreignity to the EC and it is in this sense that the EC stands
above member states and thus the word- supranational.
In the case of inter govt-the binding law decisions can only be taken by unanimity,
such rule does not directly work in the domestic system and most importantly that
themember states are not pre-empted from legislating. Here then the orginsationsa
does not rise above its member states and thus remains inter govt.