On Legal Status Of International Non-governmental Organizations

With further development of the economic globalization, internationalnon-governmental organizations (short for INGOs) sprung up worlddy withamazing speed in number, size and influence after1980’s.INGOs have, affectedevery aspect of the international society since it appeared in the internationalarena as they are playing a positive role in transnational protection of the humanrights issues, labor, education, environment, disease control and prevention,poverty relief, women’s population relief, arms control, and sports problems.However, for legal status of INGOs, in international law it has not been formeda unified opinion, neither does the international community in respect ofinternational convention. Therefore, study of legal status of INGOs is necessary,specially when they are becoming more active in international affairs andplaying an important role in the international community. This paper will discussthe legal status of INGOs in the international society in aspects of theory andpractice. This paper is divided into four parts.The first part is the overview in concept, the background, features of INGOs. First of all, in terms of concept, nor legal scholars or relatedconventions, international legal documents form a unified opinion. This partmainly studies the concept of INGOs from the convention and two relateddocuments within and out of the system of United Nations whereby giving itsown point of view. Second, for the background of INGOs, four parts may berelated that are thought of the western "civil society" knowledge discoursesystem, the emergence of the global problems, the requirement for filling theinternational system "democratic deficit" and the rise of communicationstechnology revolution. Third, INGO has its own features, including independent,public-oriented, organized, non-profit and legitimate.The second part discusses the three kinds of disputes on the legal status ofINGOs, including deny doctrine which thinks INGOs are not subjects ofinternational law; limited doctrine which believes INGOs are limited subjects ofinternational law and functional status doctrine. Deny doctrine argues that onlythe state has full legal personality and no matter how INGOs develop, they cannot be subjects of international law. Limited doctrine considers certain limits and conditions as some INGOs some times can have the fuction of a subject ininternational law. Functional status doctrine argues the legal status of INGOsfrom their actual effect on formulation and implementation of international law.The third part, as a key of this paper, researches the legal status of INGOsfrom their effect in the international society. It is divided into four aspects: theeffect on the relevant international conventions; the large number of practicalcases of INGOs as parties and non-parties to participate in the internationaljudicial and quasi-judicial; the cooperation between inter-governmentalinternational organizations and INGOs and the participation in the internationalconference.The forth part forecasts the trend of development of INGOs’ legal status.The subject of international law is enlarging from the revelation whereinternational intergovernmental organizations form their legal status. Thus, forINGOs, obtaining their legal status is for certain. Through summary ofexperience in attempts of international legislation for solving legal status ofINGOs, It is speculated the affirmation of their legal status with the development of universal international conventions to is worth waiting and itconcludes that INGOs must enjoy the subject of international law accompanywith the development of the international community.