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CONCEPTS OF TYPES AND KINDS OF INTERNATIONAL ORGANIZATIONS, THE UN

/. Concept of types and kinds of international organizations The international organizations are the form of co-operation of states in multilateral diplomacy. The international intergovernmental organization represents the association of states founded on the basis of the international treaty for achievement of common aims, having constant bodies and working in general interests of the states - members, at respect of their sovereignty. The interstate organizations in its turn are subdivided into the organization of general and special competence. The organizations of the general competence mention all spheres of


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relations between the states - members: political, economic, social and cultural (for example, the UN, Organization of the African Unity etc.). The organizations of the special competence cooperate in one area, for example, only in political, social, economic and cultural (Universal Postal Union, World Trade Organization etc.).

They may differ on the character of their powers; interstate, non-state and international organizations. The interstate organizations are subdivided into open (any state can become a member) and closed (the reception of members is made by the invitation of the initial founders). An example of the closed organizations is the military blocks such as NATO.

2. The United Nations Organization (the UN)

The UN refers to universal international organizations created for maintenance of peace and international security. The UN charter was signed on June 26,1945 at the San Francisco conference and came into force on October 24/1945. This date is annually marked by all UN member-states. On 15.09.1999 the members of the UN are 188 states of the world.

The UN charter formulates its aim by the following;" (1) To support international peace and security and with this purpose to accept effective collective measures for prevention both elimination of the threat to peace and suppression of acts of aggression or other infringements to peace and to carry out by peaceful means, in the consent with principles of validity and international law, settlement either sanction of the international disputes or situations, which can result in infringement of peace; (2) To develop friendly relations between the peoples on the basis of respect of principles of equality and self-determination of the peoples and also to accept other appropriate measures for strengthening of general peace: (3) To carry out international co-operation in the settlement of the international problems of economic, social, cultural and humanitarian character and in encouragement and development of the respect to human rights and basic freedom for everybody, without distinction of race, sex, language and religion; (4) To be the center for the co-ordination of actions of nations in achievement of these general purposes".


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The General Assembly (GA)is consultative representative body, in which all UN member-states are submitted. The General Assembly is allocated by number of functions in consideration of main problems of global policy: strengthening of international peace, mitigation of international intensity, reductions of arms and disarmament, creation of conditions for development of friendly relations and co-operation between the states in various areas.

Under the working rules each member of the General Assembly has one vote. The General Assembly accepts the decisions on the maintenance of peace and security, elects the changeable members of the Security Council and ECOSOC, the Trusteeship Council, receives new UN members, excludes the UN members and adopts budget by the majority in two third of UN members present. The discussion, preparation of the resolutions and decisions on separate questions are carried out at the General Assembly plenary sessions and its main committees. During regular session of the General Assembly (GA) the sessions of the GA plenary meetings, the General Committee, the Committee on checking of powers and six Main Committees: First Committee - disarmament and international security. Second Committee - economic and financial questions, Third Committee - social, humanitarian and cultural questions, Fourth Committee - special political questions and decolonization, Fifth - administrative and budget questions and Sixth - legal questions will be carried out.

The General Assembly receives and considers reports from the other organs of the UN. It elects the 10 non-permanent members of the Security Council, 54 members of the Economic and Social Council and some members of the Trusteeship Council. Together with the Security Council, but voting independently, it elects the members of the International Court of Justice, It also appoints the Secretary General on the recommendation of the Security Council. It considers and approves the regular budget of the UN and apportions the expenses among members. The UN non-members, having the constant observers at the UN; can take parr in the work of the GA (Vatican, Switzerland) and not having the constant representatives. Besides it Organization of Liberation of Palestine and number of international organizations (specialized establishments of the UN, OAS, EU, CIS etc.) have received


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the right to participate as the observers. The Republic of Kazakhstan is the UN member since May 2,1992.

The Security Council(SC) is the UN constantly working body. It consists of 15 members, five of whom are constant (Great Britain, China, Russia, the USA, France), and others 10 members are changeable and selected in the Council according to the procedure stipulated by the Charter. The non-constant members of the Security Council are selected by the UN GA.

The main responsibility for maintenance of peace and security is assigned to the Security Council. It defines presence of any threat to theworld, infringement of peace or act of aggression. The Security Council gives the recommendations on measures, which should be undertaken for restoration of peace and security.

Decisions on procedural matters are made by affirmative vote of any nine members of the Security Council. For acceptance of the decisions on all other matters it is required not less than nine votes, including concurring votes of all constant members. Non-participation (abstention) in voting of the constant members is not considered as the veto.

The Security Council since the first days of its existence gave attention to problems of an establishment of actual circumstances of disputes and conflicts, investigation of the reasons and actual side of military collisions between the states, directing special missions. For these purposes the military observers were directed for the performance of demands on cease fire, conditions of the peace agreement, political settlement etc. Such missions were directed to Palestine, Lebanon, Uganda,and Tajikistan etc. Here it is pertinently to mention the use of preventive diplomacy by the Security Council.

Last years the Security Council uses the compulsory sanctions of economic, political, diplomatic, financial character not connected with the use of armed forces. The purpose of these sanctions is to induce the appropriate states to stop or to refrain from actions representing threat to peace.

The Economic and Social Council (ECOSOC)consists of 54 members, which are selected by the GA for the period of three years (the geographical distribution of seats). The decisions of ECOSOC are


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accepted by the simple majority of votes present and participating in voting. The function of this organization is drawing up of the reports on the international problems in the field of economic, social, culture, education, health and related matters and to give some recommendations to the GA, the UN members and interested specialized establishments.

According to the UN Charter, ECOSOC has the right to create commissions in economic and social areas and on observance of human rights. Now ECOSOC has 9 functional commissions: statistical, population and development, the human rights, the status of women, narcotic drugs, prevention of criminality and criminal justice. Besides that under the management of ECOSOC there is a number of special committees: on program and co-ordination, on population items, on non-governmental organizations and on negotiations with intergovernmental organizations.

The Trusteeship Councilbelongs to the UN main bodies, created from the very beginning of its activity. For all years the activity of the Trusteeship Council promoted trust territories to gain their state independence and realization of the integral right of the peoples on self-determination. The rapid period of decolonization resulted in several changes in the composition of the Council between 1960 and 1968. It is necessary to mention that the Minister of foreign affairs of Kazakhstan SSR Tulegen Tajibaev, being the member of the USSR delegation in the United Nations twice at the second half of 1950s, took part at the activity of the Trusteeship Council.

In 1994 the Secretary-General recommended in the annual report on the work of the organization, that the General Assembly should proceed with steps to eliminate the organ, in accordance with the article 108 of the UN Charter.

The International Court of Justice (IC J)is the principal judicial organ of the UN. According to the UN Charter all members of this organization are ipso facto (by virtue of the fact) the participants of the Status of the International Court.

The International Court consists of 15 judges irrespective of a citizenship. There should not be two citizens of the same state in the Court. The members of the Court are selected by theGA and the Security Council independently from each other on 9 years.


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The ICJ principle function is to decide, in accordance with international law, such cases as are submitted to it by the states. The ICJ is directed by international conventions; establishing rules expressly recognized by the contesting states; international custom, as evidence of a general practice accepted as law; the general principles of law, recognized by civilized nations; justice decisions and the teachings of the most highly qualified of the various nations, as subsidiary means for the determination of rules of law.

It also gives advisory opinions to the Assembly and the Security Council on any legal question, and advisory opinions on legal issues, arising within the scope of their activities, to other organs of the UN and specialized agencies, which are authorized by the Assembly to request them. The principle task of the Court consists in the resolution of the dispute between the states on the basis of international law. The consideration of the dispute is possible at the consent of two parties.

The Secretariatand the Secretary-General,directing it, play the special role in the UN structure. The Secretary-General is nominated by the General Assembly under the recommendation of the Security Council for the period of 5 years. According to the Charter the Secretary-General is the main administrative official of the UN. He supervises the work of a large number of employees of the Secretariat.

The Secretaries-General of the United Nations were Trygve Lie, Norway, installed 2 February 1946; Dig Hammarsheld, Sweden, installed 10 April 1953 (died in office 18 September 1961); U Than, Burma {now Myanmar), installed 3 November 1961; Kurt Waldheim, Austria, installed 22 December 1971; Javier Perez de Cueilar, Peru, installed 15 December 1981; Boufros Boutros-Ghali, Egypt, installed 1 January 1992. Now the UN Secretary-General is Cofl Annan, Ghana.

The Secretariat includes Under-Secretaries-General, Assistants Secretary-General and other senior officers. AH Offices are directed by the Under-Secretaries-General sometimes together with the Assistants the Secretary-General.

TheSpecialized agencies. The specialized agencies are defined in article 57 of the Charter as agencies which have been established by intergovernmental agreement and wide international responsibilities, as defined in their basic instruments, in economic, social, cultural,


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educational, health, and related fields and which have been brought into relationship with the United Nations. Under article 61, their activities may be coordinated by ECOSOC. They are separate, autonomous organizations, each with their own membership and institutions. Some are the successors to similar organizations associated with former League of Nations, some have earlier origins.

The specialized establishments are subdivided into the following groups: organizations of social character - International Labor Organization (ILO), World Health Organization (WHO); organizations of cultural and humanitarian character - the UN Educational, Scientific and Cultural Organization (UNESCO), World of Intellectual Property Organization (WIPO); economic organization - the UN Industrial Development Organization (UNIDO); financial organizations -International Bank of Reconstruction and Development (IBRD), International Monetary Fund (IMF), International Development Association (IDA), International Financial Corporation (IFC); organizations in the field of an agriculture - Food and Agriculture Organization (FAO), International Fund for Agricultural Development (IFAD); organizations of transport and communications- International Civil Aviation Organization (1CAO), The International Maritime Organization (IMO), Universal Postal Union (UPU), International Telecommunication Union (ITU); organization in the field of meteorology - World Meteorological Organization (WMO).

The International Atomic Energy Agency- IAEA is connected to the UN by an agreement.

Some others, created on the decision of the UN GA, enter into the system of intergovernmental international organizations. The UN Conference on Trade and Development (UNCTAD), the UN Development Program (UNDP), the UN Environment Program (UNEP) refer to such organizations.

There are numerous international non-governmental organizations, as the World Federation of Trade Unions, the Interparliamentary Union, the World Federation of Veterans of War, the International Organization of Lawyers-Democrats, the International Council of Scientists, the International Organization of journalists etc.


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INTERNATIONAL MEETINGS AND CONFERENCES

1. Concept of an international conference

The history of international meetings and conferences goes into the past. In the 19th century international meetings were called congresses, for example, the Vienna congress, 1815, the Akhen congress, 1818, the Prague congress, 1856. They are instead of the term "congress" the names of "international conference", "international meeting" enter into the practice from the beginning of the 20th century: the Versailles conference, 1919, Conference of three Great Powers held during the Second World War, the Prague peace conference, the Geneva meeting of the Heads of governments of four Great Powers, having held in 1955, Meeting on security and co-operation in Europe in 1972-1975.

The international conferences and international meetings are convoked not only at the highest level - Heads of states and governments. Depending on the level of the realization of the conference, which is determined by importance of problems or degree of their readiness for discussion and settlement, the delegations at intergovernmental conferences are headed by the Heads of states and governments, ministers of foreign affairs or other official persons. It is important that in any case the heads of a delegation acts on behalf of a state or a government. Intergovernmental are the form of multilateral diplomacy and one of the main means of the international negotiation.

It is possible to divide international conferences, meetings, sessions into two kinds: the international conferences being the session body of international organizations and the international conferences having independent meaning and convoking on the given concrete problem. The first kind of the international conferences usually carries the special names. It is already known - the UN General Assembly and specialized branches. Such meetings work by sessions - at next or extraordinary sessions.

Now intergovernmental conferences are subdivided according to the circle of their participants - on an universal, in which any state has the right to take part - on a regional, which participants are the states of the certain region. The intergovernmental conferences are convoked by


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international organizations or states - initiators. Depending on the purposes of convocation the intergovernmental conferences are divided into peace, political, diplomatic and special ones. The conferences are convoked for the purposes of preparation and acceptance of the international treaties, including charters of intergovernmental organizations, discussion of the certain international problems, exchange of opinions and information and also the development of recommendations in the form of declarations, programs and plans of actions.

2. Preparation and convocation of the international conferences

In each separate state the right on an offer to call international conference ot meeting belong to the bodies of external relations - Heads of a state and a government, minister of foreign affairs or diplomatic workers, specially representatives on display of the government initiative on convocation.

The group of states usually shows an initiative in the form of the offer contained in the communique' of meeting of the representatives of the given states. The offer on convocation of meeting of the representatives of All European countries on security and co-operation in Europe to the concrete form was formulated in the communique' of the countries members of the Warsaw pact and it is dispatched to the governments of European countries, the USA, Canada.

The preparation of a conference begins with definition of the purpose of its convocation and then the agenda is defined. The co-ordination of opinions of the states on the agenda of a conference, level of its representation, time and place of a realization, the rule of a procedure previously are carried out. The co-ordination of opinions of the states concerning convocation of a conference occurs by diplomatic channels or within the framework of special consultation.

The circle of the participants of a conference and the level of a representation is defined by the purposes, which are pursued by a conference. Usually at the convocation of a conference the interested states and the principle of continuity adhere principle of participation all. Some states direct their observers at a conference. These states do not wish to connect themselves by the decisions of conferences, bul are


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interested in discussed problems. Act of the observers can be only by the consent of the participants of a conference. The states, not participating in a conference, and the international organizations can present the points of view on various issues of the agenda as their contributions. Under the decision of a conference the contributions can be submitted as the statements of appropriate representatives or written messages.

Each state carries out large and various diplomatic works on preparation for the participation in a conference. The preparation is carried out through the bodies of external relations by realization of bilateral and multilateral consultations.

Complexity and diversity of tasks solved at modern conferences, the careful searches of an acceptability of the taken decisions, cause expediency of holding conferences in some stages. At the first stage the general tasks are defined. The second stage is removed on preparation of documents. At this stage breaks, for reception of additional instructions, advises, are possible. The third stage is acceptance of the documents. The level of a representation at conferences is determined by the character and the importance of examined problems.

3. Rule of procedure and order of acceptance of decisions

The rules of procedure represent the legal document, which concerns to the internal right of international organizations and conferences. Without the accepting of the rules of procedure at a conference its realization practically is impossible.

At holding of the UN conference the project of procedure is developed by the UN Secretariat. The norms of procedure rules of international conferences are subdivided into three groups. The first, group norm copied from the items of Rules of procedure of the UN General Assembly. The second - norms based on separate instructions of Rules of procedure the UN GA. The third group - developed by the UN Secretariat or by the conference itself and not having relations with the procedure rules of the UN GA. The procedure rules of the UN GA contain 163 items and five appendices and practically cover all parties of the UN activity and its auxiliary bodies.

After the final acceptance the rules of procedure by the organization


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they get final character - obligatory for observance by the participants of conferences.

The rules of the procedure regulate the certain aspects of work of conference: the order of the statement of an agenda; elections of managing bodies of a conference (chairman of a conference, his assistants, general lecturer); the order of formation of auxiliary committees both working groups and election of their chairmen; the order of formation and duty of the secretariat of a conference; establishments necessary quorum for the beginning of works; powers of the chairman and the sequence of delivering speeches; sequence of voting of procedural offers; the order of entering of proposals and amendments; the order of realization of voting; conditions of participation of observers, order of change of procedure rules.

The amendments to the document, which were taken out on voting, are put in the certain sequence. The amendments, at first and then offer are voted. The amendment considers the offer, which something adds to the initial offer or excludes some part or changes it. At the request of any delegation the amendment can be put on voting in parts (separate voting). If some parts of the offers are accepted by voting, it is necessary to put on voting as a whole. These rules of a procedure are used by states in tactical struggle for the acceptance of a document.

Languages, on which the work at the international conference is conducted, are subdivided to official and working ones. The rules of a procedure of international conferences usually provide that all diplomatic documents should be submitted by the participants of conferences for their distribution between all delegations, tiie protocols of sessions and final acts (resolutions, declarations, agreements) should be published in all official languages of a conference. In working languages the debate is conducted and the reports, the projects of documents are made.

The choice of a place and time of realization of a conference concerns to questions of the procedure and the organization of conferences. The requirements to a choice of a place of realization of a conference considerably have increased. The main requirement is high technical equipment of various modern services of a conference. Without presence of telex communications, computers automatic systems, installations


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for synchronous translation, machines for voting it is impossible to supply effective realization of the international conference. Therefore for holding conferences the cities capable to satisfy all these requirements get out.

4. Delegation of states and bodies of conferences

The structure of a delegation is determined by the rules of procedure. The structure of delegations, invited by intergovernmental organizations, is defined by the Vienna convention on representation of states in their relations with the international organizations of universal character, 1975. Each delegation represents one state and has one vote.

The management of a conference gets out among the participants. The chairman of a conference is the representative of the state, on the territory of which a conference passes or the representative of the country - initiator. The principle of rotation quite often is applied, in which the heads of delegations of all participating states carry out the duty of a chairman by turn. At conferences, held within the framework of international organizations, the questions of chairmanship are solved with conformity with political reasons, established by traditions and saved experience.

At modern intergovernmental conferences the general committee is created. The chairman, the vice-chairman of a conference, general lecturer and officials of the main committees enter into its structure. The functions of the general committee consist in the help to the chairman in a general management of the work of a conference. The general committee has to promote increase of the result of a conference.

The secretariat consists of the Secretary-General and personnel for the service of a conference. At conferences, hold by states, Secretary-General is any official of the accepting party. The personnel of the secretariat are formed among the persons recommended by the accepting party. At conferences within the framework of intergovernmental organizations, the functions of a secretariat are carried out by the secretariat of the appropriate intergovernmental organization led by its Secretary-general or his representative.

By consideration of the procedure rules of the problem concerning the character of sessions is solved. At preliminary session or at the


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beginning of a conference what there should be a session - open or closed is defined with. At the closed sessions there are only participants of a conference and at the open the representatives of a press and public are supposed. Frequently plenary sessions are open, and sessions of committees and commissions - closed.

The basic discussion takes place at plenary sessions being the supreme body of a conference and also at the sessions of committees. The committees have the right to create auxiliary working bodies, the projects of the documents of resolutions are brought at plenary sessions. The important tool of diplomatic work are the statement of the participants on separate situations of projects, order of conducting, on motives of voting to give the direction, necessary for this or that delegation, to a course of discussion.

The editorial commission is created, into which the experts of all representing languages of a conference enter for preparation of the texts of final documents.

5. International-legal acts of international conferences

The termination of international conference is made out by the final act (agreement) or protocol signed by all participants. There are other forms, for example, declarations, statements. Sometimes materials are transferred for the publication in a press.

On the results of intergovernmental conferences the acts of two kinds are issued: containing materials of the current work and summarizing materials. The protocols of sessions refer to the first group and documents of international-legal character (agreements, conventions) - to the second one.

The international treaties contain an introductory part containing the items of an information on the participants of a conference, about the aims and tasks; clauses about the obligations of the parties:, clause about validity and coming into force of the treaty (agreement); clause about the order of ratification, about a place and terms of an exchange by the ratification letters; the indication of the place both the date of signing and languages, in which the treaty {agreement) is made; the signatures and seals of the states.

The results of work of the successfully finished intergovernmental


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conference are expressed in the acts with various legal meaning and having the diversified name. The acts, which are aimed at creation of norms of international law, more often refer to conventions. The acts, which contain the recommendations to the states or intergovernmental organizations, are called as resolutions and declarations.

The diplomatic conferences are convoked for the conclusion of the multilateral conventions on various problems of the international co­operation in legal, social, economic, humanitarian and other areas. The results of negotiations during the international meetings and conferences can be fixed as the joint declaration signed by the participants of negotiations, in which in the general form, than in the treaties and agreements, the positions of the participant of negotiations are expressed and the arrangement on these or other questions is spoken about.

The modern international conferences quite often accept the various resolutions containing appeals, offers and recommendations, inverted to the states and the international organizations.


Date: 2015-12-17; view: 715


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