Research On Some Legal Aspects Of Admission Of New Member In International Organization

As the fast development of international organization and its far-reaching influence on all fields of international community, more and more states and other entities want to be members of international organization to get more resources and accelerate their development. Therefore, more and more scholars have been gradually attracted by the problems caused by admission of new members to international organization. After research on the limited related practice in international law and writings of international law scholars, the writer hereof intents to discuss some legal aspects of admission of new members to international organization, such as subject and object of admission, conditions and procedure of admission, as well as their relations and the responsibility arising from refusal of membership to international organization.This essay consists of four chapters in addition to Preface and Conclusions.Chapter One reviews the subject of admission of new members to international organization. Whether international organization is the subject of admission and responsibility depends on whether it has international personality. This chapter, from both practical and theoretical aspects, describes the gradual recognition of international personality of international organization, discusses the related theories, and analyses in what cases the international organization or its members would be the subject of admission and responsibility.Chapter Two discusses the object of admission of new members to international organization. As the development of international practice, members of international organization are no longer limited to states, but other non-state entities. Thus, the object of admission of new members to international organization includes both states and non-state entities, but the theoretical foundation for them to admit to international organization is different.Chapter Three analyses the conditions, procedure of admission and their relations. New Members being admitted to international organization must fufill certain conditions and go through some procedure. Conditions of admission are provided in constituent instruments of international organization and (or) admission agreements. The legal force of these documents on international organization, its members and applicants are essential to problems arising thereon. Different organizations provide different conditions of admission, general or specific, numerical or non-numerical, loose or tight. Procedure of admission is simple itself, but its relations with conditions of admission are very complicated, which determines admission of new member to international organization is a political or a legal one. Such relations would be analyzed from both the practical and theoretical aspects.Chapter Four discusses the responsibility arising from refusal of admission of applicant to international organization and its undertaking. Refusal of admission illegally is bound to cause responsibility. This chapter focuses on the foundations of responsibility, essential factors of responsibility and methods of undertaking responsibility.