 |
|
TEXT 3. INTERGOVERNMENTAL ORGANIZATIONS (IGOS)
Part I
The term intergovernmental organization (IGO) refers to an entity created by treaty, involving two or more nations, to work in good faith, on issues of common interest. In the absence of a treaty an IGO does not exist in the legal sense. IGOs that are formed by treaties are more advantageous than a mere grouping of nations because they are subject to international law and have the ability to enter into enforceable agreements among themselves or with states.
Intergovernmental organizations are an important aspect of international public law. Intergovernmental organizations in a legal sense should be distinguished from simple groupings or coalitions of states, such as the G8 or the Quartet. 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 organization and instead rely purely on the parties for their administration becoming legally recognized as an ad hoc[9] commission. Other treaties have established an administrative apparatus which was not deemed to have be granted international legal personality.
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 organization and instead rely purely on the parties for their administration becoming legally recognized as an ad hoc commission. Other treaties have established an administrative apparatus which was not deemed to have be granted international legal personality.
Intergovernmental organizations differ in function, membership and membership criteria. They have various goals and scopes, often outlined in the treaty or charter. Some IGOs developed to fulfil a need for a neutral forum for debate or negotiation to resolve disputes. Others developed to carry out mutual interests in a unified form.
Common stated aims are to preserve peace through conflict resolution and better international relations, promote international cooperation on matters such as environmental protection, to promote human rights, to promote social development (education, health care), to render humanitarian aid, and to economic development. Some are more general in scope (the United Nations) while others may have subject-specific missions (such as Interpol or the International Organization for Standardization and other standards organizations). Common types include:
· 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 Universal Postal Union, Interpol, the World Trade Organization (WTO), the World Customs Organization (WCO), and the International Monetary Fund (IMF).
· Regional organizations - open to members from a particular region (-s) or continent (-s) of the world. This category includes the Council of Europe (CoE), European Union (EU), NATO, OSCE, African Union (AU), Organization of American States (OAS), Association of Southeast Asian Nations (ASEAN), Arab League, and Union of South American Nations.
· Cultural, linguistic, ethnic, religious, or historical organizations - open to members based on some cultural, linguistic, ethnic, religious, or historical link. Examples include the Commonwealth of Nations, La Francophonie, Community of Portuguese Language Countries, Latin Union, or Organization of the Islamic Conference.
· Economic organizations - based on economic organization. Some are dedicated to free trade, the reduction of trade barriers (the World Trade Organization) and International Monetary Fund. Others are focused on international development. International cartels, such as the Organization of Petroleum-Exporting Countries (OPEC), also exist. The Organization for Economic Co-operation and Development was founded as an economics-focused organization. An example of a recently-formed economic IGO is the Bank of the South.
Part II
Intergovernmental organizations, also known as international governmental organizations (IGOs), is the type of organization most closely associated with the term 'international organization'. These are organizations that are made up primarily of sovereign states (referred to as member states). Notable examples include the United Nations (UN), Organization for Security and Co-operation in Europe (OSCE), Council of Europe (CoE), European Union (EU) and World Trade Organization (WTO). The UN has used the term "intergovernmental organization" instead of "international organization" for clarity.
The Organization for Security and Co-operation in Europe (OSCE) is the world's largest security-oriented intergovernmental organization. Its mandate includes issues such as arms control, human rights, freedom of the press and fair elections. Most of its 3,500 plus staff are engaged in field operations, with only around 10% in its headquarters.
The OSCE is an ad hoc organization under the United Nations Charter (Chap. VIII), and is concerned with early warning, conflict prevention, crisis management and post-conflict rehabilitation. Its 56 participating states are in Europe, the Caucasus, Central Asia and North America and cover most of the northern hemisphere. It was created during the Cold War era as an East-West forum.
The Council of Europe (French: Conseil de l'Europe) is one of the oldest international organizations working towards European integration, having been founded in 1949. It has a particular emphasis on legal standards, human rights, democratic development, the rule of law and cultural co-operation. It has 47 member states with some 800 million citizens. It is distinct from the European Union (EU) which has common policies, binding laws and only twenty-seven members. The two do however share certain symbols such as their flag.
Its statutory institutions are the Committee of Ministers comprising the foreign ministers of each member state, the Parliamentary Assembly composed of MPs from the Parliament of each member state, and the Secretary General heading the secretariat of the Council of Europe. The Commissioner for Human Rights is an independent institution within the Council of Europe, mandated to promote the awareness of and respect for human rights in the member states.
The most famous conventional bodies of the Council of Europe are the European Court of Human Rights, which enforces the European Convention on Human Rights, and the European Pharmacopoeia Commission, which sets the quality standards for pharmaceutical products in Europe. The Council of Europe's work has resulted in standards, charters and conventions to facilitate cooperation between European countries and further integration.
The seat of the Council of Europe is in Strasbourg, France with English and French as its two official languages. The Committee of Ministers, the Parliamentary Assembly and the Congress also use German, Italian, and Russian for some of their work.
The European Union (EU) is an economic and political union of 27 member states which are located primarily in Europe. Committed to regional integration, the EU was established by the Treaty of Maastricht in 1993 upon the foundations of the European Communities.
The EU has developed a single market through a standardised system of laws which apply in all member states, and ensures the free movement of people, goods, services, and capital, including the abolition of passport controls by the Schengen Agreement[10]. It maintains common policies on trade, agriculture, fisheries and regional development. Sixteen member states have adopted a common currency, the euro, constituting the eurozone.
As a legal personality the EU is able to conclude treaties with countries and enacts legislation in justice and home affairs. It has devised the Common Foreign and Security Policy, thus developing a limited role in European defence and foreign policy. Permanent diplomatic missions of the EU are established around the world and representation at the WTO, G8, G-20 and the United Nations is maintained.
Important institutions of the EU include the European Commission, the Council of the European Union, the European Council, the Court of Justice of the European Union, and the European Central Bank. The European Parliament is elected every five years by EU citizens.
The EU traces its origins from the European Coal and Steel Community formed among six countries in 1951 and the Treaty of Rome formed in 1957 by the same states. Since then, it has grown in size through enlargement, and in power through the addition of policy areas to its remit. The last amendment to the constitutional basis of the EU came into force in 2009 and was the Lisbon Treaty, by virtue of which the Charter of Fundamental Rights of the European Union was elevated to legally binding status.
The World Trade Organization (WTO) is an organization that intends to supervise and liberalize international trade. The organization officially commenced on January 1, 1995 under the Marrakech Agreement, replacing the General Agreement on Tariffs and Trade (GATT), which commenced in 1948. The organization deals with regulation of trade between participating countries; it provides a framework for negotiating and formalizing trade agreements, and a dispute resolution process aimed at enforcing participants' adherence to WTO agreements which are signed by representatives of member governments and ratified by their parliaments. Most of the issues that the WTO focuses on derive from previous trade negotiations, especially from the Uruguay Round (1986-1994).
The organization is currently endeavouring to persist with a trade negotiation called the Doha Development Agenda (or Doha Round), which was launched in 2001 to enhance equitable participation of poorer countries which represent a majority of the world's population. However, the negotiation has been dogged[11] by "disagreement between exporters of agricultural bulk commodities and countries with large numbers of subsistence farmers on the precise terms of a 'special safeguard measure' to protect farmers from surges in imports. At this time, the future of the Doha Round is uncertain."
The WTO has 153 members, representing more than 97% of total world trade and 30 observers, most seeking membership. The WTO is governed by a ministerial conference, meeting every two years; a general council, which implements the conference's policy decisions and is responsible for day-to-day administration; and a director-general, who is appointed by the ministerial conference. The WTO's headquarters is at the Centre William Rappard, Geneva, Switzerland.