Saturday, December 29, 2012

What is Role of International Organisations?

(1) Development of international law through the relationship of international organisation and states:
The International Organisations are based on their constitutions and follow the general principles of international law, enrich the development of international law; but apart from the law and practice of such bodies, there is another direction in which they may influence the development of international law. As years progressed, international law begins absorbing dimension of its scope, which was traditionally confined only to states. In addition to states, this has been done with the inclusion of international organisation as the subject of international law. The relationship between international organisations themselves and states has opened the door of further development of international law.
This was done with the conclusion of the Vienna Convention of 1986 on the law of treaties between states and international organisations or between international organisations themselves. As to relations between states and international organisations, in 1948, there arose the question whether in respect of injuries suffered by its agents in Palestine; the United Nations could claim compensation. International Court of Justice (ICJ) decided in 1949 that the UN an international organisation was entitled to bring such a claim.
(2) Through the relationship between the organisations themselves:
The practice of International Organisations in concluding agreements with each other enriches rules of law and procedure concerning international transactions.
(3) Through the relationship between the organisation and individuals:
The relationship between international organisations and individuals, like that of between states and individuals, has also developed the growth of important new principles of international law. The Palestine issue has provided by reconciling the dual position of agents of the United Nations, as servants on the one hand of the organisation, and as nationals on the other hand.
(4) Improving human welfare the common purpose:
The true nature and purpose of present-day I/Os is that certain of these bodies represent one kind of instrumentality whereby states are associated with in a common purpose of improving human welfare.
(5)Through passing Conventions
Although there is no world legislature, but various kinds of legislative measures may be adopted by international organisations some of the important examples are:
         Conventions on Sea Law, 1958;
         Conventions on Diplomatic Relations, 1961;
         Vienna Conventions on Contract Law, 1969.
In fact, all the plenary organs of the international organisations of the world are empowered to play such kind of role. Six of the specialised agencies are largely regulative organisations, namely, the ILO, the WHO, the WMO, the ICAO, the ITO, and the IMO. Following special legislative or quasi-legislative techniques of these bodies are:
a. The adoption of regional Regulations or operating ‘Procedure’, for example, by regional meetings of the ICAO.
b. The participation of the non-governmental representatives in the legislative processes, for example, workers’ and employers’ delegates in the ILO Conference, and private operating agencies at Administrative Conferences of the International Communication Union.
c. The approval of codes or charters of guidelines for domestic implementation by the governments of member states; e.g. the International Code on the Marketing of Breastmilk Substitutes approved in 1981 by WHO.
(6) Playing role in the creation of customary international laws:
The international organisations play vital role in creating customary international laws. Proposals, declarations or decisions taken unanimously by many of the International Organisations are considered to be abided by those organisations, and these play significant part in the creation of rules and regulations of international laws. Universal Declaration of Human Rights, 1848, Declaration on the Granting of Independence to Colonial Countries and Peoples, 1960, are mentioned in this respect.
(6) Through internal administrative rules:
In practice, the International Organisations are entitled to frame some specific conventions, rules and regulations for the internal administration and smooth running of the organisations. These internal administrative rules and regulations create significant impact in the development of international law.

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