Supranational. §1.3. The relationship between the competence of a supranational organization and state sovereignty and national law. Supranational structures
Despite the fact that there are significant differences in the practice of influence of 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 vocational education and training system is coordinated within the EU. In its initiatives, the European Parliament, in particular within the framework of initiative 2014/2235 (INI) and in the report on the results of its implementation, in the section devoted to defining a strategy in the field of anticipating future labor market needs for skills, 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, must take an active part at all levels, in particular in the development, implementation and evaluation of programs professional qualifications that provide efficient transition from formal education to experience-based work.
Moreover, even non-EU countries are also leading working together to reform national vocational training and education (VET) systems under the auspices of 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 June 05, 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 its implementation. The Agency helps the European Commission, EU Member States and social partners to develop sound policies in the field of European vocational education, in particular through the Torino Process. Of significant interest in this regard, along with the experience of European countries, is the experience of such different levels and characteristics of social 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. Social partners are employers, as well as employers' organizations, professional associations and trade unions representing the interests of workers. Key documents from European organizations note that VET is an area for which national governments, social partners, education providers, teachers, trainers and students are jointly responsible. The partnership helps to improve the relevance of training to labor market needs for a skilled workforce. In many countries, such partnerships take the form of “Vocational Councils”, which deal with labor market monitoring, development of skills parameters, training programs and certification issues.
Among largest associations employers at the global level, it is worth noting the International Organization of Employers (IO) - 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 examines the situation on the labor market, using information from the media, from organizations, at the national, regional and international levels; within the scientific community and think tanks; and stakeholders around the world.
In December 2015, UE launched the “Task force on the future of work” project, the purpose of which is to identify potential problems and opportunities for enterprises and employers' organizations. It is premature to sum up the results of this project, since the main directions of this program were adopted only in July 2016.
Despite the variety 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 and supply of skills, which are presented in Appendix B. That is why ETF developed recommendations to help partner countries improve their capacity to address 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 assessment, along with the development of a structured approach to forecasting and skill matching 127 . Areas of interaction with social partners are constantly being rethought in order to focus more clearly on the strategic goals of the Europe 2020 program set in 2010 (The Bruges Communique 2010, Riga conclusions, June 2015). In particular, currently the most important area of interaction between ETFs and governments, social partners, and educational organizations is the development of an 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 hand
On the other hand, it will help reduce unemployment among young people.
Partnerships between employers and various forms of their associations and trade unions depend 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 March 15, 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 takes place at the local level or at the enterprise level.
The main participant in all forms of social partnership and social dialogue at all levels, representing the interests, primarily of qualified workers, is the trade union, which necessitates a detailed consideration of the characteristics of the trade union movement different countries and the mechanisms of its influence on the formation of the labor market. For subsequent analysis of the activities of trade unions in different countries in the formation of the labor market, it seems appropriate to highlight the main features of the activities of workers’ associations in terms of professional qualifications.
The general task 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 receive additional preferences (payments and benefits) from the employer. As a rule, trade unions operate in two directions in the labor market:
- - promote the growing demand for labor of appropriate qualifications;
- - strive for a limited supply of skilled labor.
The most important area of activity of trade unions is the struggle for strengthening state regulation of labor relations, including in the professional and qualification context. Obvious integral part Such standardization is the minimum wage legislation. Its goal is to establish a minimum wage level that exceeds the equilibrium level. At the same time, average wage levels are increasing against the backdrop of a reduction in the number of hired workers. In some cases, trade unions become monopolists in the labor market by concluding agreements that oblige employers to hire only trade union members. Table 9 presents various forms of manifestation of the activities of trade union organizations in various models formation of a labor market for qualified labor.
Table 9
Forms of manifestation of the activities of trade union organizations under various models of formation of the skilled labor market
work force
|
The predominant form of manifestation of the activities of trade union organizations |
||
|
Model for stimulating labor demand |
|
|
|
Labor Supply Reduction Model |
|
|
|
Direct impact model |
|
Employment 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 dependence is closely related to different forms of government in different countries. Despite the similarity in the development of the economy and social sphere of countries with market economies, the employment policy in each of these countries, taken separately, has led to the formation of different labor market models.
The activities of public organizations in different countries are aimed at adjusting the labor market for skilled labor, and vary greatly in forms, methods and degrees of activity and influence. Based on the above generalized approach to analyzing the activities of public organizations, we can highlight the most significant characteristics of the joint position of workers and employers of 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 triggering mechanisms of reverse mutual influence on forecasting the needs of the economies of different countries in qualified personnel.
The analysis 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 terms of professional qualifications is most clearly manifested in the example of the EU, where, in addition to the “mechanism feedback“In each country there is also a supranational European social dialogue.
The parties to the negotiations are European associations representing employers and trade unions. Negotiating groups are partly appointed by affiliated national organizations, so that negotiations are not only carried out at 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 European social dialogue does not take place in strict isolation from social dialogue in the member states, where each country has its own feedback mechanism between civil society organizations and regulatory bureaucracies and legislatures. Activities at European level provide opportunities for social partners to learn from each other and build trust, which is a key factor in social partnership. The effectiveness of social dialogue at European and national level is interconnected 129 .
Both the Torino Process reports and the study on education-business cooperation note that social partnerships are often hampered either by a centralized approach or by a lack of capacity among social partners (Table 10).
Table 10
Factors hindering the establishment of effective social
partnerships and forms of their manifestation
- 129) Lempinen R. How social partnership works in practice The European Union. ETF Yearbook. 2011.
- 130) Compiled from: 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 August 5, 2017)
|
Factor hindering effective social partnership |
Forms of manifestation |
|
stands in stark contrast to the wide range of responsibilities that have been delegated to these partners by law. |
|
|
Public organizations and associations of employers and workers often do not show much interest in participating in solving issues of vocational training and education and more. general issues human capital development |
These issues are either not considered strategically important, or there is a lack of confidence that the public system is able to adequately meet the needs of public organizations and associations. |
|
Many social partner institutions do not have sufficient capacity and resources to address programmatic issues. |
Social partners are not prepared (or unwilling) to deal with issues in which they do not understand well. |
|
Most employers' associations in former socialist countries have been created recently and have not yet reached the required level of development. |
Community organizations have been created over the past two decades. In socialist countries, trade unions were closely linked to the ruling regime and played a very different role from the one they play today. |
Therefore, at the ETF conference in June 2016, issues were discussed about changing the form of interaction between ETFs, national governments and social partners, which was reflected in the title 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 legislation, when it comes to representatives of workers and employers, the English term “management and labor” is also used. In American 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 enter into 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, ultimately constitute 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 created to promote the collective interests of employers. These interests include issues such as working conditions and social protection in relation to employment, including labor legislation. Currently, most employers' organizations also represent the business interests of their affiliated enterprises. As a rule, they are united in various associations, associations, chambers of commerce, etc.
International terminology makes a distinction 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 in a broad sense. In principle, this does not include activities to create a more favorable business environment, such as work on regulations, infrastructure or research and development. However, in practice, most modern employers' organizations also cover this aspect of working with enterprises.
The most common organizations for working with enterprises are chambers of commerce and industry or chambers of crafts, which exist throughout the world. Chambers are organizations that work to promote the interests of businesses. They are often consulted by government officials when it comes to preparing new legislation or developing policies related to industry or trade.
In many countries, chambers of commerce require mandatory membership for businesses. They are government agencies, working on a self-supporting basis, and often work under government supervision. These chambers perform functions delegated to them by state authorities. Their responsibilities may be related to regional development, business registration, promotion foreign trade or with vocational training. Such chambers exist in Germany, Spain and Japan, as well as in ETF partner countries. There are also voluntary membership chambers that work to promote common interests and networking between businesses.
Other business associations represent the interests of various industry enterprises. Their purpose is usually to protect industry interests on a 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 SEEP, operate at EU level. They have the opportunity to maintain an ongoing dialogue with the European Commission, which also supports and promotes bilateral social dialogue at EU level.
The supranational level of dialogue can be represented by such examples as the International Organization of Employers (IOE) and the International Trade Union Confederation (ITUC), which are global organizations whose members include the majority of independent national organizations of social partners.
Both EU and ITUC work in direct cooperation with the International Labor Organization (ILO). UE represents 150 national employers' associations from 143 countries. As a rule, the EU membership includes one organization from each ILO member state. The main task of the EU is to promote and protect the interests of employers in international forums, especially those held by the ILO. The EU's mission is to ensure that international labor and social policies are 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. ITUC's mission is to promote and protect the rights and interests of workers through international cooperation between trade unions, conducting global events and campaigns to protect their interests within major global institutions. There are several regional and international trade union structures within the ITUC.
Figure 23 shows a basic block - interaction diagram various forms public organizations at various levels of social partnership.
Rice. 23.
Independent employers' organizations and trade unions usually work on the principle of "vertical upward transmission of labor market signals." The basis of organization is the enterprise or workplace level, where workers are organized into a basic union to negotiate or dialogue with their employers and with individual enterprises.
The second and usually most important level of organization is the industry level, which is sometimes supplemented by regional organizations. Enterprises unite into industry federations that represent the interests of employers within a specific economic sector. Their partners are trade unions representing workers from the same industry. Industry organizations can be affiliated with cross-industry organizations.
At the next level are national confederations that have affiliated unions or organizations representing all or several industries. Many countries have several confederations or central organizations, which compete with each other. This means that there may be several trade unions or employers' organizations within the same industry. The organizational structure and operating principles of such organizations vary from country to country.
Social partnership means working together and sharing responsibilities between different actors. In practice, this means involving social partners in the development, implementation and evaluation of policies in collaboration 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 to identify and implement socially significant tasks.
Let us specify the levels of interaction:
Level A. Based on a two-way dialogue between employee representatives (trade unions) and the management of the organization, a dialogue is carried out on a specific issue, the relevance of which is unstable (weakening/increasing). Formalization of the process: local regulations, addition to collective agreements, etc.
Level B. If there are repeated 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 regulatory government regulation. Formalization of the process: 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 the norms of international law. Formalization of the process: taking into account the norms of international law adopted and duly agreed upon in legislative activities.
After the adoption of a legislative act with the specified restrictions, the cycle can be repeated several times, as the legislative framework and law enforcement practice are improved.
The example of EU countries shows that social dialogue promotes employee participation in learning. Employees of those organizations where there are trade unions, have more opportunities for training and advanced training. Moreover, the larger the enterprise, the more agreements there are on continuous professional training.
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 participating in the policy development process, social partners play a highly practical role in the development of educational programs and delivery of training. In principle, the practical actions of social partners within the framework of vocational education and lifelong learning can be divided into the following areas:
- 1. Participation in the development of the system of lifelong education and promotion of labor mobility.
- 2. Improving the quality and efficiency of education systems and training of professional personnel.
- 3. Improving professional and educational standards, qualifications and qualification frameworks based on information about the situation on the labor market.
- 4. Provide training at their own training centers or through apprenticeships and on-the-job training.
- 5. Certification of training, legalization and recognition of informal and non-formal training.
- 6. Member orientation services including awareness raising (career guidance and counselling).
The European Union pays great attention to improving the balance of supply and demand for labor, implementing the EU 2020 strategy and, in particular, the New Skills for New Jobs program. To develop a skilled workforce with the “right mix of skills” to meet labor market needs, there is broad support for new approaches to forecasting and balancing labor supply and demand to ensure quality work and lifelong learning opportunities. The EU Qualifications Framework initiative, launched in 2011, brings together various initiatives aimed at forecasting and balancing labor supply and demand.
Forecasting and balancing depend on the results of three basic knowledge functions: gathering and analyzing evidence-based information and forecasting; transmission and dissemination of information; use of information, implementation of policies.
w) 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 August 15, 2017)
The practice of influence of public organizations on the formation of the labor market in terms of qualifications can differ significantly depending on the timing of consideration of tasks and their prospects. Table 12 presents characteristics of the structure of the classification 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 individual surveys of individuals or enterprises (micro-level), to surveys of entire economic sectors or regions (meso-level), to impact on the national economy and national systems(supranational/macro level). Timing parameters cover periods that are divided into short-term, medium-term and long-term.
Table 12
|
Forecasting levels (forecasting subjects) |
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 workers of certain qualifications - company level. Surveys on the advancement of workers in the labor market |
||
|
Meso level (industries, regions) |
Employer surveys, vacancy monitoring |
Analyze skills needs in specific industries. |
|
|
Macro - level (macroeconomic, national level) |
Quantitative Industry Forecasts |
National or regional quality forecasts |
Methods for forecasting the demand for professional skills and their supply can also be classified based on the methodology used:
- - quantitative, formal, model-based forecasts (mostly based on macro-level studies 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 workers (mainly at the micro level and involves actions in the short term).
The study of the influence of public organizations using the algorithm of the feedback mechanism of public organizations with the labor market in the context of qualifications (Figure 24) allows us to make a comparable qualitative assessment of such influence 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 August 15, 2017)
|
Model name |
Forms and degree of influence |
|
|
Swedish model |
|
|
|
Chinese model |
limited compliance with ILO requirements. |
|
|
Turkish model |
|
In modern international relations, international organizations play a significant role as a form of cooperation between states and multilateral diplomacy.
Emergence international organizations in the 19th century was a reflection and consequence of an objective trend towards the internationalization of many aspects of society. Since the creation of the Central Commission for Navigation on the Rhine in 1815, international organizations have been given their own competence and powers. A new stage in their development was the establishment of the first international universal organizations - the Universal Telegraph Union (1865) and the Universal Postal Union (1874), which had a permanent structure.
An international organization is an organization established by an international treaty, designed to coordinate on an ongoing basis the actions of member states in accordance with the powers granted to it.
Similar definitions are found in international legal acts. See: Convention on the legal status, privileges and immunities of interstate economic organizations operating in certain areas of international cooperation, 1980 // SMD. Vol. XXXVIII. P. 179. Organizations go by a variety of names: organization, foundation, bank, union (Universal Postal Union), agency, center. It is known that the UN is called “United Nations” in other languages. All this does not affect the status of organizations.
Various criteria can be applied to classify international organizations. According to the nature of their membership, they are divided into interstate and non-governmental.
Based on the range of participants, international interstate organizations are divided into universal, open to the participation of all states of the world (UN, its specialized agencies), and regional, whose members can be states of the same region (Organization of African Unity, Organization of American States).
Interstate organizations are also divided into organizations of general and special competence. Activities of organizations general competence affects all areas of relations between member states: political, economic, social, cultural, etc. (for example, the UN, OAU, OAS).
Organizations of special competence are limited to cooperation in one special area(for example, the Universal Postal Union, the International Labor Organization, etc.) and can be divided into political, economic, social, cultural, scientific, religious, etc.
Classification by the nature of powers allows us to distinguish between interstate and supranational or, more precisely, supranational organizations. The first group includes the vast majority of international organizations whose purpose is to organize interstate cooperation and whose decisions are addressed to member states. The goal of supranational organizations is integration. Their decisions apply directly to citizens and legal entities of member states. Some elements of supranationality in this understanding are inherent in the European Union (EU).
From the point of view of the procedure for joining them, organizations are divided into open (any state can become a member at its own discretion) and closed (admission to membership is carried out with the consent of the original founders).
The term “international organizations” is used, as a rule, in relation to both interstate (intergovernmental) and non-governmental organizations. However, their legal nature is different.
An interstate organization is characterized by following signs: membership of states; existence of a constituent international treaty; permanent organs; respect for the sovereignty of member states. Taking these features into account, it can be stated 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. Such organizations are subjects of international law.
The main feature of non-governmental international organizations is that they were not created on the basis of an interstate agreement and unite individuals and/or legal entities(for example, the Association of International Law, the League of Red Cross Societies, the World Federation of Scientists, etc.).
All this determines the international legal personality of the organization, the will of which does not necessarily coincide with the will of each of its members.
International organizations are bodies for cooperation between states; they are not supranational in nature. international Court The UN has repeatedly emphasized that there is nothing in the nature of international organizations that would allow them to be viewed as something like a superstate. The organization has only the competence that states have vested in it. See: ICJ. Reports. 1980. P. 89, 103.
At the same time, today there are supranational, suprastate organizations. States have delegated to such organizations the exercise of certain sovereign powers. On certain issues they can make decisions that directly bind individuals and legal entities. Moreover, such decisions can be made by a majority vote. These organizations have a mechanism for enforcing their decisions. The European Union has supranational powers. At the same time, supranational powers are limited to certain areas. The extension of these powers to all spheres of state life would mean the transformation of a supranational organization into federal state. Specialized organizations have some features of a supranational organization, although in general they are not such. Organizations such as the International Telecommunication Union (ITU) or the International Civil Aviation Organization (ICAO) enforce their standards quite strictly. Violation of the rules developed by these organizations practically means the impossibility of conducting relevant activities on an international scale.
The founding act of an organization is an international treaty. Because of this, the law of international treaties applies to it. At the same time, the charter is a special kind of agreement. According to the 1969 and 1986 Vienna Conventions on the Law of Treaties, their provisions apply to a treaty that is the constituent instrument of an organization, without prejudice to any relevant rules of that organization. The rules of an organization mean not only the charter itself, but also decisions and resolutions adopted in accordance with it, as well as the established practice of the organization. The specificity of the charter as an agreement relates primarily to the procedure for participation and termination of participation.
A very special position in international law is occupied by the UN Charter, which is considered as a kind of constitution of the world community. According to the Charter, in the event of a conflict with other obligations of member states, the obligations under the UN Charter shall prevail.
Growing need for improved controllability international system determines the expansion of the powers of organizations, which are mainly determined by the charters. Revising statutes is a complicated matter. The real development of their content is used as a way out. For these purposes, resort to two main means: implied powers and dynamic interpretation of statutes.
Implied powers are additional powers of an organization that are not directly provided for by its charter, but are necessary to achieve its goals. International treaties refer to such powers. They were also confirmed in the acts of the International Court.
In the Advisory Opinion on the WHO's request on the legality of the state's use of nuclear weapons in Armed Conflict (1996) The Court, drawing on previous international judicial practice, stated: “The exigencies of international life may make it necessary for organizations, in order to achieve their objectives, to have additional powers that are not expressly provided for in the primary instruments governing their activities. It is generally accepted that international organizations may exercise such powers, known as “implied” powers ".
Dynamic interpretation means such an interpretation of the charter that develops its content in accordance with the needs of the organization in the effective implementation of its functions. Swedish professor O. Bring writes: “During recent years we see how the Charter of the United Nations is interpreted flexibly and dynamically in order to meet the acutely felt needs of the world community." International Law as a Language for International Relations // UN. 1996. P. 503.
Today the UN is not at all the organization it was in the early years of its existence. Changes occur without a formal change in the statutes as a result of practices recognized by member states. The customary rules developed in this way have become an important part of the law of every organization.
Specific example: By Resolution 955 (1994), the UN Security Council established the International Criminal Court for Rwanda, citing Sec. VII of the Charter "Action regarding threats to the peace, breaches of the peace and acts of aggression." But in this chapter there is no hint of the possibility of establishing such a body. Chapter V provides for the possibility of establishing subsidiary bodies, but they cannot include a body with the same powers as a criminal court. Despite all this, states' support for or tacit acceptance of a Security Council decision gives it legitimacy. This seems very important path development of the law of international organizations.
Supranational organizations created to formulate rules binding on member states and mechanisms for monitoring and enforcing 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 scope of international regulation, international organizations are classified as:
International economic organizations regulating economic and industrial cooperation and sectors of the world economy;
International economic organizations regulating world trade;
International monetary and financial organizations (International currency board, World Bank institutions, etc.);
International and regional organizations regulating business activities (Inter-American Investment Corporation -
MAIK, Northern Investment Bank - NIB, etc.);
International non-governmental organizations and associations promoting the development of world economic relations (Paris Club).
Rybalkin V.E. divides international organizations by the nature of their membership into interstate and non-governmental. At the same time, noting that an interstate organization is characterized by the following features: membership of states; existence of a constituent international treaty; permanent organs; respect for sovereignty; member states (for example, the IMF). Taking into account these features, 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 were not created on the basis of an interstate agreement, the members of which can be associations of producers, companies, firms, scientific societies and other organizations.
The same source, from the point of view 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 type, international financial institutions in modern international relations they 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, harmonize them, develop on this basis a common position and will, determine relevant tasks, as well as methods and means of solving them. The main phases of the organization's activities consist of discussion, decision-making and monitoring its implementation. This implies three main types of functions of an international organization:
regulatory, control, operational.
Functions should be understood as the external manifestations of the processes of its activities to perform the tasks assigned to it. In this case, the organization has the right to perform its functions only within the competence assigned to it.
The regulatory function is the most important today. It consists of making decisions that define the goals, principles, and rules of conduct of member states. Such decisions have only moral and political binding force, however, their impact on interstate relations and international law cannot be underestimated: it is difficult for any state to resist the decision of an international organization.
Resolutions of organizations do not directly create international legal norms, but have a serious impact on both the law-making and law enforcement processes. Many principles and norms of international law were originally formulated in resolutions. They have the important function of updating international problems by confirming and concretizing them in relation to the realities of international life: applying norms to specific situations, organizations disclose their content.
Control functions consist of monitoring the compliance of states' behavior with international law, as well as resolutions. For these purposes, organizations have the right to collect and analyze relevant information, discuss it and express their opinions in resolutions. In many cases, states are required to regularly submit reports on their implementation of the norms and acts of the organization in the relevant field.
International organizations performing certain supranational functions. They have exclusive competence on a number of issues and limit the functions of member states in resolving such issues. They have the right to oblige their members to obey its decisions without their consent, if the decision is made by a majority vote. 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 within the internal competence of the state according to its constitution
· In order to regulate these issues, the power to create rules binding on Member States and mechanisms for monitoring and enforcing compliance with these rules by Member States
· The right to oblige and authorize individuals and legal entities of Member States
· Assigning broad powers to create rules and monitor their compliance to non-representative bodies, i.e. international employees
· The European Union is an example of an international organization of a supranational type
· 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, harmonize them, develop on this basis a common position and will, determine relevant tasks, as well as methods and means of solving them. The main phases of the organization's activities consist of discussion, decision-making and monitoring its implementation. This implies three main types of functions of an international organization : regulatory, control, operational.
Regulatory function is the most important today. It consists of making decisions that define the goals, principles, and rules of conduct of member states. Such decisions have only moral and political binding force, however, their impact on interstate relations and international law cannot be underestimated: it is difficult for any state to resist the decision of an international organization.
Resolutions of organizations do not directly create international legal norms, but have a serious impact on both the law-making and law enforcement processes. Many principles and norms of international law were originally formulated in resolutions. They own important function updating international problems by confirming and concretizing them in relation to the realities of international life: by applying norms to specific situations, organizations reveal their content.
Control functions consist in monitoring the compliance of states' behavior with international law, as well as resolutions. For these purposes, organizations have the right to collect and analyze relevant information, discuss it and express their opinions in resolutions. In many cases, states are required to regularly submit reports on their implementation of the norms and acts of the organization in the relevant field.
Operational functions international organizations are to achieve goals using the organization’s own means. In the vast majority of cases, the organization influences reality through sovereign member states. At the same time, the role of direct activities is gradually growing. Organizations provide economic, scientific, technical and other assistance, and provide consulting services.
International organizations can be classified according to a number of criteria.
1. Depending on the circle of members, organizations of general or limited membership are distinguished.
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.
Such organizations include organizations of the UN system - the UN itself and specialized agencies associated with it under agreements.
Organizations of limited membership can be regional, i.e. open only to 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. In the organisation economic cooperation and development, only industrialized countries participate. Members of the Organization of Petroleum Exporting Countries are countries whose main source of income is oil exports.
2. Depending on the nature of their competence, organizations are divided into those with general and special competence. . In the first case, competence is not limited to any one area of cooperation. An example is the UN, which can consider almost any international problem. The exception is specific issues falling within the competence of its specialized institutions. Such broad competence cannot but affect the powers of universal organizations that do not have the right to adopt mandatory decisions, and therefore are limited to discussion and acceptance of recommendations. In the name of ensuring peace an exception is made only for the Security Council The UN, which can make legally binding decisions in certain cases.
3. According to the ratio of the volume of competence transferred by states to an international organization, distinguish:
¾ intergovernmental organizations performing coordination functions , in which the redistributed competence remains joint for the state and the organization;
¾ international organizations performing certain supranational functions , having exclusive competence on a number of issues and limiting the functions of member states in resolving them. An example is the mandatory implementation of decisions of the IMF and the World Bank in the monetary and credit sphere for participating countries;
¾ supranational organizations , created to formulate rules binding on member states, and mechanisms for monitoring and enforcing 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. By organizational basis international economic organizations are divided into:
¾ international economic organizations of the UN system;
¾ international economic organizations that are not members 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 organization Tourism, 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 and exporting countries of food and raw materials);
¾ international monetary, credit and financial organizations (International Monetary Fund, World Bank institutions);
¾ international and regional organizations regulating entrepreneurial activity(UN Commission on TEC, etc.);
¾ international non-governmental organizations and associations promoting 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 called intergovernmental. Parts of the state cannot be members of an international organization. All members participate equally in the work of the organization’s bodies and are responsible for its activities. They make contributions to the organization’s budget, including in unequal shares. For example, in UN funding, the United States accounts for 25% of all expenses, Japan - 19.9%, Germany - 9.8%, France - 6.5%, Italy - 5.4%, Great Britain - 5.1%, Spain - 2.6%. The share of other countries accounts 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 economically more developed members of the organization on less developed ones.
After the Second World War, the colonial countries did not meet the requirements for members of international organizations and were not interested in the activities of the organizations. To solve the problem it was used associate membership . It differs from full membership in the absence of the right to vote and be elected to executive bodies. Nowadays, 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.
In international organizations there is also observer status . It is provided to non-member states or member states that are not part of an organ of the organization. Switzerland has been represented as observers at many sessions of the UN General Assembly. Most UN members send observers to Security Council meetings. 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 main meetings and receive documents.
Often, non-governmental organizations are provided with consultative status , which is close to the observer status. This practice is typical for the UN Economic and Social Council. Membership terminates 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 continuation state of the USSR.
International organizations performing certain supranational functions have exclusive competence on a number of issues and limit the functions of member states in resolving such issues; have the right to oblige its members to obey its decisions without their consent and against their consent if the decision is made by a majority vote.
The World Trade Organization, the World Bank and the International Monetary Fund are international organizations of a limited supranational type.
Let us look in more detail at each international economic organization of a supranational type.
International trade in goods and services is regulated by several international organizations, the most important of which is the World Trade Organization.
The WTO is an international organization formed as a result of the Uruguay Round of negotiations on January 1, 1995.
The Agreement establishing the WTO contains 29 legal instruments and 25 ministerial declarations that define the rights and responsibilities of states within the multilateral trading system. As of the beginning of 2011, there were 153 states in the WTO.
Basic principles of the World Trade Organization:
1. Trade without discrimination on the basis of most favored nation and national treatment.
2. Liberalization international trade through multilateral negotiations to reduce customs tariffs.
3. Application of measures restricting imports only on the basis of WTO rules.
4. Predictability of trade policy and promotion of competition.
The main objectives of the WTO are:
1. Improving the standard of living of the population of member countries.
2. Ensuring full employment of the country's citizens.
3. Ensuring the growth of real incomes of the population and demand.
4. Expansion of production and trade in goods and services.
5. Development and protection of the environment.
6. Providing special conditions for economies developing countries.
Main functions of the World Trade Organization:
a) implements and administers signed agreements;
b) acts as a forum for negotiations;
c) resolves disputes between member states;
d) carries out reviews of the trade policies of various member countries;
e) coordinates issues in the formation of global economic policy.
Structure of the World Trade Organization:
· The conference is supreme body(meets once every two years).
· The General Council directs the activities of the organization between conferences.
The General Council includes a dispute settlement body and a trade policy review body.
The structure of the WTO includes Councils: on trade in goods, on trade in services, on the protection of intellectual property rights.
Recently, the topic of Russia's accession to the World Trade Organization has been widely discussed. According to the forecasts of the Ministry of Economic Development, this should happen in 2012. Some leaders of the country interpret this turn of events as exceptional luck. On the one hand, it becomes possible to promote domestic products in international markets. But on the other hand, heavy engineering and domestic industry in general may turn out to be uncompetitive not only abroad, but also in the domestic market.
The issue of Russia's entry into the WTO has been discussed for more than 18 years, but not in any Federal law there is no mention of the possibility of the country joining this organization.
However, in October 2010, Russian and US Presidents Dmitry Medvedev and Barack Obama announced the successful completion of Russian-American negotiations on Russia's accession to the World Trade Organization.
Consequently, all external obstacles on Russia's path to the WTO have been eliminated - the United States was the penultimate country with which Russia has so far been unable to reach an agreement during bilateral negotiations. True, there is also Georgia, which never agreed to Russia’s accession to the WTO. But after the successful completion of negotiations between Russia and the United States, she was left in splendid isolation. WTO members hedged their bets in advance: after the 2008 war, Georgia was removed from the working group on Russia’s accession, and now it cannot unilaterally block Russia’s accession to the WTO. The WTO Commission must prepare a special report on the acceding country.
The report must be approved by WTO members by a 2/3 majority. It is this document that will officially establish a list of measures that Russia must take in order to comply with WTO requirements, as well as transition periods for eliminating each of the non-compliant parameters. According to the WTO charter, these periods can range from one to seven years.
Based on the requirements, accession to the WTO will directly affect the Russian population. This is explained by a number of circumstances:
first circumstance, this will affect the cost utilities. Currently, internal tariffs for gas and electricity do not differ much (no more than 7-10%) from external tariffs. In this case, Russian consumers should not receive preferences in relation to external tariffs.
If WTO requirements are strictly followed, tariffs for citizens of the Russian Federation must be at least 90% of export prices. Current gas tariffs for the population need to be increased by 211%, and electricity tariffs by 96%.
Second circumstance Based on the above, it is necessary to increase the wages of Russians to the European level (minimum - €950, average - €1800). But this cannot be done, since then its gap from labor productivity, which is now 2.5 times less in Russia than in the European Union, will become even greater.
All that remains is to gradually and simultaneously increase tariffs, wages, and productivity. To mitigate the social shock, bargain with the WTO for a maximum period of transition to “correct” tariffs - seven years. Taking into account Russian inflation, gas tariffs will have to increase by 38% per year. Russian citizens are accustomed to a 20% annual increase in tariffs, but the WTO will “try” to accustom them to a 38% increase. There is little hope that Russia will be able to negotiate exclusive terms. If the deadlines for Russia are increased, then the increase in tariffs for the population will be more moderate - close to the current situation.
In our opinion, joining the WTO should not bring trouble to the Russian population, which is due to a number of circumstances:
first circumstance, the country has very expensive bank loans. During the global financial crisis (2008 -2009), the cost of consumer loans in the United States doubled on average, from 2.5 to 5% per annum. In Russia - from 18 to 35%.
Of course, inflation is higher in Russia. But the cost of credit resources is largely influenced by the characteristics of the national banking system. Russia's accession to the WTO should, in theory, eliminate these features. According to the logic of the WTO, foreign consumers of loans should not have advantages over Russian consumers;
second circumstance, introduction of Western standards in Russia insurance will significantly improve the domestic market. We can talk, for example, about the massive introduction of such a very cheap and therefore industrially popular developed countries ah product, like life insurance (today in Russia this type of insurance is extremely poorly developed).
third circumstance, an undoubted advantage for the population of the country will be decline, and maybe abolition of import duties on numerous groups of goods.
Obviously, this means cheaper retail prices. A special story here, of course, is foreign cars. A reduction in their prices, of course, will please the consumer, but it will be a shock for workers in the domestic automotive industry, which may lead to social tension in the country.
fourth circumstance, no less important question subsidies to agriculture. The agreed WTO requirements reserve the right for Russia to subsidize its producer by $9 billion per year. This is almost double the existing subsidies: even during the current drought, their total did not exceed $4.7 billion.
Thus, the WTO is not a panacea for all ills, but it is not poison either. Rather, it is a bitter medicine that forces manufacturers in each country to be efficient and globally competitive. The population will have to work harder. New consumption opportunities are opening up and the quality of life is improving. In the end, everyone wins. True, one cannot say that it is necessarily fast.
The structure that regulates global monetary relations is the World Bank (World Bank). The head of the World Bank is Robert Zellick.
Structurally, the World Bank is a group of financial institutions that have one strategic direction of activity, but several different tactical objectives. First of all, this:
· International Bank for Reconstruction and Development (IBRD), which is the basis of the World Bank.
· International Association Development Agency (IDA), which deals with the development of the poorest countries.
· The International Finance Corporation (IFC) facilitates the flow of capital from private investors from industrialized countries to developing countries.
· International Center for the Settlement of Investment Disputes (ICSID).
· Multilateral Investment Guarantee Agency (MIGA).
In December 1945, 29 states ratified the agreement to join the organization. The practical activities of the World Bank began on June 25, 1946.
The main goals of the World Bank:
· reconstruction and development of the economies of member countries;
· promoting the development of international trade;
· stimulating the attraction of foreign capital into the economies of member countries (the desire to attract private capital);
· providing development loans to member countries in cases where it is not possible to obtain private investment on terms acceptable to the country.
The World Bank's lending activities are quite large-scale and aim to stimulate the development of private business. Moreover, each of the credit institutions included in the World Bank has some specifics in conducting its own operations. Before making a decision on lending, all information about the borrower is collected through a survey national economy countries by a group of World Bank experts. This mission develops recommendations to the national government, which, as a rule, affect not only the economic, but also the social and political aspects of society.
Lending is carried out only if the government of the borrowing country agrees to accept these recommendations for implementation. If the recommendations are rejected, the country not only will not receive a World Bank loan, but also risks being rejected by the IMF and major donor countries. This is because the World Bank chairs a number of international credit unions.
The basis of the World Bank is the International Bank for Reconstruction and Development, which includes 184 member countries. Structurally, the IBRD consists of:
· from the Board of Governors (one representative from each country);
· from the Executive Board (or directorate) - 24 directors. The main task is to resolve issues regarding the issuance of loans.
The five countries represented on the Executive Council (Great Britain, Germany, USA, France, Japan) have the largest quota, the remaining states represent an elected directorate. Votes are distributed: 250 base votes plus one vote for every $100 thousand. For example, the USA has 17.0% of the votes, Russia has 1.8% of the votes.
· President of the Bank - the highest position (representative of the USA).
The authorized capital of the IBRD is significantly smaller than that of the IMF, since it relies on its own funds (15% - the Bank plus 85% - borrowed funds obtained by issuing bonds).
The total amount of loans issued by the IBRD over the 65-year history of its activities exceeds $250 billion, with more than a third occurring in the 90s. XX century
The IBRD requires government guarantees for all its loans. The terms of the loan are long-term (from 8 to 30 years), the loan can be provided for a period of 10-30 years, and 15-30 years.
Interest rate not fixed, that is, it changes depending on the project, period, type (the rate is lower than others). The margin is relatively small, usually 1% per annum. The total amount of loans provided by the IBRD per year is 6-8 billion dollars.
The total volume of financing for the Russian Federation from the IBRD amounted to about 10 billion dollars (two oil, one gas loan; electric power; pension system; roads). 1/10 of the roads (in km) were built or restored with money from the World Bank. In the 90s In the 20th century in Russia, the IBRD financed 50 projects. A project was planned to finance housing in our country (approximately 4 billion dollars), but in the end the bank allocated a meager amount.
The third element of international organizations of a limited supranational type is the International Monetary Fund.
One of the main organizers of international cash flows is the International Monetary Fund. This institute was created with the aim of regulating monetary and financial and monetary and credit relations emerging between the member states of this fund.
As noted earlier, the establishment of the IMF took place at a UN conference (July 1-22, 1944). Then representatives of 44 states, including the USSR, adopted the Fund's Charter, which came into force on December 27, 1945. The IMF began its practical activities in May 1946 in Washington, relying on the participation of 39 countries. The USSR did not ratify the agreement on the formation of the International Monetary Fund due to the outbreak of cold war"between East and West. During the 50-60s. In the 20th century, Poland, Cuba, and Czechoslovakia did the same.
Refusal of socialist construction and the collapse of the Soviet bloc in the 80s. The twentieth century led to a significant expansion of the fund's participants, total number which reached 178 on July 1, 1994, 184 on January 1, 2005, and 185 countries on January 1, 2011. Russia joined the IMF on June 1, 1992. Cuba and North Korea are not currently members of the IMF.
The main tasks of the International Monetary Fund:
1. Achieving stable functioning of the currency system.
2. Stabilization of the national currency systems of member countries.
3. Stabilization of exchange rates of member countries.
4. Preventing the depreciation of national monetary units.
5. Have a positive balance of payments in trade between member countries.
The main task of the IMF is to provide loans to member countries in foreign currencies to eliminate the deficit in their balance of payments.
The structure of the International Monetary Fund was formed in July 1944. Legislature is the Board of Governors, which meets once a year. Each country has a governor and an alternate. As a rule, these are ministers of finance or heads of central banks.
The main functions of the Board of Governors include:
· admission of new members;
· determination of the budget and adoption of the financial report;
· profit distribution;
· election of the executive board.
Executive body is the executive board (directorate) - a permanent body consisting of 24 people. Distributing Director (since 2004 Rodrigo de Rato representative of Spain).
Each state pays about 25% of its quota in SDRs or in the currencies of other members, and the remaining 75% in national currency.
The amount of assistance provided depends on the state contribution to authorized capital IMF. When joining the Fund, states pay a certain amount of funds, called the quota contribution. The IMF independently determines the size of the quota contribution based on an analysis of the wealth of states and their economic indicators. The size of quotas is reviewed once every five years. As of 2009, based on the size of quotas, votes among member countries in governing bodies were distributed: 17.5% of votes - USA; 6.13% of votes – Japan, Germany - 5.99%; Great Britain - 4.95%, France - 4.95%; Italy - 4.18% Saudi Arabia -3.22%; Russia -2.74% of votes.
For comparison, we note that 34 OECD countries have a combined 60.35% of votes in the IMF. The share of other countries, constituting over 84% of the Fund's membership, accounts for only 39.75%. The share of EU member countries is 30.3%.
The next quota review is planned to be accelerated and completed in the first half of 2011. It is expected that this measure will lead to increased representation of dynamic emerging market and low-income countries.
The executive board includes appointed members: Great Britain, Germany, USA, France, Japan. Individually elected: China, Russia, Saudi Arabia, and 16 members are elected for two years according to regional quotas.
Currently, global trade volume is approximately 7.5 trillion. dollars, and the IMF issues loans only about 2% per year.
The main reasons for the change in the issuance of loans by the International Monetary Fund at the end of the twentieth century include: 70s. – oil crisis, 80s. – debt crisis, 90s. – emergence of transition economies.
The interest rate is revised weekly (approximately 3% per annum).
Until 1996, the loan received from the IMF did not reach Russia, since the government invested it in more profitable forms (for example, bonds). The loan allocated by the International Monetary Fund could not be used to increase the number of law enforcement agencies (army, police, Federal Security Service); pay pensions and wages.
Serious shocks that the global economy had to face in 2008-2009. led to a significant increase in IMF financing needs. To ensure that the Fund has sufficient resources to meet these needs, the G-20 agreed in April 2009 to triple the resources available to the IMF from their pre-crisis level of approximately $250 billion.
The International Monetary Fund was created as an organization that determines the principles and rules for the functioning of the international financial system. This function remains decisive in the activities of the Foundation today. The development of stabilization economic programs for most countries of the world allowed the IMF to turn into a kind of intellectual economic center on a global scale.
Criticism of the IMF after the failure to effectively overcome the crisis of 1997-1998. and to anticipate the global financial crisis of 2008-2009, was associated mainly with four problems:
first problem, were not taken into account when drawing up reform programs national characteristics;
second problem, the proposed stabilization programs were designed for a quick final result (shock therapy);
third problem, inability to foresee the development of crisis phenomena both at the regional level (Asia and Russia) and on a global scale;
fourth problem, excessive politicization of the Fund’s programs and its use in the interests of certain countries.
However, the past years have shown that, despite serious criticism of the IMF, the Fund was able to achieve a number of important tasks with relative success. Let's name some of them:
· by the mid-90s of the twentieth century, it was possible to reduce the level of inflation compared to 1970 - 1980;
· under the influence of the IMF, many countries experienced a significant improvement in the balance of payments;
· at the end of the 80s. XX century The fund played important role in resolving the international debt crisis by writing off and reducing the debt burden of developing countries of the world;
· countries with economies in transition were provided with assistance in building market relations;
· The Fund responded correctly to criticism and took serious measures to reform almost all aspects of its work.
To summarize, we note that supranational organizations have their own characteristics. Let's call them: first, they have the right to intervene in matters within the internal competence of the State, according to its Constitution; second, in order to regulate these issues, they have the power to create: rules binding on member states; mechanisms for monitoring and enforcing compliance by member states with these rules; oblige and authorize individuals and legal entities of the Member States; vest broad powers to create rules and audit compliance with non-representative bodies, that is, international officials.