Direito como um fenomeno social

If Law is a social phenomenon, then, obviously, the evolution of society requires the evolution of Law itself. That evolution, at an international level, brings significant and sensitive changes for all international community. To prove the argument, it can be noticed the boom in the appearance of international organizations since the second half of the 20th century, after the birth of the United Nations. With this effect, those organizations are capable of mobilize their state-nations in order of a conjunct action with a collective aim, which itself shows their strength and importance, as well as their magnitude over the countries, producing, therefore, global results. The recent codifications of international treaties, for example the Vienna Convention on the Law of Treaties in 1969, determine that in order to apply such conventions, the expression “international organization” must be interpreted as an intergovernmental organization. This way it can be distinguished the international organizations with legal personality in Public International Law and non-governmental organizations that, in spite of their similar action line or structure. However, all these definitions are way too simple to elucidate what is a international organization to International Law. For that reason, the concept that is majorly accepted for the legal doctrine brings a definition formulated during the workshop of codification of treaties law, according to which an international organization is a “association of State-nations, constituted by treaty, with common constitution and organs and of a legal personality distinct of the State-members” (DINH; DAILLIER; PELLET, 2003, p. 592). Until 20th century, only State-nations were owners of legal personality in International Law. For many years it was discussed if international organizations would be subjects of International Law. Thus, international legal personality was not an attribute granted to international organizations, mainly