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In order to understand international organizations, we must first understand the concept of "subject". Because international organizations are one of the most important actors of international law, besides the main subject states. In order to understand the concept of subject, we need to pay attention to the distinction between "objective law" and "subjective right". The objective legal method allows us to identify the sources of law. Objective and binding rules determine both the scope of the law it regulates and how it will be applied. The subjective right method, on the other hand, serves to identify the subjects of this law. Because the units that the objective law grants subjective rights and competences constitute the subjects that will take place as actors in the application area of this law. However, this relationship does not require us to make a general comment that "subjective right arises from objective law". On the contrary, we can say that objective law arises from the will of subjects with subjective rights to set general and binding objective rules.
Units that can have rights and obligations (entitlement), have the capacity to seek rights, and can assert these rights before the court (party capacity) are considered "subjects". Since international law is a field that is constantly changing and developing, the concept of subject may change in this field of law. This historical journey is the reason why international organizations have started to be accepted as subjects.
International law; It has developed step by step as classical, modern and today. In the Classical period, which lasted between the 16th and 19th centuries, states tried to solve their problems with bilateral treaties, especially as the interests of different states began to clash frequently with geographical discoveries. In this period, states are the only subject of international law, they are still considered as the main subject. Great wars, massacres etc. in the 19th century. As a result, it has been understood that bilateral relations between states are insufficient and objective law is needed. The search for a more humane law and order has led states to organize and to impose international "binding" provisions by giving up some of their subjective rights. This means the transition to the modern era. States came together at various conferences and wanted to ensure "peaceful settlement of conflicts" and "limitation of the right to war" by setting more "common" rules. International organizations, which are specialized in various fields and geographies, have emerged to meet the need for these "reliable and predictable" relations in international dimensions. In the 20th century, the present period has passed and the international organization has gained importance in a way to cover the previous two periods. States have realized that they can achieve peace and order not only by establishing various organizations, but also by giving these organizations the necessary importance and legitimacy. Due to the necessity of acting more together, international law has evolved as the law of the international community, which is not only composed of states. The Convention on Human Rights was signed and the peaceful settlement of disputes was arranged. A prohibition on the use of force was introduced and with the 1928 Paris Pact, hostile methods were prohibited in resolving disputes.
The fact that organizations have gained such importance and institutionalization over time, especially in practice, necessitated the acceptance that they have rights and competencies. As a result, international organizations have become subjects of international law as actors with rights and competencies.
Basic Characteristics of International Organizations
Let's try to define international organizations, to specify their basic features and their differences from other similar institutions.
The first definition initiatives came from bodies tasked with enforcing and codifying law, such as the International Court of Justice and the International Law Commission. In the light of these definitions and the various advisory opinions of the ICJ, we can list five main features that distinguish international organizations from similar organizations:
They are established by treaty: Organizations are made up of many states that want to achieve the same goal. The founding agreement is formed with the declarations of will put forward by these states.
They have institutional aspects, their own organizations: These institutional structures and arrangements are unique to the organization and are contained in its founding treaty. The specific political, legal, geographical, etc., which international organizations are established to realize. has purposes. However, in order to achieve this, they must operate “continuously”. Institutional structure is the expression of this continuity element. It occurs in the form of organizational organs and decision mechanisms. Organizations exercise their authority through these bodies. The institutional structure is also proof that the organization has a separate existence from the member states. In this way, organizations; they can operate as fair decision-making mechanisms independent of member states.
They are subjects of international law: Organizations acquire the legal capacity they need to achieve their goals.
They are functional organizations: While talking about the emergence of organizations on the stage of history, we talked about the problems that states could not solve alone or through bilateral agreements. Therefore, every organization should have the function of solving the underlying problem of the organization. Other features of the organization; its structure, activities,… are determined depending on this function.
They are institutions of cooperation: The philosophy of "solving problems by acting together" should not be forgotten at the very beginning and at the base of the process. In this respect, organizations can be defined as the institutionalized form of inter-state cooperation. States participating in the cooperation are obliged to be subject to common rules.
In addition, we should state that there is “sovereign equality” among the units within the international organizations. Because in the first place. In order for the idea of international organizations to be formed and put into practice, there must be political units that establish relations with each other on equal terms.