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§ 1. Features of international legal regulation of an establishment of relations of cooperation with the international intergovernmental organisations

The basic international legal source of regulation contract-legal relations between the states is the Viennese convention on the right of international treaties 1969 [67] At the same time, contract-legal relations between the states and the international intergovernmental organisations or between the international intergovernmental organisations, long time appeared out of sphere of international legal regulation.

Process of codification and progressive development of rules of law of international treaties has led to working out and the conclusion in 1986 «to the Viennese convention on the right of contracts between the states and the international organisations or between the international organisations» (further - «the Convention on the right of contracts of the international organisations») [68], and sphere of regulation of this Convention became dogovornopravovaja activity of the international intergovernmental organisations.

The convention on the right of contracts of the international organisations, on the one hand, was based and developed positions of the Viennese convention on the right of international treaties of 1969, on the other hand, it directly gave operatsionalizatsiju a conceptual number of sphere of the international treaties concluded by the international intergovernmental organisations, and also defined parametres of regulation of the contracts concluded between the states and the international intergovernmental organisations or between the international intergovernmental organisations.

The convention on the right of contracts of the international organisations has not become effective now, however it have signed and ratified both the states, and the international intergovernmental organisations. Among the states: the USA, Japan, the United Kingdom

The Great Britain and Northern Ireland, practically all member states the European union, etc.; among the international intergovernmental organisations: the United Nations Organization, United Nations specialised agencies (the CART, UNESCO, VOIS, MSE, the SQUANDERER, IKAO, etc.), and also MAGATE, etc.

That fact, that the Convention on the right of contracts of the international organisations has not become effective till now and is not applied to the international treaties concluded between the states and the international intergovernmental organisations or between the international intergovernmental organisations, from the legal point of view means, that Convention positions do not come under to direct application. The international law doctrine recognises that if the international treaty has not become effective, expression of the consent to compulsion of the international treaty by means of its signing or ratification automatically does not generate international legal obligations of participants of such contract.

At the same time, even if the international treaty has not become effective, from the moment of expression of the consent by the international subject on acceptance of the international treaty it can generate certain legal consequences for its participants, and, besides, in particular does not exclude possibility of the mediated application of such international treaty.

For example, the conclusion of this or that international treaty can be recognised by international subjects as the juridical fact which is the basis for regulation of corresponding legal relations with participation of such subjects or interpretation of norms of international law taking into account positions of it

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The international treaty.

The convention on the right of contracts of the international organisations recognises communication between the right of contracts between the states and the right of contracts between the states and the international intergovernmental organisations or between the international intergovernmental organisations and considers features of the contracts which participants [69] are international intergovernmental the organisations as international subjects [70 [71].

Let's pay attention, that the Convention on the right of contracts of the international organisations was accepted taking into account features of the contracts which participants are the international intergovernmental organisations, i.e. international subjects, others in comparison with the states. The convention on the right of contracts of the international organisations fixes the important standard position about the legal capacity of the international intergovernmental organisation and especially marks the international legal capacity of such organisation to conclude dogovory which is necessary for performance by the international intergovernmental organisation of the functions and achievement of the purposes of its creation. The legal capacity of the international intergovernmental organisation is defined by rules of this international organisation.

Giving operatsionalizatsiju conceptually-terminological categories, the Convention on the right of contracts of the international organisations substantially opens concept "international treaty". On sense of the Convention on the right of contracts of the international organisations the concept "international treaty" means the agreement concluded in writing between one or several states and one or several international organisations irrespective of, whether such agreement in one document or the several documents connected among themselves, and also irrespective of its concrete name contains, and which (agreement) is regulated by international law.

The conclusion of the international treaty and expression of the consent by the international intergovernmental organisation on compulsion for

It this contract it is carried out by the person representing this international organisation. The consent of the international

To the intergovernmental organisation on compulsion for it the contract can be expressed contract signing, an exchange of the documents forming the contract, the certificate of official acknowledgement, contract acceptance, its statement, joining to it or any in another way with which participants of the international treaty have agreed.

Certainly, the establishment contract-legal relations is means of achievement of the purposes of the international intergovernmental organisation and it is necessary for performance of functions of the organisation. In this sense the reference to standard positions of the Convention on the right of contracts of the international organisations has teoretiko-practical value for research of interaction of the World Trade Organization with other international intergovernmental organisations and a legal estimation analyzed further organizatsionnopravovyh forms of such interaction.

1.1. A general characteristic of organisation-legal forms of interaction of the World Trade Organization and the international intergovernmental organisations

Vneshneorganizatsionnoe World Trade Organization cooperation variously also covers practically all basic international intergovernmental organisations and, first of all, this cooperation with the United Nations Organization and specialised agencies of system of the United Nations. With the majority of 15 specialised agencies of the United Nations the World Trade Organization is in cooperation relations, we name, in particular

The international organisation of work (SQUANDERER), the International union of telecommunication (MSE), the World organisation of the intellectual

Properties (VOIS), the World organisation of public health services (CART), etc. the World Trade Organization co-operates with others

The international intergovernmental organisations, for example, the Organization of economic cooperation and development (OESR), the World customs organisation (World Customs Organization), etc.

Relations vneshneorganizatsionnogo cooperation of the World Trade Organization and the international intergovernmental organisations are provided in a package of agreements of the right of the WTO, corresponding decisions of directing bodies of the WTO and structural divisions of the WTO.

The international intergovernmental organisation has the right to use various forms of an establishment of relations of cooperation with other international subjects, and it proves to be true the developed international legal practice and the international legal doctrine. (In particular the same approach is fixed by the Convention on the right of contracts of the international organisations which was mentioned earlier.) cooperation Relations between the international

By the intergovernmental organisations are carried out in the form of making agreement (contract); an exchange of the documents forming the contract; acceptances of the certificate of official acknowledgement etc., or any different way with which international subjects have agreed.

In World Trade Organization practice at an establishment of relations of cooperation with other international intergovernmental organisations various ways of fastening of such relations are used: or by the conclusion of corresponding [72 [73] agreements (Agreement), or memorandums of mutual understanding (Memorandum of Understanding, MoU), or an exchange of letters between heads of the international intergovernmental organisations operating within kompetentsy, etc.

Relations of cooperation of the World Trade Organization with the international intergovernmental organisations are realised in following basic organisation-legal forms: granting of the status of the observer (Observer Status), carrying out of consultations, information interchange and data, etc.

The decision on an establishment of relations of cooperation (making agreement, contracts, the memorandum of mutual understanding, an exchange of letters), and also about use of corresponding organisation-legal forms of interaction with the international intergovernmental organisation (granting of the status of the observer, carrying out of consultations etc.), - is accepted by directing bodies of the World Trade Organization within the limits of their functional competence.

On the basis of the decision accepted by directing bodies of the World Trade Organization about an establishment of relations of cooperation with this or that international intergovernmental organisation, such bodies of the World Trade Organization as Council about trade in the goods, Council about trade in services, Council about trading aspects of intellectual property rights, etc., can make of the decision on uses of corresponding organisation-legal forms of interaction with the international intergovernmental organisation (granting of the status of the observer, carrying out of consultations etc.). The decisions accepted by named Councils of the World Trade Organization, come under to the subsequent approval by a WTO General council.

One of organisation-legal forms of interaction of the World Trade Organization and the international intergovernmental organisations is granting of the status of the observer (Observer Status) which is subdivided accordingly into two kinds: the status of the permanent observer (Permanent Observer Status) and the status of the special observer (ad hoc Observer Status). Thus the World Trade Organization General council has the right to give the corresponding status of the observer of the international intergovernmental organisation or for participation in sessions of bodies of the World Trade Organization, or for participation in work of various conferences of the WTO at level of ministers.

Historically the International currency fund (IMF) and the International bank of reconstruction and development (specialised agencies of system of the United Nations) were the first international intergovernmental organisations to which the status of the permanent observer at sessions of the General council of the World Trade Organization has been given.

The status of the permanent observer at sessions of the General council of the World Trade Organization is given the United Nations Organization, its other specialised agencies: JUNKTAD, VOIS, etc., the Organizations of economic cooperation and development (OESR).

Other organizational form of co-operation with the international intergovernmental organisations is carrying out of consultations. Earlier it was noticed, that the existing is standard-legal structure (corpus juridicum) «the WTO rights» possesses specific characteristics,

Peculiar to is difficult-structural standard systems. It

Proves to be true, in particular, that the General agreement on trade in services (GATS) contains the standard positions fixed in item XXVI «Communication with other international organisations»,

Providing the competence of the General council of the World Trade Organization to use such form, as carrying out of consultations. Norms of named article provide, that the World Trade Organization General council takes corresponding measures for carrying out of consultations and cooperation with the Organization Consolidated

The nations, its specialised agencies, and also other international intergovernmental organisations.

The decision on an establishment of relations of cooperation with the international intergovernmental organisation can be accepted, for example, at level of such bodies of the World Trade Organization, as Council about trade in the goods, Council about trade in services, Council about trading aspects of intellectual property rights. However such decisions as it was marked earlier, come under to subsequent approval G eneralnym World Trade Organization council. As an example it is possible to result that on May, 26th, 2000 the World Trade Organization General council has approved the decision of Council about trade in services on making agreement with the International union of telecommunication (MSE). The named Agreement provides mutual carrying out of consultations on the questions connected with «adjacent fields of activity» [74 [75].

The decision on an establishment of relations of cooperation between the World Trade Organization and the corresponding international intergovernmental organisation can be accepted Council about trading aspects of intellectual property rights. It follows from standard positions of item 68 of the Agreement on trading aspects of intellectual property rights (TRIPS). Article provides, that at realisation of the functions Council about trading aspects of intellectual property rights has the right to consult and enquire the information of any source, including consultations of the World organisation of intellectual property [76].

Council about trading aspects of intellectual property rights has the right to give to the international intergovernmental organisations as the status of the permanent observer, and the status of the special observer.

Council about trading aspects of intellectual property rights has given the status of the permanent observer to following international intergovernmental organisations: the United Nations Organization (United Nations), Conferences of the United Nations Organization on trade and development (JUNKTAD), Food and agricultural the organisations (Fao), to the International currency fund (IMF), to the World bank, the International union on protection of new grades of plants, the Organization of economic cooperation and development (OESR), the World customs organisation, etc.

The status of the special observer has given Council about trading aspects of intellectual property rights, for example, to the World organisation of public health services (CART).

The subject field of activity connects Council about trading aspects of intellectual property rights of the World Trade Organization and the World organisation of intellectual property (VOIS). In December, 1995 the World Trade Organization General council has approved the decision of Council about trading aspects of intellectual property rights and has made agreement from the World organisation of intellectual property (Agreement Between the World Intellectual Property Organization and the World Trade Organization).

Agreement article 4 between the World organisation of intellectual property and the World Trade Organization - «the Normative and technical help and technical cooperation» (Legal - [77]

Technical Assistance and Technical Cooperation) - fixes following standard positions:

1. International bureau VOIS and WTO Secretary co-operate among themselves within the limits of their activity on rendering of the legal and technical help connected with realisation of Agreement TRIPS for developing countries.

2. International bureau VOIS and WTO Secretary mutually provide availability of the legal and technical help to developing countries. Thus International bureau VOIS gives to the developing member countries of the WTO which are not member states VOIS, the same legal and technical help what is given within the limits of the Agreement to developing countries TRIPS. In turn the WTO Secretary gives to member states VOIS which is developing countries and not being members of the WTO, the same legal and technical help on the questions, concerning Agreements TRIPS.

3. International bureau VOIS and WTO Secretary communicate (not having confidential character) and support regular contacts within the limits of current activity of International bureau VOIS and WTO Secretary on rendering of the legal and technical help connected with Agreement TRIPS.

Accordingly, International bureau VOIS and WTO Secretary provide cooperation and interaction of these two international organisations with a view of rendering of the legal and technical help, and also at the information interchange, connected with realisation of Agreement TRIPS. Thus it is necessary to mean, that such forms of co-operation are realised along with that Council about trading aspects of intellectual property rights has given VOIS the status of the permanent observer.

The stated testifies that development of the international interaction and cooperation of the World Trade Organization and the international intergovernmental organisations is fixed by various way, is carried out in various organizatsionnopravovyh forms and realised on different institutsionalnyh levels of intraorganizational structure of the international intergovernmental organisations.

According to the World Trade Organization, it supports close institutsionalnye relations with nearby 140 international organisations to which the status of the observer in WTO bodies is given. In turn the World Trade Organization participates in quality of the observer in work of variety of the international organisations. As a whole, the World Trade Organization Secretary supports labour relations with almost 200 international organisations, using such forms of interaction, as information interchange and data statistical, given under standards, rendering technical and legal

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The help etc.

In conclusion of the given paragraph it is necessary to note as independent the functional competence of the World Trade Organization on an establishment of relations of cooperation with

The international organisations (international intergovernmental and non-governmental organisations) which activity is carried out in international trade sphere.

Taking into account heterogeneity of structure of the subjects who are operating in sphere of multilateral international trade and carrying out functions, concerning the WTO, differentiation of cooperation of the World Trade Organization probably to spend, first, with international subjects (including universal and regional

The international intergovernmental organisations), secondly, with

The international organisations which are not subjects of [78] international laws (with the international non-governmental organisations).

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A source: NIKULIN EVGENIES NIKOLAEVICH. the INTERNATIONAL LEGAL STATUS of the WORLD TRADE ORGANIZATION and the form of its interaction With the INTERNATIONAL ORGANIZATIONS. The dissertation on competition of a scientific degree of the master of laws. Moscow -. 2017

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