An Essay on Soft International Organization

Document Type : Original Article

Authors

1 Professor of International Law, Faculty of Humanities, Bu-Ali Sina University, Hamedan, Iran.

2 MA. Student in International Law, Faculty of Law and Political Science, Tehran University, Tehran, Iran.

3 Ph.D. Student in International Law, Faculty of Law and Political Science, Tehran University, Tehran, Iran.

Abstract

The conclusion of the Westphalian treaties in 1648 caused a new structure to become an intergovernmental society (Nation-State). The intergovernmental nature of the international society underwent changes over time and led to the birth of new entities called international organizations alongside the governments. Then, as a result of the evolution of the law of international organizations, we are now faced with new entities, which are referred to as soft international organizations, that, compared to hard organizations, deal with emerging issues in the field of the international legal system that amongst we can refer to the conceptualization, legal personality, elements and challenges facing these organizations. Therefore, the questions of the current research are what organizations are called soft international organizations; what is their legal status and what are the effects on them? For this purpose, it has been tried to answer the aforementioned questions with the descriptive-analytical method and the method of collecting information in the form of a library. Finally, the authors conclude that all the challenges that exist in the position of soft international organizations have arisen as a result of comparison with hard organizations, and a definitive answer cannot be given to all of them. Rather, it should be investigated and concluded on a case-by-case basis and according to the rules and regulations governing that organization.

Highlights

*Unlike hard organizations, soft international organizations are not established through treaties or formal procedures, and the primary criterion for identifying them is determining the "intent of the parties".
*The legal personality of soft international organizations is not subject to a general rule; rather, the function and structure of each organization must be examined on a "case-by-case" basis to determine its independent will and responsibility.
*States favor these organizations due to their speed, confidentiality, and flexibility, which allow them to serve as a complement to, a substitute for, or a preliminary step toward the formation of hard organizations

Keywords

References


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History

  • Receive Date: 21 May 2024
  • Revise Date: 24 December 2024
  • Accept Date: 14 May 2025

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