engleski

International Organizations as Creators of International Law

The capacity to create international law is one of the most important elements of international legal subjectivity. Moreover, the creation of international law for many subjects of international law is also their raison d'être. A look at contemporary international law reveals that one type of these entities – international organizations, is playing an increasingly important role in the international legislative process. Therefore, the purpose of this paper is to analyze the participation of international organizations in the creation of international law primarily through two main ways of creating international legal norms - treaties and customary international law. Regarding the creation of international law by treaties, the paper discusses situations when international organizations directly create international law by concluding treaties, as well as situations when international organizations participate in the creation of international law indirectly through states that conclude multilateral treaties. When considering the participation of international organizations in the creation of customary rules of international law, special emphasis is placed on soft law. Finally, the paper reviews the binding acts of international organizations that can become a "secondary" source of international law.

international organizations, international legislative process, treaties, customary international law, soft law, binding acts of international organizations

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