The distinctive character of intergovernmental organizations is found in the convention which constituted them, which is commonly called the constitution (acte constitutif). This basic document, drawn up in the course of an international conference by official delegates specially appointed by the founding states, and signed in accordance with the special rules practised in such matters, is submitted to the governments which ratify it according to their internal rules. The constitution contains all fundamental rules for the working of the organization and of its permanent administration.
When the United Nations was founded, some of the largest international unions acquired the status of specialized agencies, which operate in that capacity today.
The concept of a specialized agency is most fully defined in Article 57 of the United Nations Charter, which states:
1. The various specialized agencies established by intergovernmental agreement and having wide international responsibilities, as defined in their basic instruments, in economic, social, cultural, educational, health, and related fields, shall be brought into relationship with the United Nations in accordance with the provision of Article 63.
2. Such agencies thus brought into relationship with the United Nations are hereinafter referred to as specialized agencies.
It may thus be seen that specialized agencies possess four basic legal attributes: 1) the intergovernmental character of their constituent instruments; 2) wide international responsibilities within their competence; 3) activities in specialized areas provided for by the Constitution (in economic, social, cultural and other fields); 4) a relationship with the United Nations.
This last attribute distinguishes these agencies from other international associations of this type and places them into a separate group of international organizations.
At present there are 16 specialized agencies of the United Nations, each with its own Constitution: 1) the Food and Agricultural Organization (FAO); 2) the International Bank for Reconstruction and Development (IBRD); 3) the International Civil Aviation Organization (ICAO); 4) the International Development Association (IDA); 5) the International Fund forAgricultural Development (IFAD); 6) the International Finance Corporation (IFC); 7) the International Labour Organization (ILO); 8) the International Monetary Fund (IMF); 9) the International Maritime Organization (IMO); 10) the International Telecommunication Union (ITU); 11) the United Nations Educational, Scientific and Cultural Organization (UNESCO); 12) the United Nations Industrial Development Organization (UNIDO); 13) the Universal Postal Union (UPU); 14) the World 4 Health Organization (WHO); 15) the World Intellectual Property Organization (WIPO); and 16) the World Meteorological Organization (WMO).
Reference is often made today to international organizations of the United Nations system. This includes the United Nations itself, its specialized agencies, the International Atomic Energy Agency (IAEA); and subsidiary organs of the United Nations structured as international organizations, namely, the United Nations Conference on Trade and Development (UNCTAD), the United Nations Development Programme (UNDP), and the United Nations Environment Programme (UNEP).
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The organizational structure of specialized agencies is determined by their constituent instruments. The Constitutions of United Nations specialized agencies as well as their activities are in strict compliance with the generally recognized principles and norms of international law, especially those of jus cogens.
The United Nations specialized agencies engage in the following types of activity: 1) drafting international conventions and regulations on special issues with a view to establishing uniform norms and rules for regulating relations among states in such specialized areas as communications, health, culture, meteorology, etc.;
2) coordinating the activities of individual states in these areas; 3) providing technical assistance to newly independent developing states; 4) exchange of information, etc.
EXHIBIT 19
CONSTITUTION
CONSTITUTION OF THE WORLD HEALTH
ORGANIZATION
The States Parties to this Constitution declare, in conformity with the Charter of the United Nations, that the following principles are basic to the happiness, harmonious relations and security of all peoples:
The enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social condition [...]
The achievement of any State in the promotion and protection of health is of value to all []
Accepting these principles, and for the purpose of cooperation among themselves and with others to promote and protect the health of all peoples, the Contracting Parties agree to the present Constitution and hereby establish the World Health Organization as a specialized agency within the terms of Article 57 of the Charter of the United Nations.
Article 1. Objective
The objective of the World Health Organization (hereinafter called the Organization) shall be the attainment by all peoples of the highest possible level of health.
Article 9. Organs
The work of the Organization shall be carried out by:
(a) The World Health Assembly (herein called the Health Assembly);
(b) The Executive Board (hereinafter called the Board);
(c) The Secretariat
Article 10. The World Health Assembly
The Health Assembly shall be composed of delegates representing Members.
Article 24. The Executive Board
The Board shall consist of twenty four persons designated by as many Members.
Article 30. The Secretariat
The Secretariat shall comprise the Director-General and such technical and administrative staff as the Organization may require.
Article 59. Voting
Each Member shall have one vote in the Health Assembly.
Article 78. Entry into Force
Subject to the provisions of Chapter III, this Constitution shall remain open to all States for signature or acceptance.
Article 79
(a) States may become parties to this Constitution by:
(i) signature without reservation as to approval;
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(ii) signature subject to approval followed by acceptance; or
(iii) acceptance.
(b) Acceptance shall be effected by the deposit of a formal instrument with the Secretary-General of the United Nations.
Article 80
This Constitution shall come into force when twenty-six Members of the United Nations have become parties to it in accordance with the provisions of Article 79.
IN FAITH WHEREOF the undersigned representatives, having been duly authorized for that purpose, sign this Constitution.
DONE in the City of New York this twenty-second day of July 1946, in a single copy in the Chinese, English, French, Russian and Spanish languages, each text being equally authentic. The original texts shall be deposited in the Archives of the United Nations. The Secretary-General of the United Nations will send certifled copies to each of the Governments represented at the Conference.
ASSIGNMENTS
I. Read the text and answer the checkup questions.
1. What kind of document is a constitution? 2. What rules does a constitution usually contain?
3. When did the largest international unions acquire the status of UN specialized agencies?
4. What is defined in Article 57 of the United Nations Charter? 5. What legal attributes do the UN specialized agencies possess? 6. How are they distinguished from other international associations of this type? 7. What types of activity do the UN specialized agencies engage in?
II. Complete the following sentences using the required information from the above text.
1. This basic document is submitted to the governments which ratify it .
2. Such agencies brought into relationship with the United Nations are hereinafter referred to as.... 3. At present there are 16 specialized agencies of the United Nations, each.... 4. Reference is often made today to.... 5. The organizational structure of specialized agencies is determined by .
III. Fill in each blank with the suitable word or phrase from the text.
1. The original... of the International Labour Organization, which is now a... of the United Nations, formed part XIII of the Treaty of Versailles of June 28, 1919 and of the Treaty of St. Germain of September 10, 1919. 2. Conventions... at that time were... by a number of governments. 3. The International Labour Conference which met in 1945 and 1946 adopted of amendment which severed the connection with the League and anticipated a new... with the United Nations. 4. Formal agreements exist between ILO and some European Organizations, in particular the Council of Europe and the European Economic Community, and... have been prepared under their joint auspices. 5. Member States should collaborate with... and nongovernmental organizations. 6. The... of the World Health Organization (WHO) was adopted on 22 July 1946 by the International Health Conference, which was convened by the Economic and Social Council and held in New York.
IV. Study the text in exhibit 19, point out words and phrases pertaining to the formal style.
V. Memorize the phrases below, suggest their Russian equivalents.
1) the annual budget estimates; 2) attainment by all people of the highest possible level of health; 3) equitable distribution; 4) the exercise of ones functions; 5) the Members present and voting; 6) within the competence of the organization 7) within the terms of Article 2; 8) without distinction of race, religion and political belief; 9) to act as directing or coordinating authority.
VI. Decipher the following Latin abbreviations consulting Appendix I if necessaly.
Ad. fin; h. l.; f. v.; i. f.; i. m.; inf.; q. v.; v.; v. i.; v. s..
VII.Study the use of italicized words in different phrases, suggest their Russian equivalents.
CERTIFICATE
authors ≈; marriage ≈; ≈ of birth; ≈ of character; ≈ of death; ≈ of health; ≈ of origin; ≈ of registry; ≈ of quality; ≈ of weight.
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TO CERTIFY
a ≈ ied copy; a document ≈ ing ones capacity; I ≈ this a true copy; this is to ≈ that .
VIII. Explain the meaning of jus cogens as used in the text (p.135). Translate the following into Russian consulting Appendix I if necessary.
1. An ad hoc monitoring group was set up after the Kuala Lumpur Conference to assist in following up the recommendations of that conference. 2. Philosophical research related to the strengthening of the spirit of peace is reported below in this Chapter 3 (see infra, section 8, Philosophy). 3. He drew attention to womens low rate of participation in politics and their de facto exclusion from public office and positions of responsibility. 4. Activities related to follow-up and evaluation of fellowships included, inter alia, contacts with fellowship holders. 5. Their travel expenses and per diem are paid by the Organization. 6. The severance of diplomatic relations shall not ipso facto involve the severance of consular relations.
IX. Find out the meanings of hereby, herein, hereinafter, and whereof, as used in the text and exhibit. Consult a dictionary if necessary.
X. Combine the words from groups A and B wherever possible, explain them in English.
| A | B |
| forth hence here hither there where | after, at, by for, forth, from in, of, on, to, under, upon, with |
XI. Memorize the following:
| WITH A VIEW TO | N V ing | , , (-.) (-.) |
XII. Make up a few sentences according to the models.
Model 1. It was done with a view to the adoption of the Regional Convention.
Model 2. This was planned with a view to eliminating racial discrimination and prejudice.
XIII. Translate into Russian.
l. They discussed the application of social sciences with a view to the solution of major world problems. 2. Special attention should be given to their prospects for evolution, with a view to defining the priority areas. 3. It has been done with a view to obtaining additional funds for achieving this objective. 4. He will give special attention to the question of programme concentration when preparing consultations with a view to the second Medium-Term Plan. 5. It was planned with a view to making optimum use of available resources. 6. They should continue studies with a view to the formulation of appropriate international standards. 7. The special committee shall submit a draft with a view to its discussion at the General Conference.
XIV. Translate into English paying attention to the words and phrases in bold type.
1. 2. .3. . 4. . 5. . 6. . 7. .
XV. Translate into Russian taking note of the words and phrases in bold type.
1. The basic instrument of an international organization or institution is
generally known as the Constitution or Statute. For example, the constituent instruments of the various specialized agencies of the United Nations that have been established by intergovernmental agreements are called their Constitutions. 2. The basic instruments of the International Court of Justice and the Council of Europe are called Statutes. These documents, whether called Constitutions or Statutes, are also treaties in the true sense as they denote agreements of a binding nature between the states concerned. 3. The term Statute is also used to denote an accessory inrtrument to a convention setting out certain regulations to be applied. 4. Unesco was established on 4 November 1946, when 20 signatories to its Constitution had deposited their instruments of acceptance with the Government of the United Kingdom. 5. The International Finance Corporation (IFC) became aspecialized agency in relationship with the United Nations in 1957. While closely associated with the World Bank, it is a separate legal entity, and its funds are distinct from those of the Bank. 6. Although a draft Charter was completed in 1948, it was laid aside when it became clear that thenecessary ratifications would not be forthcoming. 7. The goal of equality is proclaimed in the UN Charter and in a number of legally binding international instruments.
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XVI. Translate into English making use of the suggested words and phrases.
(communications) (censorship). (tousecodes) (todispatch) (bycourier) (insealedbags), (whichshallhave) , .
(toenjoy) (partytothisConvention) , , (treatmentnotlessfavourablethanthataccordedby... to) , (diplomaticmission) .
XVII. Translate into Russian.
CONSTITUTION OF THE UNITED NATIONS
EDUCATIONAL, SCIENTIFICAND CULTURAL ORGANIZATION
Article 1. Purposes and Functions
1. The purpose of the Organization is to contribute to peace and security by promoting collaboration among the nations through education, science and culture in order to further universal respect for justice, for the rule of law and for the human rights and fundamental freedoms which are affirmed for the peoples of the world, without distinction of race, sex, language or religion, by the Charter of the United Nations.
2. To realize this purpose the Organization will:
(a) Collaborate in the work of advancing the mutual knowledge and understanding of peoples, through all means of mass communication and to that end recommend such international agreements as may be necessary to promote the free flow of ideas by word and image; (b) Give fresh impulse to popular education and to the spread of culture; [...] By collaborating with Members, at their request, in the development of educational activities; [...] By suggesting educational methods best suited to prepare the children of the world for the responsibilities of freedom; (c) Maintain, increase and diffuse knowledge; By assuring the conservation and protection of the worlds inheritance of books, works of art and monuments of history and science; [...] By encouraging cooperation among the nations in all branches of intellectual activity, including the international exchange of persons active in the fields of education, science and culture [...].
XVIII. Do the two-way translation of the texts, comment on their syntactic and stylistic peculiarities.
| Article 15 Entry into Force | 15 |
| 1. This Constitution shall be subject to acceptance. The instruments of acceptance shall be deposited with the Government of the United Kingdom. | 1. -. |
| 2. This Constitution shall remain open for signature in the Archives of the Government of the United Kingdom. Signature may take place either before or after the deposit of the instruments of acceptance. No acceptance shall be valid unless preceded or followed by signature. | 2. , . . , |
| 3. This Constitution shall come into force when it has been accepted by twenty of its signatories. Subsequent acceptances shall take effect immediately | 3. . . |
| 4. The Government of the United Kingdom will inform all Members of the United Nations of the receipt of all instruments of acceptance and of the date on which the Constitution comes into force in accordance with the preceding paragraph. | 4. . |
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XIX. Complete the following final provisions of a constitution.
Final Provisions
This Constitution shall come __________________ on 1 st January, 1984 and shall remain ____________ for an indefinite period.
____________ the Plenipotentiaries of the Contracting Countries have __________________ this Constitution in a single which shall be ________________ in the Archives of the Government of the Country in which the seat of the Union is situated. _______________ thereof shall be _______________ to each Party by the Government of the Country in which the Congress is held.
___________ Vienna, the 10th of October, 19___.
XX. Write a draft constitution of an international organization using the information below. See also exhibit 19.
Establishment of the Organization:
May 18, 19___ in Paris.
Objectives: To collect, analyse and disseminate information relating
to nutrition and food; to promote national and international action with respect to scientific, technological, social and economic research relating to nutrition, food and agriculture.
Main bodies: The Conference, the Council, the Director-General and staff, Commissions. Membership: 8 members and 7 associate members.
Finances: contributions by member states.
Relations with other international organizations: joint activities with the World Health Organization and Unesco.
Headquarters: in Paris.
XXI. Speak on the style and composition of constitutions of international organizations.
XXII. Translate into Russian:
