On International Organizations, Non-governmental Status In International Law

Since late 90s,the number of international non-governmental organizations (INGOs) has been increased heavily.Until 2000,the total number of international organizations amounts to 50373,INGOs amounts to 43958,takes 87.3%.There are many types of INGOs,it becomes widespread in the fields of human relief,religion,social welfare,international development aid,education,health,women and children protection,demarcation,human rights,environment,anti-poverty,minority and so on.INGOs are very active, involving national countries,inter government organizations and multinational corporations,mainly toward the sustainable development of human society,through consulting,promoting,educating,training,aiding,reporting,even protesting to engage,especially influences and takes the function in many areas of global society.Such as Amnesty International and Greenpeace,they influence nation behavior through monitoring nation's obligation and promoting new policy.These non-national factor's increasing expands reflex international society' inner necessity.As some scholars point out, INGOs' global existence may be predicting a "real association revolution",or call on the emergence and uprising of a "Global civil society".INGOs has been a new power in international society and influences a lot. Many worldwide and regional international organizations has established a mass of rules toward INGOs.Also an important issue for international law and international organization.However,as so far,the theory and practice of INGOs remains in the surface,especially international law theory has never answered the status of INGOs in international law.The thesis would use practical analyze and theory analyze to discuss the status of INGOs.The thesis is divided into 3 parts.Part 1 discusses about the history of INGOs,and makes a definition and its characteristic.Because the thesis is to discuss the status of INGOs,the definition is for separation for other groups in law.INGOs in the thesis means a kind of non-governmental unit including any associations,leagues and individuals,for something but not mainly profit-oriented legal purpose,and own its independent structure,statue and funds. Part 2 discusses INGOs involving in practical aspect of international affairs. includes making,interpreting,applying,enforcing international law.In practical area,the thesis analyzes four types of INGOs in the fields of development aid,sports,human rights,and environmental protection.Part 3 is the most important,mainly from theory aspects,the thesis first analyzes main theory of international law subjects,and makes a conclusion that when discussing the subjects of international law,it should not be isolated but full aspects.The subjects of international law should not be single one.Based on this conclusion,the thesis analyzes the elements of subjects of international law.And takes two basic elements.First is capability to engage in international legal relation.Second is capability to have rights and obligations.Then the thesis introduces different views toward the status of INGOs,then analyzes whether INGOs conforms the two basic elements.Finally concludes that INGOs is the subject of international law.then the thesis discusses from natural law and social law's view,further testifies the status of INGOs.Besides,the thesis analyzes INGOs' special status and points out the challenge and weakness of INGOs.