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European Journal of Business &
Social Sciences
Available at https://ejbss.org/
ISSN: 2235-767X
Volume 07 Issue 03
March 2019
Available online: https://ejbss.org/ P a g e | 395
Theoretical Aspects of Activity
International Parliamentary Organizations
Eshmatova Feruza Farkhodovna, Ph.D.
Deputy of the Legislative Chamber
Oliy Majlis of the Republic of Uzbekistan
Annotation. The article deals with the legal status and activities of international
parliamentary institutions, their legal corporate personhood. The role of these
institutions in the system of international law is investigated. Identified features of the
legal status of the organization. In the article, the author studies the role of
parliamentary organizations as a subject of international law.
Keywords: international law, law of international parliamentary organizations,
legal corporate personhood, legal capacity, international parliamentary organizations,
Inter-Parliamentary Union, rights and obligations of an international parliamentary
organization, legal subjects
Inter-parliamentary organizations as subjects of international law, appeared
simultaneously in the European and American continents. The purpose of these
organizations is to assist States in integrating into the global community. Today, the
main form of inter-parliamentary relations is multilateral inter-parliamentary
cooperation, which takes place within the framework of institutional entities.
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Social Sciences
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ISSN: 2235-767X
Volume 07 Issue 03
March 2019
Available online: https://ejbss.org/ P a g e | 396
At the beginning, international organizations did not have parliamentary
institutions, being purely intergovernmental. They acted as bodies, without any
international parliamentary control. Nations and governments represented their states
in them and representative parliamentary institutions acted only at the national level,
with little or no influence on the decision-making process in international organizations.
But with the expansion and development of the institution of parliamentary system, the
role of parliaments in international relations became more and more significant, and
they acquired broader powers.
Investigating the legal nature of such organizations should clarify what is meant
by this in international law. Subjects of international law, as well as subjects of law in
general, are characterized primarily by the presence of legal corporate personhood.
Corporate personhood is a property of a person (in our case, a participant in
international relations), in the presence of which it acquires the quality of a subject of
international law.
In the theory of international law, legal corporate personhood is considered in two
aspects: first, as an element of the system of international law, and, second, as a
qualitative characteristic of the subject of international law. As an element of the system
of international law, legal corporate personhood is a system-wide institution.
International legal corporate personhood as a qualitative characteristic is expressed in
the ability of a person to be a subject of international law, a carrier of international
rights and obligations, a participant in international legal relations. The degree of
participation of a subject in international legal relations is determined by the volume of
rights and obligations granted to him by the norms of international law1
.
1 Mamedov U.Yu. International legal personality: the main trends of development: Author's abstract. dis. ... Cand. legal
sciences. - Kazan: Kazan State. Unt-t., 2001. - p. 6-7 ;.
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European Journal of Business &
Social Sciences
Available at https://ejbss.org/
ISSN: 2235-767X
Volume 07 Issue 03
March 2019
Available online: https://ejbss.org/ P a g e | 397
As it is noted in the literature, two independent features are characteristic of
international legal corporate personhood: on the one hand, the ability to participate in
the process of international lawmaking, and on the other, the ability to independently
(individually or collectively) ensure compliance with the norms being created2
.
However, in our opinion, this first feature is not applicable to subjects of
international law in all cases, and therefore cannot characterize international legal
corporate personhood. In the doctrinal interpretation of the problems of legal corporate
personhood, the range of subjects of international law often occurred only to those
entities that are capable of creating norms of international law. In this sense, other
participants in international legal relations were not recognized by legal entities ”3
.
According to T.N Neshataeva, “... the basis for determining the international legal
сorporate personhood was often laid by the adoption of - legal capacity, legal status.
The competence to create the norms of international law is already a specific subjective
right ...”4
, “ the exclusion from the number of subjects of those entities that do not have
the normative competence is very artificial and conditional today, because it contradicts
those provisions that consolidation in the global legal system "5
.
In our opinion, international legal corporate personhood is a legal property
acquired by international individuals by virtue of legal norms and is not only a legal,
but also a sociopolitical property. The subjects of international law are political entities;
their emergence and existence is conditioned both by social processes within individual
2 Malinin S. A. About the legal personality of international organizations // Bulletin of Leningrad State University. -
Leningrad, 1965. No. 17; Maratadze L.N. To the question of the concept of international legal subjectivity // Bulletin of
Moscow. un-that. Ser. Xii. Right. - Moscow, 1969. - No 1. - p. 71.
3 Neshataeva T.N. International organizations and law. New trends in international legal regulation. - 2nd ed. -
Moscow: Delo, 1999. - p. 69.
4
See the p. 71.
5
See the p.73.
