INTERNATIONAL ORGANIZATION: CONCEPT, RIGHTS AND DUTIES UNDER INTERNATIONAL LAW

This article is written by Vikash Kumar Raj of BBA LLB of Babasaheb Bhimrao Ambedkar University, Lucknow, an intern under Legal Vidhiya

Abstract

International organizations play a pivotal role in the contemporary global landscape, serving as essential mechanisms for international cooperation and governance. This paper explores the concept of international organizations, their rights, and duties under international law. Through a comprehensive review of relevant legal frameworks, judicial decisions, and scholarly analyses, this paper examines the legal foundations that govern the establishment, functions, and responsibilities of international organizations. It delves into the evolving nature of international organizations in the context of contemporary challenges and analyses their rights and duties vis-à-vis states and other stakeholders in the international arena.

Keywords

International Organisations, Global Peace & Security, NGOs, Policies, Arbitration and Dispute Resolution

Introduction

In the intricate web of global affairs, the concept of International Organizations (IOs) plays a paramount role in international diplomacy and governance. It was determined to set aside the concerns pertaining to international organizations’ responsibility throughout the lengthy period of time that the ‘International Law Commission’[1] studied the international responsibility of States. Spanning across diverse sectors and geographical boundaries, International Organizations represent the collective aspirations of nations to address common challenges, foster cooperation, and advance shared interests on the world stage.

At its essence, the concept of International Organizations encapsulates the recognition that many of the most pressing issues facing humanity – from climate change and global health crises to economic disparities and security threats – transcend the capabilities of individual states to tackle alone. As such, nations have established a multitude of International Organizations, ranging from the United Nations (UN) to specialized agencies like the World Health Organization (WHO) and the International Monetary Fund (IMF), to facilitate collaboration, coordination, and collective action in addressing these complex issues.

These organizations serve as platforms for dialogue, negotiation, and consensus-building among member states, providing mechanisms for dispute resolution, peacekeeping, humanitarian assistance, and the formulation of common policies and standards. By pooling resources, expertise, and political will, International Organizations play a crucial role in shaping global norms, promoting stability, and safeguarding fundamental rights and freedoms across borders.[2]

Moreover, International Organizations reflect the evolving dynamics of international relations, where interconnectedness, interdependence, and diversity characterize the modern world order. Through their diverse mandates, structures, and functions, these organizations embody the principles of multilateralism, inclusivity, and cooperation, fostering an environment conducive to peaceful coexistence and sustainable development.

Historical Overview

The history of international organizations is a complex narrative that spans centuries and reflects the evolution of global diplomacy, cooperation, and governance. While the roots of international cooperation can be traced back to ancient times through various forms of alliances and treaties, the modern concept of international organizations emerged in the 19th and 20th centuries, particularly in response to the challenges posed by warfare, economic instability, and humanitarian crises. Development of International Organisations was a rocky road, but some major events and drafts were paved by the following:

1. The Concert of Europe (1815): Following the Napoleonic Wars, European powers established the Concert of Europe[3], an informal diplomatic arrangement aimed at maintaining peace and stability on the continent. This early form of international cooperation laid the groundwork for future multilateral diplomacy.
2. The Red Cross (1863): Founded by Henry Dunant, the International Committee of the Red Cross (ICRC)[4] was established to provide humanitarian assistance during times of conflict. The Red Cross set a precedent for international organizations focused on alleviating human suffering and promoting humanitarian principles.
3. The International Telecommunication Union (1865): The ITU is one of the oldest international organizations, created to facilitate cooperation and standardization in the rapidly evolving field of telecommunications[5]. It remains a vital forum for global communication policy.
4. The League of Nations (1920): In the aftermath of World War I, the League of Nations was established as the first universal international organization dedicated to maintaining peace and resolving disputes through diplomacy and collective security measures[6]. Despite its ultimate failure to prevent World War II, the League laid the groundwork for the establishment of the United Nations.
5. The United Nations (1945): Formed in the wake of World War II, the United Nations represents the most significant and comprehensive international organization to date. With a mission to promote peace, security, development, and human rights, the UN encompasses a wide range of specialized agencies, programs, and initiatives aimed at addressing global challenges.[7]
6. The Bretton Woods Institutions (1944): The International Monetary Fund (IMF) and the World Bank were established at the Bretton Woods Conference[8] to promote international monetary stability and facilitate post-war reconstruction and development. These institutions play a central role in shaping global economic policies and addressing financial crises.
7. The European Union (1951): Initially conceived as a means of fostering economic cooperation among European countries, the European Coal and Steel Community (ECSC) laid the foundation for what would become the European Union (EU). Through successive treaties and expansions, the EU has evolved into a political and economic union with significant influence on regional and global affairs.
8. The World Trade Organization (1995): Building upon the General Agreement on Tariffs and Trade (GATT), the WTO[9] was established to promote free trade, resolve trade disputes, and negotiate multilateral trade agreements among its member states. It serves as the primary international organization governing global trade relations.

Throughout history, international organizations have played a crucial role in shaping the dynamics of global governance, fostering cooperation among nations, and addressing shared challenges. This list is much larger and longer, and many more International Organisations have been formed but dissolved soon after due to instability and conflict. While their effectiveness and influence have varied, these institutions reflect humanity’s ongoing quest for collective security, prosperity, and justice in an increasingly interconnected world.

Duties and Roles of International Organizations

International Organizations (IOs) play a pivotal role in addressing transnational challenges, fostering cooperation, and upholding the principles of international law. As agents of collective action, IOs are entrusted with a myriad of duties and responsibilities under the framework of international law, serving as custodians of peace, security, human rights, and sustainable development on the world stage. There are no specific or definite ‘Duties and Roles’ defined in any Rulebook of International Organizations, like, the Universal Declaration of Human Rights to the International Covenant on Civil and Political Rights, IOs are bound by international treaties and conventions that uphold the inherent dignity and equality of all individuals. Through monitoring mechanisms, capacity-building initiatives, and advocacy efforts, IOs work to combat human rights violations, promote rule of law, and empower marginalized communities to assert their rights and freedoms in the face of oppression and injustice.

Duties and Roles of International Organizations keeps on changing from one International Organization to another. An International Organization which focuses on providing financial assistance to under-developed countries will have a different set of rules and duties; when compared to, a politically-backed International Organization of multiple developed countries as members, here it will have a different set of Duties and Roles on the International level. Rules and Duties can be allocated in this manner:

1. Political Roles: The goal of the United Nations and a large number of other IGOs (intergovernmental organizations) is to endeavour to avert international conflict[10] or, in the event that violence breaks out, to restore peace.
2. Financial Roles: World Bank and some other IOs, tend to provide countries struggling from natural disasters, inflation, or disputes; financial assistance for getting back on their feet. These counties could pay back to these International Organisations when they are stable and at peace.
3. Promoting Arms Control and Disarmament: International organizations are concerned with conflict in general and not just specific disputes.[11] As a result, they are working to control or eradicate weapons of mass destruction on several fronts.
4. Promoting the Quality of Human Existence: The improvement of the individual human being has arguably been the field to which international organizations have made the greatest contribution to date. Numerous intergovernmental organizations (IGOs) and non-governmental organizations (NGOs) focus their efforts on environmental issues, humanitarian causes, economic development, and social issues[12] like health, nutrition, and literacy.
5. Promoting Self-Government: These International Organisations are the biggest promoter of ‘Democracy’ and ‘Sovereignty’. Promotion of Self-Governance and the representative form of government is a must-have in this modern era.
6. Recruitment for Humanitarian work: Various International Organisations, are inclined to provide help and assistance from various experts from all over the world. ‘Doctors without Borders’[13], ‘Teachers without Borders’, Military and Security and various other type of support is provided by these International Organisations. Basically, these International Organisations are mostly NGOs.
7. Articulation and Aggregation between Nations: International organizations have the capacity to amalgamate and articulate the domestic concerns of their constituents within the global framework. As a result, they unite the governments that are interested in articulating their interests in global society within a common framework. States use international organizations to articulate and aggregate their common interests onto the international political system, much like interest groups in national systems do by forming institutions, associations, and interest-groups like unions for better wages and working conditions or green peace for cleaner environments.

From the United Nations to regional bodies like the European Union and specialized agencies such as the World Health Organization, the duties of International Organizations under international law are paramount in shaping the contours of global governance and advancing the common good of humanity. At the heart of the duties of International Organizations lies the imperative to uphold and promote the principles enshrined in international law, including the maintenance of international peace and security, the protection of human rights, the promotion of economic cooperation, and the preservation of environmental sustainability. United Nations (UN) with specialized international institutions responsible for different segments of the globalization process must act democratically, with transparency, accountability, impartiality and respect for the law.

However, the duties of International Organizations under international law are not without challenges and limitations.[14] As non-state actors, IOs must navigate complex political dynamics, competing interests, and institutional constraints that often hinder their ability to fulfil their mandates effectively. Moreover, the principle of sovereignty and the sovereignty of member states, while fundamental to international law, can sometimes pose obstacles to the implementation of IO initiatives, particularly in cases were national interests’ conflict with global imperatives.

Conclusion

As the challenges confronting humanity grow increasingly complex and interlinked, the role of International Organizations becomes ever more indispensable in navigating the complexities of the 21st century. By harnessing the collective power and wisdom of nations, these organizations offer a beacon of hope and opportunity for addressing global problems, promoting global prosperity, and advancing the cause of peace and justice in an increasingly interconnected world.

The last 30 years have seen a fast growth of international organizations, which has produced a favourable climate for the application of international law. Organizations such as the United Nations have had a significant impact on national laws pertaining to human rights, environmental conservation, sustainable development, and other related topics. States no longer view themselves as protectionist but rather as part of a liberal, free trade system thanks to institutions like the World Trade Organization and the International Monetary Fund. Developing nations currently play a small part in many multilateral organizations, which contributes to the emergence of some regional organizations. Therefore, a larger role for these nations is required in these organizations.

The duties of International Organizations under international law underscore the vital role these institutions play in shaping the collective destiny of humanity. As we confront an array of interconnected challenges, the imperative to strengthen and support International Organizations in fulfilling their duties under international law has never been more urgent. Only through collective action and shared responsibility can we hope to build a more just, equitable, and sustainable world for present and future generations alike.

References

• Cassese, Antonio, International Law, New York, NY; Oxford University Press, 2005.
• Balbi, G. and Fickers, A. (2020), History of the International Telecommunication Union (ITU): Transnational techno-diplomacy from the telegraph to the Internet, Berlin, Boston: De Gruyter Oldenbourg. https://doi.org/10.1515/9783110669701
• Weiss, Thomas G, What’s Wrong With the United Nations (and How to Fix It), Cambridge; Polity Press, 2008.
• Clara Barton Papers: Red Cross File, (1957); American National Red Cross, 1878 to 1957; Incorporation; Articles of incorporation, 1881. https://www.loc.gov/item/mss119730529/.
• Annan, Kofi, We The Peoples: Role of the United Nations in the 21st Century, Millenium Report of the Secretary-General, United Nations, New York: United Nations Department of Public Information, 2000.
• Jenks, C. Wilfred, Norman Bentwich, F. N. Keen, R. S. W. Pollard, Percy C. Lloyd, Bernard Stark, Lady Chatterjee, etc, The Impact of International Organisations on Public and Private International Law, Transactions of the Grotius Society 37 (1951): 23–60, http://www.jstor.org/stable/743171.
• Sterian Maria Gabriela, 2013, The Role Of International Organizations In The Global Economic Governance – An Assessment, Romanian Economic Business Review, Romanian-American University, vol. 8(4.1), pages 308-316.
• Mearsheimer, John J, The False Promise of International Institutions, International Security 19, no. 3 (1994): 5-49.
• Tănăsescu, Dorina, Felicia Dumitru, and Georgiana Dincă. “The Role of the International Organisms in the Globalization Process.” The Role of the International Organisms in the Globalization Process | IntechOpen, August 22, 2012. https://doi.org/10.5772/50188.
• Doctors Without Borders – USA. “Doctors Without Borders – USA,” https://www.doctorswithoutborders.org/.
• ITU. “ITU,” https://www.itu.int/en/history/Pages/ITUsHistory.aspx.
• International organization – Wikipedia. “International Organization – Wikipedia,” June 1, 2023. https://en.wikipedia.org/wiki/International_organization.
• International Organization. “International Organization,” https://education.nationalgeographic.org/resource/international-organization.

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[1] Wikipedia, International Organization – Wikipedia, June 1, 2023, https://en.wikipedia.org/wiki/International_organization.

[2] The United Nations Charter, 1945, Art. 1

[3] Schroeder, P. W. (1994): The Transformation of European Politics, 1763–1848

[4] Henry Dunant: The Red Cross (1863)

[5] Balby, G. and Fickers, A. (2020), History of the International Telecommunication Union (ITU): Transnational techno-diplomacy from the telegraph to the Internet, Berlin, Boston: De Gruyter Oldenbourg.

[6] THE LEAGUE OF NATIONS (1924), Bacon, R. and Scott, J. ed. Men and Policies: Addresses. Cambridge, MA and London, England: Harvard University Press, pp. 277-294.

[7] Krasno, J. (2023), The United Nations: Policy and Practice. Boulder, USA: Lynne Rienner Publishers, pp. 29-56

[8] The Bretton Woods Institutions in Operation (2004), Economic Governance in the Age of Globalization, New York Chichester, West Sussex: Columbia University Press, pp. 184-219.

[9] Qureshi, A. 1996. The World Trade Organization: Implementing international trade norms. Manchester: Manchester University Press.

[10] The United Nations Charter, 1945, Art. 39

[11] Organisation for the Prohibition of Chemical Weapons (OPCW), 1997

[12] International Court of Justice, United Nations Charter, Art. 6

[13] Doctors Without Borders – USA. “Home | Doctors Without Borders – USA,” n.d. https://www.doctorswithoutborders.org/

[14] Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations, Vienna, 21 March 1986

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