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A Study on the Legal Personality of INGOs in International Law

Author: LiHaiBo
Tutor: ZhouHongJun
School: East China University of Political Science
Course: International Law
Keywords: International Non-Government Organizations Subject of International Law United Nations
CLC: D99
Type: Master's thesis
Year: 2010
Downloads: 249
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Abstract

It is nowadays beyond doubt that International Non-Government Organizations (INGOs) play a prominent role in international law-relevant field. Although there is no unified definition, the characteristics of INGOs can be summarized as known to all as non-governmental, international, organizational and non-profitable. Aforesaid four characteristics give a clear explanation that INGOs is a non-profitable organization with its own administration, not founded by a government or based on the treaties between governments, whose action and influence is over more than one country (or region).The increasingly active stance of INGOs on the international plane since their generation and long-time development, especially their engagement in politics and international relations within the time of globalization still raises questions concerning their position under international law, which is the subject of a continuing debate among legal scholars. Some insists that INGOs cannot be treated as subject of international law, while they are“beyond the international law”as national organizations. Some argues that INGOs can acquire the legal personality by the admission of countries or governmental international organizations in the international relations between or among them. The objective facts of INGOs’action and the latent rights to realize their aims can also demonstrate the subject position in some fields. More scholars consider that INGOs have some specific functional personality for their obvious influences in some fields, from the view of the practice.Empirical studies on the relations between INGOs and international law in the area of international legislation, international human rights, international environmental protection and can give the grounds for the theory of functional personality. In their specific manners, INGOs influence the decision-making of countries and governmental international organizations, take engagement in the international legislation, and promote the development of international human rights law and international environment law by means of the engagement in the supervision mechanism of human rights and environment. The INGOs’practice in the field of disaster relief is a great demonstration of their advantages.It is noteworthy that, in the existing system of international law, the function of INGOs cannot go without the system of United Nations (UN). Although there is no final conclusion on whether INGOs have the subject position in international law, a package of arrangement under the framework of UN, which gives priority to consultative status, is the guarantee of the engagement of INGOs in the international affairs more sufficiently, and the most feasible method to promote the development of international law.

A Study on the Legal Personality of INGOs in International Law

Abstract

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