Правовые вопросы учреждения Международной организации по миграции

Abstract

The most essential point in the study of the IOM legal status is the moment of its establishment as an international intergovernmental organization. It is only by thorough analysis of all documents which lie in the basis of the Provisional Intergovernmental Committee for the Movement of Migrants from Europe and later, Intergovernmental Committee for European Migration, Intergovernmental Committee for Migration and the IOM, that correct conclusions can be reached as to the sense of the change of names and the legal status of the organization in question. The article explores the process of the IOM establishment, its transformation from the Provisional Intergovernmental Committee for the Movement of Migrants from Europe into the current International Organization for Migration. The adoption of amendments to the 1989 Charter and the change of the name for the IOM proved the elevation of the status of this organization in the world arena and was the timely response to the migration problems of the time. After analyzing the operation of the Provisional Committee and the doctrine sources concerned with the definition of the criteria for international intergovernmental organizations the author draws the conclusion that it is possible to consider the adoption of the 1953 Charter as the moment of establishing the IOM as an international intergovernmental organization. Before that, it had been regarded as a regional institution working in the field of migration.