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Rustamjon Imamov, Associate-Professor at the department “National
Ideology, Spirituality and Legal Education” of Andizhan State University,
Candidate in Law, Republic of Uzbekistan
INTERNATIONAL LEGAL STATUS OF INTERNATIONAL ORGANIZATIONS
R. Imamov
Abstract: The article analyzes the international legal status of
international organizations, the primary subjects of international law, the
status of international relations and legal order with the help of scientific
literature.
Keywords: juridical status, international organizations, law, UN,
International Court.
International organizations are derivatives or, in other words,
secondary subjects of international law, that is, they do not arise
independently, but are established for specific purposes on the basis of the
will of the primary subjects of international law, and therefore its status and
domestic legal order in international relations at the disposal of the
constituent states. In general, the charters (charters) of international
organizations reflect the will of the primary actors that created these
organizations. For example, the Preamble to the UN Charter sets out the
rationale and purpose of the United Nations and concludes: “Therefore, our
respective Governments, through their representatives in San Francisco,
present their credentials to the United Nations. They agreed to adopt a
charter and on this basis established an international organization called the
United Nations”. Alternatively, the situation is somewhat different, with the
preamble to the UNESCO Charter stating that the governments of the
participating States declare that they have drawn up the founding
documents of the Organization on behalf of their peoples: “States have
drawn up this United Nations document on education, science and culture
in order to achieve the cooperation of all peoples of the world in the field of
education, science and culture and the international peace and common
well-being of mankind” [1, p.22].
In any constituent document of an international organization, the
organization is not indicated by the word “derivative subject”, a concept
introduced by theorists [2, p.17]. The first reason to say that international
organizations are a specific subject of international law is that they, like
states, cannot have their own territory, their own permanent population.
Second, as noted above, it is formed on the basis of the will of the primary
subjects, i.e., “comes into the world” [3, p.40].
As a subject of international law, international organizations are
completely different from states. The legal basis of international
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organizations is, first of all, the constituent documents of international
organizations, as well as the “rules of the organization” of each international
organization. In accordance with Article 2 of the Vienna Convention on
Treaties between States and International Organizations or International
Organizations of 21 March 1986, they consist, in particular, the constituent
documents (charter) of the organization, decisions and resolutions adopted
on this basis, as well as the relevant practice of the organization. The legal
basis for the structure of an international organization is mainly agreements
concluded by primary entities, which can be called by different names, i.e.
Status (League of Nations); Charter (United Nations or Organization of
American States); Treaty (NATO or Collective Security Treaty Organization)
Convention and others [4, p.26].
Regardless of the name of the constituent documents of international
organizations, they are treaties, but they differ in their content, essence and
form. This applies, first of all, to the separate procedure established for
participation in the contract and termination of participation. For example,
membership in an international organization is possible only on the basis of
the admission procedure. Membership may be suspended by decision of the
international organization.
Their charters will vary considerably in content compared to other
contracts. The charter of an international organization shall be expanded in
accordance with its requirements for the performance of its duties. The
changes will be based on the practice that member states object to. The usual
norms that arise in this way are an integral part of the law of any
organization. For example, in 1994, the UN Security Council established an
international criminal tribunal for Rwanda in its 955th resolution, based on
Chapter VII of the UN Charter, “Threats to Peace, Disruptions and Actions
against Acts of Aggression”. However, in fact, this chapter does not mention
the possibility of establishing such an international organization.
Nevertheless, the UN Security Council resolution gained legal normative
content as a result of the support or silent recognition of states [5, p.20].
The duties and powers of international organizations are enshrined in
their charters. At the same time, the charter may not cover these cases to the
fullest extent and fully cover all the nuances of international life. Therefore,
it was necessary to recognize the theory of ‘comprehensible powers’. In
1996, the International Court of Justice ruled, based on current international
practice; “The requirements of international life may require that
organizations have additional powers to achieve their goals, which are not
directly provided for in the basic documents governing their activities” [6,
p.34].
The following characteristics are characteristic of an intergovernmental
international organization:
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- First, the membership of states;
- Second, the existence of an international founding agreement;
- Third, the existence of permanent bodies;
- Fourth, respect for the sovereignty of states.
International organizations may also be established by a decision of
another international organization. In this case, too, the question of the
establishment of a new international organization will depend on the will of
the sovereign states that are members of the international organization that
constitutes it. This is because, with their consent, a new constructive subject
of international law can be established.
Thus, an international intergovernmental organization is a subject of
international law established on the basis of a special interstate
international treaty (charter), having international legal capacity and a
certain organizational structure, and operating on the basis of international
law. Establishment of international intergovernmental organizations is
carried out in the following stages:
1. Adoption of constituent documents of organizations;
2. The formation of its material system, in which the consent of the
Member States on membership fees and their payment play an important
role;
3. The organization of the main bodies and the beginning of their
activities.
Termination of the international intergovernmental organization. While
the establishment of an international intergovernmental organization
depends on the will of its member states, its dissolution depends on the will
of its members. The termination of an international organization can take
place for a variety of reasons. An international organization may be
dissolved if it fails to perform its function. In the League of Nations, for
example, it failed to prevent World War II and disintegrated. Instead, the
United Nations was established as a universal organization responsible for
security and peace around the world, with a more effective mechanism. In
the second case, the international organization may be dissolved when the
mutual interests between the states that make up the international
organization disappear, that is, when the ideological or other similarity that
unites them disappears. For example, in 1991, with the collapse of the
socialist camp, the Warsaw Pact, as well as the Council for Mutual Economic
Assistance (Soviet Economic Cooperation), which economically united the
camp, was abolished. In the third case, as a result of the merger of members
and powers, their powers are merged with the powers of another
organization, in which one or more organizations are liquidated or, in
general, these organizations are replaced by another organization that
combines their powers. For example, the European Coal and Steel
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Community and the European Economic Community have emerged as a
single EU organization in their development process.
References:
1. Statute of the United Nations and the status of the International Court
of Justice.- Tashkent: UN Information Center in Uzbekistan, 2002.
2. Muminov A. International legal relations of Uzbekistan and UNESCO.
- Tashkent: Yangi avlod, 2003. -P.5-6.
3. Lukashuk I.I., Saidov A.X. Fundamentals of modern theory of
international law. –Tashkent: Adolat, 2006.- P.204.
4. Saidova L. Charter of the United Nations Charter on Education, Science
and Culture / UNESCO International Normative Documents / Editor-in-Chief
of the Uzbek edition. - T: Adolat, 2004.-P.17
5. Shibaeva E.A. Pomochny M. Legal questions of the structure and
activities of international organizations. –Moscow: Moscow State University
Publishing House, 1988.- P.20;Shibaeva E.A. The law of international
organizations. - Moscow International Relations, 1986.- P.26.
6. Usenko E.T. The Council for Mutual Economic Assistance - the subject
of international law / Soviet Yearbook of International Law, 1979.- M6
Science, 1980. P.20.
Sarvarbek Ismoilov, Teacher at the Department “Philosophy” of Andizhan
State University, Andizhan region, Republic of Uzbekistan
ANALYSIS OF SOME OF THE ISSUE OF EXPANDING THE SUBJECT OF A
LOAN AGREEMENT
S. Ismoilov
Abstract: The article analyzes the concept, value of the loan agreement
and issues related to its application. The article also considers the expansion
of the scope of the subject of the loan agreement and develops proposals to
improve the legislation on debt.
Keywords: Debt, contract, goods, money, securities, creditor, borrower,
interest, rights and obligations of the parties, financial market.
Given the current procedures and procedures for loan agreements, the
habits of business in the industry and the legislation aimed at regulating
lending in the banking and financial sector, the loan agreement has the
following legal characteristics: indicates: a unilateral or bilateral, real and
consensual contract, a contract concluded free of charge or for a fee. Such a
