General provisions on international organizations. Coordinating and supranational organizations Legal basis for international organizations
Although there are significant differences in the practice of influencing public organizations at the national level, in European countries there are common approaches to the participation of public organizations, industry, professional associations and associations of employers in the formation and forecasting of the labor market, since the improvement of the system vocational education and training is coordinated within the EU. In its initiatives, the European Parliament, in particular under the initiative 2014/2235(INI) and in the report on the results of its implementation, in the section on defining a strategy for anticipating future skills needs of the labor market, it is noted that all stakeholders in the labor market, in including employers, educational organizations, providers of educational services in the field of vocational training, should take an active part at all levels, in particular in the development, implementation and evaluation of vocational qualification programs that ensure an effective transition from formal education to work on the basis of accumulated experience.
In addition, even non-EU countries also conduct joint work to reform national vocational training and education (VET) systems under the auspices of the ETF and Cedefop. Cedefop is one of the EU's decentralized agencies.
w) Report European Parliament // URL: http://www.europarl.europa.eu/
sides/getDoc.do?type=REPORT&reference=A8-2015-0222&format=XML&language=EN#title2 (Accessed 05 June 2017)
The agency was founded in 1975 and has been based in Greece since 1995. Cedefop supports the development of European vocational education, participates in the development of relevant policies, and also contributes to their implementation. The Agency helps the European Commission, the EU Member States and the social partners to develop the right policies for European Vocational Education, in particular within the framework of the Torino Process. Of considerable interest in this regard, along with the experience of European countries, is the experience of such socio-economic development countries like China, USA and Turkey.
Social partnership and social dialogue are tools through which labor market trends can be translated into a labor market reform agenda. The social partners are employers, as well as employers' organizations, professional associations and trade unions representing the interests of workers. Key documents from European organizations state that VET is an area for which national governments, social partners, education providers, teachers, trainers and learners are jointly and severally responsible. The partnership helps to improve the relevance of training to labor market needs for a skilled workforce. In many countries, this partnership takes the form of "Professional Councils" that deal with labor market monitoring, skills development, training programs and certification issues.
Among the largest associations of employers at the global level, the International Organization of Employers (IOE) should be noted - the world's largest network of private business representatives, which represents the interests of employers in social and labor issues at the international level.
This organization investigates the situation on the labor market, using information from the media, from organizations, at the national, regional and international levels; within academia and think tanks; and stakeholders around the world.
In December 2015, SE launched the Task force on the future of work project, which aims to identify potential challenges and opportunities for businesses and employers' organizations. It is premature to sum up the results of this project, since only in July 2016 the main directions of this program were adopted.
Despite the diversity of economic, labor market and demographic developments in ETF partner countries, some common challenges can be identified in their efforts to improve the balance between demand for skills and their supply, which are presented in Appendix B. This is why The ETF has developed recommendations to help partner countries improve their capacity to deal with the challenge of matching supply and demand in the labor market. These include various methodologies to improve the regularity, reliability and representativeness of data collection and evaluation, along with the development of a structured approach to forecasting and skill matching 127 . The areas of engagement with the social partners are constantly being rethought to better align with the strategic goals set in 2010 for Europe 2020 (The Bruges Communique 2010, Riga conclusions, June 2015). In particular, currently the most important area of ETF interaction with governments, social partners, educational organizations is the development of the apprenticeship system, which, on the one hand, will allow educational programs to better focus on the needs of the labor market, and on the other
on the other hand, it will help reduce youth unemployment.
The partnership between employers and the various forms of their associations and trade unions depends on the nature of the partnership in each
|27) Highlights 2015 Briefing Note. 2016 // [Electronic resource]
http://www.etf.europa.eu/web.nsf/pages/Highlights_2015_briefing (Accessed 15 March 2017)
I2S European commission. High-performance apprenticeships & work-based learning: 20 guiding principles // [Electronic resource] URL:
Negotiating initiatives cover the entire sector at the national level. Dialogue and especially partnership in European countries and the United States, as the analysis showed, also take place at the local or enterprise level.
The main participant in all forms of social partnership and social dialogue at all levels, representing the interests, primarily of a qualified worker, is the trade union, which necessitates a detailed consideration of the characteristics of the trade union movement different countries and mechanisms of its influence on the formation of the labor market. For the subsequent analysis of the activities of trade unions in different countries in the field of labor market formation, it seems appropriate to single out the main features of the activities of workers' associations in the professional and qualification context.
The generalized task of the activity of trade unions, as representatives of workers at all levels of social partnership, is to increase the salaries of their members and improve working conditions, as well as to receive additional preferences (payments and benefits) from the employer. As a rule, trade unions act in the labor market in two directions:
- - contribute to the growing demand for labor of appropriate qualifications;
- - strive for a limited supply of skilled labor.
The most important activity of trade unions is the struggle for strengthening state regulation labor relations, including in the professional and qualification context. obvious integral part such rationing is the legislation on the minimum wages. Its purpose is to establish a minimum wage level that exceeds the equilibrium wage. At the same time, average wage levels are rising against the backdrop of a reduction in the number of employed workers. In some cases, trade unions become monopolists in the labor market, through the conclusion of agreements that oblige employers to hire only members of trade unions. Table 9 presents various forms of manifestation of the activities of trade union organizations under various models of the formation of the labor market for skilled labor.
Table 9
Forms of manifestation of the activities of trade union organizations in various models of the formation of a skilled labor market
work force
|
The predominant form of manifestation of the activity of trade union organizations |
||
|
Labor Demand Model |
|
|
|
Labor Supply Reduction Model |
|
|
|
Direct impact model |
|
The employment of the population in foreign countries, in our opinion, largely depends on the model of labor relations or the existing relations in the labor market of skilled labor. This relationship is closely related to different forms state structure of various countries. Despite the similarity of economic development and social sphere countries since market economy Employment policies in each of these countries, taken separately, have led to the formation of different models of the labor market.
The activity of public organizations in different countries is aimed at adjusting the labor market of skilled labor, and to a large extent varies in forms, methods and degree of activity and influence. Based on the above generalized approach to the analysis of the activities of public organizations, it is possible to single out the most significant characteristics of the solidarity position of workers and employers from different countries in relation to changes in the demand and supply of professional skills in the labor market, as well as the peculiarities of the operation of the mechanisms of reverse mutual influence on forecasting the needs of the economies of various countries in qualified staff.
The analysis carried out shows that the activities of public organizations in different countries vary greatly. The influence of public organizations on the formation of the labor market in the professional and qualification context is most clearly manifested in the example of the EU, where in addition to the “feedback mechanism” in each of the countries there is also a supranational European social dialogue.
The negotiating parties are European associations representing employers and trade unions. Negotiating groups are partly nominated by affiliated national organizations, so negotiations are not only conducted at the EU level.
The decision makers in these organizations, those who approve the final results or agreements, are representatives of the national partners. This means that the European social dialogue does not take place in strict isolation from the social dialogue in the Member States, where each of the countries has its own feedback mechanism between public organizations and regulatory bureaucratic and legislatures. Activities on European level provides opportunities for social partners to learn from each other and build trusting relationships that are key factor in social partnership. The effectiveness of social dialogue at the European and national levels are interconnected 129 .
Both in the Torino Process reports and in the study dedicated to cooperation between education and business, it is noted that social partnership is often hampered either because of a centralized approach or because of the lack of capacity of social partners (Table 10).
Table 10
Factors hindering the establishment of an effective social
partnerships and forms of their manifestation
- 129) Lempinen R. How social partnership works in practice The European Union. ETF yearbook. 2011.
- 130) Based on materials: ETF Position Paper. Social Partners in VET. European Training
Foundation, Turin, 2012 // [Electronic resource] URL:
http://www.etf.europa.eu/webatt.nsf70/E6E40173EABB473CC1257B0F00550A2F/ $file/Social%20partners%20in%20VET_RU.pdf (Accessed 5 August 2017)
|
Factor hindering effective social partnership |
Forms of manifestation |
|
in stark contrast to the wide range of responsibilities that have been delegated to these partners under the law. |
|
|
Public organizations and associations of employers and workers often show little interest in participating in vocational training and education issues and more general issues of human capital development |
These issues are either not considered strategically important, or there is no confidence that the state system is able to properly meet the needs of public organizations and associations. |
|
Many social partner institutions do not have sufficient capacity and resources to address programmatic issues. |
The social partners are not prepared (or unwilling) to deal with issues they do not understand well enough. |
|
Most of the employers' associations in the former socialist countries were created recently and have not yet reached the proper level of development. |
Public organizations have been created over the past two decades. In the socialist countries the trade unions were closely connected with the ruling regime and played a very different role than the one they play today. |
Therefore, at the ETF conference in June 2016, issues of changing the form of interaction between ETFs, governments of countries and social partners were discussed, which was reflected in the name of the conference - "From dialogue to partnership" .
Social partners are trade unions and employers' associations or organizations representing them that participate in social dialogue. This definition is used by both the European Commission and the International Labor Organization (ILO). In European law, if we are talking about representatives of workers and employers, the English term "management and labor" is also used. In the American version in English workers' organizations are called trade unions. In the literature, employers' organizations and trade unions are also referred to as "both sides of industry".
One of the characteristics of social partners is that they can negotiate and make agreements on behalf of their members. All independent social partner organizations derive their legitimacy and mandate from their members, who, as employers and individual workers, are ultimately individual enterprises. These organizations may be legitimate even if the government or public authorities are unwilling to negotiate or engage in dialogue with them.
Employers' organizations were formed to advance the collective interests of employers. These interests include issues such as working conditions and social protection regarding employment, including labor law. Currently, most employers' organizations also represent the business interests of their affiliated enterprises. As a rule, they are united in various associations, unions, chambers of commerce etc.
In international terminology, a distinction is made between employers' organizations and other organizations representing enterprises and companies. The main task of employers' organizations is to resolve social issues related to working conditions and labor personnel in a broad sense. In principle, this does not include activities to create a more favorable business environment, such as work on the regulatory framework, infrastructure, or research and development. However, in practice, the most modern employers' organizations also cover this aspect of work with enterprises.
The most common business organizations are the Chambers of Commerce and Industry or Chambers of Crafts, which exist all over the world. Chambers are organizations that work to promote the interests of enterprises. Government officials often consult with them when it comes to drafting new legislation or developing policies related to industry or commerce.
In many countries, chambers of commerce require mandatory membership of enterprises. They are government bodies working on self-financing terms, and often work under the supervision of the state. These chambers carry out the functions assigned to them by the state authorities. Their responsibilities may be related to regional development, business registration, foreign trade promotion or vocational training. Such chambers exist in Germany, Spain and Japan, as well as in ETF partner countries. There are also voluntary chambers that work to promote common interests and build links between businesses.
Other business associations represent the interests of various industry enterprises. Their purpose is usually to protect industry interests at the national or even international level.
In the EU, four organizations are recognized by the European Commission as representative social partners (Table 11).
Organizations - representative social partners of the European Commission
Table 11
All these organizations, ETUC, Business Europe, UEAPME and CEEP, operate at EU level. They have the opportunity to have an ongoing dialogue with the European Commission, which also supports and facilitates bilateral social dialogue at the EU level.
The supranational level of dialogue can be represented by examples such as the International Organization of Employers of the UE (International Organization of Employers, UE) and the International Trade Union Confederation (ITUC), which are global organizations, of which the majority of independent national social partner organizations are members.
Both SE and ITUC work in direct cooperation with the International Labor Organization (ILO). SE represents 150 national employers' associations from 143 countries. As a rule, the members of the UE have one organization from each member state of the ILO. The main task of the UE is to promote and protect the interests of employers in international forums, especially those held by the ILO. The mission of the South Europe is to ensure that the international labor and social politics were aimed at ensuring the viability of enterprises and creating an enabling environment for enterprise development and job creation.
The International Trade Union Confederation (ITUC) represents 301 member organizations from 155 countries. The mission of ITUC is to promote and protect the rights and interests of workers through international cooperation between trade unions, holding global events and advocacy campaigns within major global institutions. Several regional and international trade union structures operate within the ITUC.
Figure 23 shows the principal block diagram of the interaction various forms public organizations at various levels of social partnership.
Rice. 23.
Independent employers' organizations and trade unions usually operate on the principle of "vertical upward signaling of the labor market". The basis of organization is the level of enterprises or workplaces, where workers are organized in a basic union to negotiate or dialogue with their employers and with individual enterprises.
The second and usually the most important level of organization is the industry level, which is sometimes supplemented by regional organizations. Enterprises unite into industry federations representing the interests of employers within a particular economic industry. Their partners are trade unions representing workers from the same industry. Industry organizations can be affiliated with intersectoral ones.
At the next level are national confederations with affiliated unions or organizations representing all or several industries. Many countries have several confederations or central organizations that compete with each other. This means that there may be several trade unions or employers' organizations within the same industry. Organizational structure and the principles of operation of such organizations in different countries are different.
Social partnership means working together and sharing responsibilities between different actors. In practice, this means involving the social partners in the development, implementation and evaluation of policies in cooperation with government agencies and educational institutions. On this basis, it seems possible to build a model of the feedback mechanism of public organizations with the labor market in terms of qualifications in the medium and long term, visualized in Figure 24.
Rice. 24.
The tripartite approach is a form of cooperation between workers' organizations, employers' organizations and government organizations, the purpose of which is the definition and implementation of socially significant tasks.
We specify the levels of interaction:
Level A. On the basis of a bilateral dialogue between representatives of employees (trade unions) and the management of the organization, a dialogue is carried out on a specific issue, the relevance of which is unstable (weakening/strengthening). Process Formalization: Local regulations, addition to collective agreements etc.
Level B. If there are repeatedly recurring conflict situations (reasons) at various enterprises, or if it is impossible to reach an agreement at the local level, the dialogue moves to this level (B) and acquires a territorial or sectoral character. Formalization of the process: territorial or sectoral agreements.
Level B. With further escalation of the negotiation process, or the impossibility of reaching a contractual agreement, the dialogue moves to the level of normative state regulation. Formalization of the process: the adoption of a law or other regulatory legal act.
Level D. When adopting national laws and other legislative acts, it is necessary to take into account the results (limitations) of supranational dialogue and norms international law. Formalization of the process: taking into account in legislative activity the norms of international law adopted and agreed upon in an appropriate way.
After the adoption of a legislative act with the indicated restrictions, the cycle can be repeated many times, as it improves legislative framework and law enforcement practice.
Using the example of the EU countries, it is shown that social dialogue contributes to the participation of workers in training. Employees of those organizations where there are trade unions have more opportunities for training and professional development. At the same time, the larger the enterprise, the more agreements on continuous professional training there.
w) EU Policy Environment. // [Electronic resource] URL: http://www.etf.europa.eu/web.nsf/pages/EU_policy_environment_EN (Accessed July 16, 2017)
In addition to being involved in the policy development process, the social partners play a very hands-on role in developing training programs and delivering training. In principle, the practical actions of the social partners in the framework of vocational education and lifelong learning can be divided into the following areas:
- 1. Participation in the development of the system continuing education and promoting labor mobility.
- 2. Improving the quality and efficiency of education and training systems.
- 3. Improving professional and educational standards, qualifications and qualification frameworks based on information about the situation on the labor market.
- 4. Conduct training in their own training centers or in the form of apprenticeship and on-the-job training.
- 5. Certification of learning, legalization and recognition of non-formal and non-formal learning.
- 6. Orientation services for members, including awareness raising (vocational guidance and counseling).
The European Union pays great attention to improving the balance between supply and demand for labor, implementing the EU 2020 strategy and, in particular, the New Skills for New Jobs program. New approaches (methods) for forecasting and balancing labor supply and demand are being broadly supported in order to develop qualified personnel with the “right mix of skills” in accordance with the needs of the labor market in order to ensure the quality of work and lifelong learning opportunities. The EU Qualifications Panorama initiative, launched in 2011, brought together various initiatives aimed at forecasting and balancing labor supply and demand.
Forecasting and balancing depend on the results of three main functions of knowledge: collection and analysis of information based on evidence and forecasting; transmission and dissemination of information; use of information, policy implementation.
iii) Feiler L., Fetsi A., Kuusela T., Platon G. Anticipating and matching demand and supply of skills in ETF partner countries. ETF position paper. 2013 // [Electronic resource]
URL: http://www.etf.europa.eu/webatt.nsf/0/FBEF620E5BFEB105C1257DEA004E333F/$file/ETF %20Position%20Paper%20on%20Matching.pdf (Accessed 15 August 2017)
The practice of the influence of public organizations on the formation of the labor market in terms of qualifications can differ significantly depending on the timing of the consideration of tasks and their prospects. Table 12 shows the characteristics of the classification structure of approaches to forecasting and balancing labor market indicators. This matrix has two dimensions: forecast level and time horizon. The “level” category refers to the range or degree of application of the methodology, ranging from single surveys with individuals or enterprises (micro level), to surveys of entire sectors of the economy or regions (meso level), to impacts on national economies and national systems (supranational/macro level). Timing parameters cover periods, which are divided into short-term, medium-term and long-term.
Table 12
|
Levels of forecasting (subjects of forecasting) |
Short term (up to 1 year) |
Medium term (1 -5 years) |
Long term (more than 5 years) |
|
Micro - level (individuals, enterprises) Trade unions; employers, |
Assessment of the needs for employees of a certain qualification - the level of the company. Surveys on the promotion of workers in the labor market |
||
|
Meso - level (industries, regions) |
Surveys of employers, monitoring of vacancies |
Analysis of the needs for professional skills in certain industries. |
|
|
Macro - level (macroeconomic, national level) |
Quantitative Industry Forecasts |
National or regional quality forecasts |
Methods for forecasting the demand for skills and their supply can also be classified based on the applied methodology:
- - quantitative, formal, model-based forecasts (mainly based on studies at the macro level with long or medium term time horizons);
- - specialized by industry, profession or location of research (usually combining quantitative and qualitative methods);
- - surveys of employers or groups of employees (mainly related to the micro level and involves actions in the short term).
The study of the impact of public organizations using the algorithm of the feedback mechanism of public organizations with the labor market in terms of qualifications (Figure 24) makes it possible to make a comparable qualitative assessment of such impact for different countries (Table 13).
The main forms of influence of public organizations within the framework of the main models of the labor market
Table 13
|
Model name |
Forms and degree of influence |
|
|
American |
|
|
|
||
|
German model |
|
- 134) Wilson R., May-Gillings M., Pirie J., Beaven R. Working Futures 2014-2024; The skill needed in the 21st century. 2015. // [Electronic resource] URL: http://widgets.weforum.org/nve-
- 2015/chapterl.html (Accessed 15 August 2017)
|
Model name |
Forms and degree of influence |
|
|
Swedish model |
|
|
|
Chinese model |
limited compliance with ILO requirements. |
|
|
Turkish model |
|
Supranational is an international organization or union in which member states are superior national boundaries or interests to participate in decision-making and to vote on matters relating to the larger grouping.
European Union and World trade Organization are supranational. In the European Union, each member of the Committee votes for policies that will affect each member state. The advantages of this design are the synergy resulting from social and economic policies, as well as a stronger presence in the international arena.
PERMISSION "Supranational"
for an organization to be supranational, it must operate in many countries. Although applicable to multinational enterprises, the term is more commonly used in relation to entities state standard as they often have regulatory responsibilities as part of their routine activities. This may include the creation of international treaties and international trade standards.While a supranational organization may be actively involved in setting business standards and regulation, it does not necessarily have any executive authority. Instead, enforcement extends to individual governments with participating businesses.
While the main objective of most supranational organizations is to facilitate trade between member states, it may also have political implications or demands. For example, it may be required that all member states participate in certain political events, such as public elections for leadership.
Other areas of concern
In addition to the main trade, supranational organizations can participate in other activities aimed at promoting and international standard. This may include subjects related to food production such as agriculture and fisheries, as well as those involved in environment or energy production. Also included are organizations dealing with educational issues, as well as those aimed at providing various forms of assistance or assistance to countries or areas in need of certain goods or services.
Some organizations are involved in areas with significant political implications for member countries. This concerns issues related to weapons, including the acceptable treatment of prisoners of war, as well as the development of nuclear power and other nuclear capabilities.
United Nations
United Nations is good well-known organization which is supranational. He and his affiliated companies consist of groups of member countries and are designed to facilitate and standardize certain activities across international borders.
Olympics
An example of a supranational organization that is less involved in regulating international activities is the Summer and Winter Olympics, which are overseen by their associated committees. These organizations create standards regarding which events are included in the competition, as well as judging standards for the various events. The choice of the host city is made by the international members of the committee.
International organizations performing separate supranational functions. They have exclusive competence on a number of issues and limit the functions of Member States in dealing with such issues. They have the right to oblige their members to obey its decisions without their consent, if the decision is taken by a majority of votes. The WTO, the World Bank and the IMF are international organizations of a limited supranational type.
Features of supranational organizations
The right to intervene in matters falling within the internal competence of the state according to its constitution
· In order to regulate these matters, the power to create rules that are binding on Member States and mechanisms to monitor and enforce compliance with these rules by Member States
The right to oblige and empower individuals and legal entities Member States
· The assignment of broad powers to create rules and control their observance to non-representative bodies, ᴛ.ᴇ. international employees
The European Union is an example of an international organization of a supranational type
The main bodies of the EU: European Council, European Parliament, EU Council of Ministers, European Commission, European Court of Justice
Regional integration associations. According to the World Bank, there are more than 100 regional groupings and initiatives in the world.
Integration associations are characterized by:
Territorial proximity
The similarity of economic and social development
· The presence of common cultural and historical traditions, types of societies, common political goals and objectives.
The essence of the process taking place in an international organization is to identify the interests of members, to coordinate them, to develop on this basis a common position and will, to determine the relevant tasks, as well as methods and means of solving them. The main phases of the organization's activity consist in discussion, decision-making and control over its implementation. From this follow three basic types functions of an international organization : regulatory, control, operational.
Regulating function is the most important today. It consists in making decisions that determine the goals, principles, rules of conduct of the Member States. Decisions of this kind have only a moral and political binding force; nevertheless, their impact on interstate relations and on international law cannot be underestimated: it is difficult for any state to oppose the decision of an international organization.
The resolutions of organizations do not directly create international legal norms, but they have a serious impact on both law-making and law enforcement processes. Many principles and norms of international law were originally formulated in resolutions. They own important function actualization of international problems by confirming and concretizing them in relation to realities international life: applying the rules to specific situations, organizations reveal their content.
Control functions consist in exercising control over the conformity of the behavior of states with the norms of international law, as well as with resolutions. For these purposes, organizations have the right to collect and analyze relevant information, discuss it and express their opinion in resolutions. In many cases, states are required to submit regular reports on their implementation of the norms and acts of the organization in the relevant field.
Operational functions international organizations are to achieve the goals own funds organizations. In the vast majority of cases, the organization affects reality through sovereign states-members. At the same time, the role of direct activity. Organizations provide economic, scientific, technical and other assistance, provide consulting services.
International organizations can be classified according to a number of criteria.
1. Given the dependence on the circle of members, organizations are distinguished as general or limited in composition.
General or universal international economic organizations potentially designed for the participation of all states, although even today in the UN, some countries different reasons do not take part.
These organizations include organizations of the UN system - the UN itself and its associated agreements specialized agencies.
Organizations of limited composition are regional, ᴛ.ᴇ. open only to states of a certain geographical area, for example, the Commonwealth Independent States, Organization of African Unity, League of Arab States, Organization of American States, Council of Europe.
In other cases, the possibility of membership is determined by other criteria. In the organisation economic cooperation and development, only industrialized countries are involved. Members of the Organization of the Petroleum Exporting Countries are countries for which the main source of income is the export of oil.
2. Given the dependence on the nature of competence, organizations are divided into those with general and special competence. . In the first case, the competence is not limited to any one area of cooperation. An example is the United Nations, which can deal with almost any international issue. The exception is specific issues that fall within the competence of its specialized institutions. Such a broad competence cannot but affect the powers of universal organizations, which are not entitled to make binding decisions, and therefore limited to discussion and acceptance of recommendations. In the name of securing peace an exception is made only for the Security Council The UN, which in certain cases can make legally binding decisions.
3. According to the ratio of the volume of competence transferred by states to an international organization, distinguish:
¾ intergovernmental organizations performing coordinating functions in which the redistributed competence remains joint for the state and the organization;
¾ international organizations performing separate supranational functions which have exclusive competence on a number of issues and limit the functions of the Member States in their decision. An example is the obligation to comply with the decisions of the IMF and the World Bank in the monetary and credit sphere for the participating countries;
¾ supranational organizations , created to form the rules that are binding on member states, and mechanisms for monitoring and forcing participants to comply with these rules. Supranational bodies are endowed with similar functions. European Union: European Council, European Parliament, etc.
4. On an organizational basis international economic organizations are divided into:
¾ international economic organizations of the UN system;
¾ international economic organizations that are not part of the UN system;
¾ regional economic organizations.
5. Depending from the sphere of international regulation international organizations are classified as:
¾ international economic organizations that regulate economic and industrial cooperation and sectors of the world economy (UNDP, United Nations Industrial Development Organization - UNIDO, World Organization Tourism, International maritime organization and etc.);
¾ international economic organizations that regulate world trade (World Trade Organization, UN Conference on Trade and Development - UNCTAD, international organizations of producing countries and exporters of food and raw materials);
¾ international monetary and financial organizations (International monetary fund, institutions of the World Bank);
¾ international and regional organizations regulating entrepreneurial activity(UN Commission on TEC, etc.);
¾ international non-governmental organizations and associations that promote the development of world economic relations ( international alliances entrepreneurs, chambers of commerce, industry associations and federations).
Only sovereign states are members of international organizations, and not their bodies, despite the fact that such organizations are often referred to as intergovernmental. Part of the state is not a member of an international organization. All members equally take part in the work of the bodies of the organization and are responsible for its activities. Οʜᴎ make contributions to the budget of the organization, including in unequal shares. For example, in financing the UN, the United States accounts for 25% of all expenditures, Japan - 19.9%, Germany - 9.8%, France - 6.5%, Italy - 5.4%, Great Britain - 5.1 %, Spain - 2.6%. The rest of the countries account for 25.7%. The situation is similar in the formation of borrowed capital in the IMF. In practice, this often leads to the imposition of their will by the economically more developed members of the organization on the less developed ones.
After the Second World War, the colonial countries did not meet the requirements for membership in international organizations and were not interested in the activities of organizations. To solve the problem, we used associate membership . It differs from full membership in the absence of the right to vote and be elected to the executive bodies. In our time, associate membership is used in cases where full membership is temporarily or permanently impossible for one reason or another. Thus, many countries of Central and Eastern Europe have gone through the stage of associate membership in the Council of Europe.
International organizations also have observer status . It is granted to non-member states or to member states that are not part of the organ of the organization. Switzerland has been represented by observers at many sessions of the UN General Assembly. Most UN members send their observers to meetings of the Security Council. Observer status was granted by the UN to a number of national liberation movements. Often specialized agencies and regional organizations send their observers to UN bodies. Οʜᴎ have the right to attend basic meetings and receive documents.
Often, non-governmental organizations are given consultative status , which is close to the observer status. This practice is typical of the UN Economic and Social Council. Membership ends with the liquidation of the organization or the member state itself. Membership does not pass by succession. Russia took the place of the USSR not as a legal successor, but as a state-successor of the USSR.
International organizations performing separate supranational functions. They have exclusive competence on a number of issues and limit the functions of Member States in dealing with such issues. They have the right to oblige their members to obey its decisions without their consent, if the decision is taken by a majority of votes. The WTO, the World Bank and the IMF are international organizations of a limited supranational type.
Features of supranational organizations
The right to intervene in matters falling within the internal competence of the state according to its constitution
· In order to regulate these matters, the power to create rules that are binding on Member States and mechanisms to monitor and enforce compliance with these rules by Member States
· The right to oblige and empower individuals and legal entities of the Member States
· The assignment of broad powers to create rules and control their observance to non-representative bodies, i.е. international employees
The European Union is an example of an international organization of a supranational type
Main organs of the EU: European Council, European Parliament, EU Council of Ministers, European Commission, European Court of Justice
Regional integration associations. According to the World Bank, there are more than 100 regional groupings and initiatives in the world.
Integration associations are characterized by:
Territorial proximity
The similarity of economic and social development
· The presence of common cultural and historical traditions, types of societies, common political goals and objectives.
The essence of the process taking place in an international organization is to identify the interests of members, to coordinate them, to develop on this basis a common position and will, to determine the relevant tasks, as well as methods and means of solving them. The main phases of the organization's activity consist in discussion, decision-making and control over its implementation. From this follow three main types of functions of an international organization : regulatory, control, operational.
Regulating function is the most important today. It consists in making decisions that determine the goals, principles, rules of conduct of the Member States. Decisions of this kind have only a moral and political binding force; nevertheless, their impact on interstate relations and on international law cannot be underestimated: it is difficult for any state to oppose the decision of an international organization.
The resolutions of organizations do not directly create international legal norms, but they have a serious impact on both law-making and law enforcement processes. Many principles and norms of international law were originally formulated in resolutions. They have an important function of updating international problems by confirming and concretizing them in relation to the realities of international life: by applying the rules to specific situations, organizations reveal their content.
Control functions consist in exercising control over the conformity of the behavior of states with the norms of international law, as well as with resolutions. For these purposes, organizations have the right to collect and analyze relevant information, discuss it and express their opinion in resolutions. In many cases, states are required to submit regular reports on their implementation of the norms and acts of the organization in the relevant field.
Operational functions international organizations are to achieve the goals of the organization's own means. In the overwhelming majority of cases, the organization affects reality through sovereign member states. At the same time, the role of direct activity is gradually growing. Organizations provide economic, scientific, technical and other assistance, provide consulting services.
International organizations can be classified according to a number of criteria.
1. Depending on the circle of members, organizations are distinguished as general or limited.
General or universal international economic organizations are potentially designed for the participation of all states, although even today some countries do not participate in the UN for various reasons.
These organizations include the organizations of the UN system - the UN itself and the specialized agencies associated with it.
Limited membership organizations may be regional, i.e. open only to the states of a certain geographical area, for example, the Commonwealth of Independent States, the Organization of African Unity, the League of Arab States, the Organization of American States, the Council of Europe.
In other cases, the possibility of membership is determined by other criteria. Only industrialized countries participate in the Organization for Economic Cooperation and Development. Members of the Organization of the Petroleum Exporting Countries are countries for which the main source of income is the export of oil.
2. Depending on the nature of the competence, organizations are divided into those with general and special competence. . In the first case, the competence is not limited to any one area of cooperation. An example is the United Nations, which can deal with almost any international issue. The exception is specific issues that fall within the competence of its specialized institutions. Such a broad competence cannot but affect the powers of universal organizations, which are not entitled to make binding decisions, and therefore limited to discussion and acceptance of recommendations. In the name of securing peace an exception is made only for the Security Council UN, which in certain cases can make legally binding decisions.
3. According to the ratio of the volume of competence transferred by states to an international organization, distinguish:
¾ intergovernmental organizations performing coordinating functions in which the redistributed competence remains joint for the state and the organization;
¾ international organizations performing separate supranational functions which have exclusive competence on a number of issues and limit the functions of the Member States in their decision. An example is the obligation to comply with the decisions of the IMF and the World Bank in the monetary and credit sphere for the participating countries;
¾ supranational organizations , created to form the rules that are binding on member states, and mechanisms for monitoring and forcing participants to comply with these rules. Similar functions are vested in the supranational bodies of the European Union: the European Council, the European Parliament, etc.
4. On an organizational basis international economic organizations are divided into:
¾ international economic organizations of the UN system;
¾ international economic organizations that are not part of the UN system;
¾ regional economic organizations.
5. Depending from the sphere of international regulation international organizations are classified as:
¾ international economic organizations regulating economic and industrial cooperation and sectors of the world economy (UNDP, United Nations Industrial Development Organization - UNIDO, World Tourism Organization, International Maritime Organization, etc.);
¾ international economic organizations regulating world trade (World Trade Organization, UN Conference on Trade and Development - UNCTAD, international organizations of producing countries and exporters of food and raw materials);
¾ international monetary and financial organizations (International Monetary Fund, institutions of the World Bank);
¾ international and regional organizations regulating entrepreneurial activity (UN Commission on TEC, etc.);
¾ international non-governmental organizations and associations that promote the development of world economic relations (international unions of entrepreneurs, chambers of commerce, industry associations and federations).
Only sovereign states are members of international organizations, and not their bodies, despite the fact that such organizations are often referred to as intergovernmental. Part of the state cannot be members of an international organization. All members equally participate in the work of the bodies of the organization and are responsible for its activities. They make contributions to the budget of the organization, including in unequal shares. For example, in financing the UN, the United States accounts for 25% of all expenditures, Japan - 19.9%, Germany - 9.8%, France - 6.5%, Italy - 5.4%, Great Britain - 5.1%, Spain - 2.6%. The rest of the countries account for 25.7%. The situation is similar in the formation of borrowed capital in the IMF. In practice, this often leads to the imposition of their will by the economically more developed members of the organization on the less developed ones.
After the Second World War, the colonial countries did not meet the requirements for membership in international organizations and were not interested in the activities of organizations. To solve the problem, we used associate membership . It differs from full membership in the absence of the right to vote and be elected to the executive bodies. In our time, associate membership is used in cases where full membership is temporarily or permanently impossible for one reason or another. Thus, many countries of Central and Eastern Europe have gone through the stage of associate membership in the Council of Europe.
International organizations also have observer status . It is granted to non-member states or to member states that are not part of the organ of the organization. Switzerland has been represented by observers at many sessions of the UN General Assembly. Most UN members send their observers to meetings of the Security Council. Observer status was granted by the UN to a number of national liberation movements. Often specialized agencies and regional organizations send their observers to UN bodies. They have the right to attend the main meetings and receive documents.
Often, non-governmental organizations are given consultative status , which is close to the observer status. This practice is typical of the UN Economic and Social Council. Membership ends with the liquidation of the organization or the member state itself. Membership does not pass by succession. Russia took the place of the USSR not as a legal successor, but as a state-successor of the USSR.
Supranational organizations created to form rules that are binding on member states, and mechanisms to control and enforce participants to comply with these rules. Similar functions are vested in the supranational bodies of the European Union: the European Council, the European Parliament, etc.
4. Depending
From the sphere of international regulation, international organizations are classified as:
International economic organizations that regulate economic and industrial cooperation and sectors of the world economy;
International economic organizations that regulate world trade;
International monetary and financial organizations (International Monetary Fund, World Bank institutions, etc.);
International and regional organizations that regulate business activities (Inter-American Investment Corporation -
MAIK, Northern Investment Bank - SIB, etc.);
International non-governmental organizations and associations promoting the development of world economic relations (Paris Club).
Rybalkin V.E. divides international organizations according to the nature of membership - into interstate and non-governmental. At the same time, noting that the following features are characteristic of an interstate organization: membership of states; existence of a constituent international treaty; permanent bodies; respect for sovereignty; member countries (for example, the IMF). Taking into account these signs, he states that an international intergovernmental organization is an association of states established on the basis of an international treaty to achieve common goals, having permanent bodies and acting in the common interests of member states while respecting their sovereignty.
The main feature of non-governmental international organizations is that they are not created on the basis of an interstate agreement, whose members may be associations of manufacturers, companies, firms, scientific societies and other organizations.
The same source, in terms of the procedure for joining them, divides organizations into open (any state can become a member at its own discretion) and closed (admission with the consent of the founders).
Regardless of the type, international financial organizations in modern international relations play a significant role as a form of cooperation between states and multilateral diplomacy.
The essence of the process taking place in an international organization is to identify the interests of members, to coordinate them, to develop on this basis a common position and will, to determine the relevant tasks, as well as methods and means of solving them. The main phases of the organization's activity consist in discussion, decision-making and control over its implementation. From this follow three main types of functions of an international organization:
regulatory, control, operational.
Functions should be understood external manifestations processes of its activities to fulfill the tasks assigned to it. At the same time, the organization has the right to carry out its functions only within the limits of its competence.
The regulatory function is today the most important. It consists in making decisions that determine the goals, principles, rules of conduct of the Member States. Such decisions have only a moral and political binding force, however, their impact on interstate relations and on international law cannot be underestimated: it is difficult for any state to resist the decision of an international organization.
The resolutions of organizations do not directly create international legal norms, but they have a serious impact on both the law-making and law enforcement process. Many principles and norms of international law were originally formulated in resolutions. They have an important function of updating international problems by confirming and concretizing them in relation to the realities of international life: by applying the rules to specific situations, organizations reveal their content.
Control functions consist in exercising control over the compliance of the behavior of states with the norms of international law, as well as with resolutions. For these purposes, organizations have the right to collect and analyze relevant information, discuss it and express their opinion in resolutions. In many cases, states are required to submit regular reports on their implementation of the norms and acts of the organization in the relevant field.