engleski

Controversial Subjects of Contemporary International Law : IGO-like Entities as Participants in International Legal Relations - Do We Need a 'Reparation Case II'?

The author of this paper analyzes the process of the establishment of inter-governmental organizations (IGOs) after the dissolution of three multinational federations (Yugoslavia, Czechoslovakia and the USSR), as a result of the process of integration in the Western Europe, focusing on a new type of IGOs - a supranational regional organization - the European Union (EU). The author emphasizes the temporary character of a particular form of international legal personality as dependent on the needs of international community and international relations in the particular epoch. Accordingly, the door of international legal personality are opened for any international entity whose de facto participation in international relations has become intensive enough to result with its legal regulation providing such an entity with the rights and duties, i.e. with the necessary element of legal personality - legal capacity. Consequently, the international legal personality, the author concludes, became a pure factual category independent from any additional recognition by other, already 'indisputable' subjects of international law. The cooperation between across States' borders, as well as its institutionalization has resulted not only with establishing of IGOs, but also with appearing of specific IGOs-like entities - the organizations composed of central or local States' organs, sometime including even private entities. This paper analyzes and presents the place of the latter in international law doctrine.

inter-governmental organizations (IGOs), the European Union, international legal personality, IGOs like entities

nije evidentirano