Origin and Evolution of International Organizations

Origin and Evolution of IOs

• In the modern sense, International Organizations (IOs) have emerged recently in international life.
• Their origin lies in a historical period of relative peace and scientific progress following the Napoleonic Wars, from 1815 to 1914, before World War I.
• The International Society witnessed the development of international conferences and the establishment of permanent institutional structures, which enabled the birth of modern IOs.

First Phenomenon: International Conferences

• The multiplication of international conferences led to the development of parliamentary diplomacy and the use of multilateral treaties, with the first example being the Final Act of the Congress of Vienna in 1815.
• Major powers that won the Napoleonic wars, later joined by other European nations, began to meet in international conferences, adopting coordinated actions to design a new international order and address issues related to non-European territories resulting from colonial expansion, exemplified by the Berlin Conference of 1885.
• By the end of the 19th century, international conferences began to extend beyond Europe, starting with the Hague Peace Conferences of 1889 and 1907, which became important reference points in the evolution of IOs.
• While these conferences foreshadowed IOs, they did not constitute IOs themselves because they lacked permanent bodies.

Second Phenomenon: Establishment of Permanent Institutional Structures

• Advances in technology, telecommunications, and transportation led to the creation of international administrations with decision-making, control, and executive powers, enabling the birth of IOs.
• This development occurred through two main channels: fluvial commissions and international administrative unions.
• Fluvial commissions were established to regulate and facilitate navigation on international rivers, such as the Central Commission for the Rhine (Treaty of Mainz, 1831) and the European Commission for the Danube (Treaty of Paris, 1856).
• International administrative unions aimed to channel the concerted actions of member states in specific technical sectors, including communications, industry, and agriculture.
• Regionally, the Washington Conference of 1889 created a Commercial Office, which later became the Pan-American Union in 1910.

Evolution of IOs

• The first generation of IOs was characterized by economic and technical coordination, institutionalization, permanence with an office or secretariat, and the initial manifestations of an international public function.
• Examples include fluvial commissions and international administrative unions.
• The second generation of IOs was characterized by economic and political cooperation and more complex organic structures. This era began with the League of Nations in 1919.
• Fluvial commissions and international administrative unions represent the first generation of IOs, introducing an element of institutionalization and permanence through an office or secretariat. These were the first manifestations of the international public function, albeit modest, usually composed of a director and a small number of officials seconded by the host state.
• The second generation is characterized by cooperation at the economic and political level and more complex organizational structures, starting with the League of Nations in 1919.
• Following World War II, IOs grew, leading to the expansion of organizations on a universal scale and the emergence of regional organizations.
• Specialized organizations within the UN, such as the WHO, UNESCO, and the IMF, were created, along with regional organizations like the EU, OAS, and AU, adapted to specific regional needs.

Concept, Nature, and General Characteristics

• Doctrine defines IOs as voluntary associations of States established by international agreement, with permanent, own, and independent bodies, tasked with managing collective interests and capable of expressing a legally distinct will from that of their members.
• The ILC defines an IO as an organization established by a treaty or other instrument governed by international law, possessing its own legal personality.
• It is challenging to define IOs generally due to their variety, structure, competencies, and differing operations.

Key Elements That Differentiate IOs From Similar Entities

• IOs have an essentially intergovernmental composition, almost exclusively made up of sovereign States, distinguishing them from other international entities.
• NGOs are made up of individuals or legal entities of different nationalities with a private and non-governmental nature, unlike IOs which consist of States.
• Exceptions exist, such as an IO being a member of another IO (e.g., the EU is a full member of the WTO and FAO) or IOs including non-state entities as members, such as representatives of workers and employers (ILO), companies, and universities (UIT).
• Territorial entities with doubtful state status, like the Sahrawi Arab Democratic Republic, are admitted in organizations like the AU.

Conventional Legal Basis

• IOs are created through multilateral treaties, known as constituent treaties, subject to treaty law. This treaty determines the birth and legal life of the IO, distinguishing it from ordinary treaties.
• The constituent treaty is sui generis, both conventional and institutional, generally adopting a solemn form of negotiation, signing, and ratification. Exceptionally, adoption can occur through simplified means, such as the Declaration of Bangkok for the Association of Southeast Asian Nations (ASEAN).
• The exception to this is international agreements in simplified forms, differing from NGOs which are established through acts of domestic law.

Permanent and Independent Organizational Structure

• IOs must have permanent and independent bodies to ensure continuous operation independently of member states.
• The administrative bodies, such as the secretariat, are generally permanent.
• Conferences do not have permanent bodies, this is a key difference between IOs and international conferences.
• A frequent organizational structure is the tripartite system, including plenary, restricted, and administrative bodies.

Legal Autonomy

• IOs possess international legal personality distinct from that of their member states, expressing their own will through acts adopted by their bodies.
• They can only express their will within their areas of competence, which are limited and functional, existing only as attributed by the treaty and exercised to fulfill its purposes.
• Unlike states, which have full competence, the extent of an IO's legal autonomy requires analyzing its rules.

Classification of International Organizations

• The world of IOs is extremely fragmented and heterogeneous, with numerous categories of organizations.
• The criteria used to classify IOs are varied, highlighting three main criteria: member states, intended purposes, and cooperation techniques.

Classification by Number of Participating States

• Distinctions can be made among various IOs depending on how they are composed:
• Universal IOs are open to the potential participation of all states, exemplified by organizations within the United Nations system.
• Regional or Restricted IOs reserve participation for states belonging to certain groups with common interests, such as geographic, ideological, or economic ones. Examples include:
  • Geographic criteria: Organization of American States (OAS) and African Union (AU).
  • Religious affiliation: Organisation of Islamic Cooperation.
  • Combination of various affinities: the EU combines geographic (European state), political (democratic regime and respect for human rights), and economic criteria (market economy).

Classification by Purpose

• IOs with General Purposes: Those whose constituent treaties allow cooperation in any area of activity without limitation. For instance, the UN aims to foster cooperation in various fields, excluding limited issues, as exemplified by the Council of Europe's exclusion of defense matters.
• IOs with Specific Purposes: Focus on concrete aspects of international cooperation, developing activities within well-defined areas. Examples include military (NATO), socio-cultural (ILO, UNESCO), economic (IMF, WTO), and technical (Universal Postal Union, ICAO) cooperation.

Classification Technical Cooperation

• Depending on the distribution of competences between the organization and its members, distinctions can be made between:
  • Organizations of Cooperation or Coordination:
  • The majority of IOs develop cooperation functions through coordinated actions among their members, aiming to achieve collective objectives while maintaining sovereignty.
  • Organizations of Integration or Unification involve the cession of competences from member states to common bodies, enabling decisions to be directly applicable to individuals without state intervention.

Participation in IOs

• Participation is voluntary and free, with no rule in International Law that obliges a State to join an IO.
• Termination can be voluntary or not and, generally, the regulations of IOs provide for:
  • Full Participation: Corresponds to ordinary members with full rights.
  • Restricted Participation: Applies to associate or observer status.
• Access to both types of participation is not limited to States but can include other non-state entities. In international practice, full membership can be conferred to other international subjects while non-state entities commonly hold restricted status, such as the consultative status of NGOs in certain IOs.

Full Participants

• The regulations and rules determine who has the specific rights and duties deriving from the member condition.
• Two scenarios:
  • Original members participated in the negotiation of its constituent treaty or were initially invited to adhere to it.
  • States founding their Organisation that participated initially were granted membership once the treaty took effect and was ratified.
  • States are subsequently admitted to the Organisation depending on the rules provided for.

Subsequent Amendments

• Admission to membership will depend on two willing parties.
  • The State must present the candidacy, and the organization must approve.
  • Each IO has its own conditions for new members which depend on their own purpose and nature.

Required Conditions For Accepting New Members

• Functional → Related to the organizations principal functions
  • In the IMF countries must contribute a quota of capital
  • In OMM, countries must enter with a national meteorological service Geographical Based on geographic location of the country
• The Islamic Conference, only accepts countries of the Islamic world
• Religious or ethnic-religious → Dependent on cultural/ religious factors

Conditions that Affect Organisations

• The arab league Groups countries with Arab/ muslim identity
• Politico-Functional → Combines political criterias, relating to the organisations purpose
  • The UN allows member states who commit to international peace and cooperation.
• Geopolitics→ Based on strategic alliance, or regional influence.
  • Is the Council of Europe, which brings European countries together with democratic values