Organization established by treaty between governments
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]
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]
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]
Worldwide or global organizations – generally open to nations worldwide as long as certain criteria are met: This category includes the United Nations (UN) and its specialized agencies, the
World Health Organization, the
International Telecommunication Union (ITU), the
World Bank, and the
International Monetary Fund (IMF). It also includes globally operating intergovernmental organizations that are not an agency of the UN, including for example: the
Hague Conference on Private International Law, an operating intergovernmental organization based in
The Hague that pursues the progressive unification of
private international law; the
International Criminal Court that adjudicates crimes defined under the
Rome Statute; and the
CGIAR (formerly the Consultative Group for International Agricultural Research), a global partnership that unites intergovernmental organizations engaged in research for a food-secured future.
Educational organizations – centered around tertiary-level study.
EUCLID University was chartered as a university and umbrella organization dedicated to sustainable development in signatory countries. The United Nations has founded multiple universities, notably the
United Nations University and the
University for Peace, for research and education around issues relevant to the UN, such as peace and sustainable development. The United Nations also has a dedicated training arm: the
United Nations Institute for Training and Research (UNITAR).
Health and Population Organizations – based on common perceived health and population goals. These are formed to address those challenges collectively, for example, the intergovernmental partnership for population and development Partners in Population and Development.
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]
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:
Economic rewards: In the case of the
North American Free Trade Agreement (NAFTA), membership in the free trade agreement benefits the parties' economies. For example, Mexican companies are given better access to
U.S. markets due to their membership. External actors can also contribute to economic rewards and fuel the attractiveness of IGOs - notably for developing countries. For example, external donor funding from the European Union to IGOs in the Global South.[13]
Political influence: Smaller countries, such as
Portugal and
Belgium, who do not carry much political clout on the international stage, are given a substantial increase in influence through membership in IGOs such as the
European Union. Also for countries with more influence such as
France and
Germany, IGOs are beneficial as the nation increases influence in the smaller countries' internal affairs and expanding other nations dependence on themselves, so to preserve allegiance.
Security: Membership in an IGO such as
NATO gives security benefits to member countries. This provides an arena where political differences can be resolved.
Democracy: It has been noted that member countries experience a greater degree of democracy and those democracies survive longer.
Reasons for rejecting membership:
Loss of
sovereignty: Membership often comes with a loss of state sovereignty as treaties are signed that require co-operation on the part of all member states.
Insufficient benefits: Often membership does not bring about substantial enough benefit to warrant membership in the organization.
Attractive external options: Bilateral co-operation with external actors or competing IGOs may provide more attractive (external) policy options for member states. Thus, powerful external actors may undermine existing IGOs.[13]
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]
United Nations agencies and related organizations
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]
History
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).
Expansion and growth
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]
^Parish, Matthew (2010). "An essay on the accountability of international organizations". International Organizations Law Review. 7 (2): 277–342.
doi:
10.1163/157237410X543332.
SSRN1651784.
^Heitz, André (November 2005).
"UN Special number 645". Archived from
the original on 19 October 2013. The French court said... The right to a day in court prevails over jurisdictional immunity
^
abReinisch, August; Weber, Ulf Andreas (2004). "In the shadow of Waite and Kennedy – the jurisdictional immunity of international organizations, the individual's right of access to the courts and administrative tribunals as alternative means of dispute settlement". International Organizations Law Review. 1 (1): 59–110.
doi:
10.1163/1572374043242330.
Pdf.Archived 2013-10-19 at the
Wayback Machine
^Nations, United.
"Our Work". United Nations. Retrieved 7 May 2022.
^Alesani, Daniele (17 December 2013). "International Institutions. Classification and main characteristics". Management of International Institutions and NGOs: Frameworks, practices and challenges. Routledge. p. 24.
ISBN9780415706650.
Barnett, Michael and Finnemore, M. 2004. Rules for the World: International Organizations in Global Politics. Cornell University Press.
Hurd, Ian. 2018. International Organizations: Politics, Law, Practice. Cambridge University Press.
Lall, Ranjit. 2017. "Beyond Institutional Design: Explaining the Performance of International Organizations." International Organization 53: 699–732.
Lall, Ranjit. 2023. Making International Institutions Work: The Politics of Performance. Cambridge University Press.
Lavelle, Kathryn C. (2020): The Challenges of Multilateralism. Yale University Press. ISBN 9780300230451.
Muntschick, Johannes, ed. (2022): Regionalism in Africa and External Partners. Uneven Relationships and (Un)Intended Effects. Cham: Palgrave.
doi:
10.1007/978-3-031-10702-3.
Claude, Inis L. Jr. (1964) [1959]. Swords into Plowshares: The problems and progress of international organization (3rd ed.). New York: Random House.
OCLC559717722.
Datasets:
Pevehouse, Jon C.W., Timothy Nordstron, Roseanne W McManus, Anne Spencer Jamison, "Tracking Organizations in the World: The Correlates of War IGO Version 3.0 datasets", Journal of Peace Research.
Roger, Charles., Sam Rowan, "The New Terrain of Global Governance: Mapping Membership in Informal International Organizations.", Journal of Conflict Resolution, 67 (6): 281–310.
Lundgren, Magnus; Squatrito, Theresa; Sommerer, Thomas; Tallberg, Jonas (2023). "Introducing the Intergovernmental Policy Output Dataset (IPOD)". The Review of International Organizations.
Eilstrup-Sangiovanni, Mette (2021-03). "What kills international organisations? When and why international organisations terminate". European Journal of International Relations. 27 (1).