-
Acquiescence and the Immunity of UN Peacekeepers; Implicit Acceptance? International Organizations Law Review Pub Date : 2023-12-20 Steven van de Put
In general States have not responded when faced with violations of international law committed by United Nations (UN) peacekeepers. This article aims to explore if such inaction, or silence, by States can be construed as legally significant. Relying upon the concept of acquiescence within international law, this article analyses if this specific situation can be seen as States implicitly agreeing to
-
The United Nations’ Obligation to Provide Access to Remedies to Third-Party Claimants Under International Law International Organizations Law Review Pub Date : 2023-12-20 Doris Uwicyeza Picard
The perceived impunity of the United Nations peacekeeping missions has been the subject of numerous reports and studies. These studies are in agreement that the legal accountability of the UN is strongly challenged by the UN’s absolute immunity coupled with a lack of or inadequate alternative dispute resolution mechanisms. This situation has led to what is referred to as a ‘remedy gap’ whereby third-party
-
The United Nations Security Council and Global Health Threats International Organizations Law Review Pub Date : 2023-12-20 Adam Kamradt-Scott
covid-19 has prompted a range of new suggestions to reform the existing international system. One recommendation garnering political support has been to create a new Global Health Threats Council, comprised of heads of state, to facilitate sustained political commitment and investment in pandemic preparedness and response. A question that currently remains unanswered, however, is how and where this
-
unops and the Rise of Entrepreneurial International Organizations: A Case Study International Organizations Law Review Pub Date : 2023-12-20 Ukri Soirila
This article provides an introduction to the United Nations Office for Procurement Services (unops), which is an interesting entity because it is financially entirely self-reliant, and has thus become extremely business-minded, at times resembling a private company. Through the case study of unops, the article also seeks to draw attention to a broader development, namely the increasing entrepreneurial
-
Virtual Voting in rfmos: A Procedural Odyssey at the Indian Ocean Tuna Commission International Organizations Law Review Pub Date : 2023-12-20 Valentin Schatz, Maia Perraudeau
This article examines, from the perspective of international institutional law, the variety of procedural problems which arose following an online vote by secret ballot taken by the Indian Ocean Tuna Commission (iotc) in 2021. By providing a detailed case-study of this novel instance of practice and the challenges it represents, this article aims to contribute to a better understanding of the institutional
-
“What the Secretariat Makes It”: United Nations Civil Servants between Administrative Function and Contemporary International Lawmaking International Organizations Law Review Pub Date : 2023-12-20 Hannah Birkenkötter
As the only international organization that aspires to be unviersal both in terms of its membership as well as in terms of the policy fields in which it intervenes, the United Nations (UN) occupies a unique position in international lawmaking. Focusing on the UN’s political and judicial or quasi-judicial organs does not, however, fully capture the organization’s lawmaking activities. Instead, much
-
East African Community (eac) – Inspiring Constitutional Change by Promoting Constitutionalism? International Organizations Law Review Pub Date : 2023-09-14 Tomasz Milej
The East African Community (eac) is considered to be one of the most successful international organizations in Africa. Due to the founding Treaty’s commitment to democracy, human rights, rule of law and to achieving of a political federation, one may think that the eac has a potential to promote the ideas of transformative African constitutionalism in the participating states. However, the history
-
The East Mediterranean Gas Forum: A Regional Institution Struggling in the Mire of Energy Insecurities International Organizations Law Review Pub Date : 2023-09-14 Konstantinos D. Magliveras, Gino J. Naldi
In January 2019, governments of several East Mediterranean countries agreed to create a new regional technical intergovernmental organization, the East Mediterranean Gas Forum (emgf). Its Statute was signed in September 2020 and came promptly into force in March 2021. The emgf was established at a time when the region’s rivalries, especially unresolved maritime issues (including questions of delimitation)
-
The Love for International Organizations International Organizations Law Review Pub Date : 2023-09-14 Jean d’Aspremont
Albeit the object of compelling criticisms in recent decades, international organizations continue to occupy a very central place in the practical, conceptual, cognitive, imaginary, and emotional universe of international lawyers. This article argues that the resilient centrality of international organizations in international legal thought and practice is the manifestation of international lawyers’
-
Beyond Binary Oppositions? The Elusive Identity of the International Organization in Contemporary International Law International Organizations Law Review Pub Date : 2023-06-14 Richard Collins
Much of the conceptual work on international organizations situates the identity, nature or legal form of the institution between binary oppositions: ‘open’ vs ‘closed’, ‘agora’ vs ‘actor’, ‘contract’ vs ‘constitution’, etc. These oppositions are informative and revealing of tensions underpinning different aspects of international institutions: the extent to which they are vehicles for their member
-
Institutional Sanctions and Functionalism: Insights from the Most Recent Practice International Organizations Law Review Pub Date : 2023-06-14 Martina Buscemi
The article aims to discuss the most recent practice of institutional sanctions in light of contested fundamentals of the law of International Organizations (ios). The analysis delves, in particular, into sanctions adopted by ios having technical mandates in situations of wider political disputes among members, concerning international peace and security issues, amidst the United Nations (UN) Security
-
Towards a Political Economy of International Organizations Law International Organizations Law Review Pub Date : 2023-06-14 Jan Klabbers
This article is part of the Special Forum on Contested Fundamentals of the Law of International Organizations. It endorses a possible political economy of international organizations law, and explains why such would be desirable. The dominant approach to international organizations is unable to explain much of what is going on, and thus needs to be replaced by an approach more sensitive to the economic
-
Transparency as a Contested Fundamental in the Law of International Organizations International Organizations Law Review Pub Date : 2023-06-14 Catherine Brölmann
Against the backdrop of a recent turn to theory in the field of international organizations law this short article, part of the Special Forum on Contested Fundamentals of the Law of International Organizations, brings to the fore a characteristic of the international organization that should not be missing in the canon of fundamentals in international organizations scholarship. This is the transparency
-
Democratic Representation within International Organizations International Organizations Law Review Pub Date : 2022-12-30 Samantha Besson
International organizations (ios) have become key institutions in contemporary international law-making. Their increase in authority has, however, come together with a decrease in politicization. This has led, when the question of their control arose, to largely distracting discussions about ‘good governance’ and ‘accountability’. This article focuses on one of the central dimensions of what could
-
International Organizations and World Making Practices: Some Notes on Method International Organizations Law Review Pub Date : 2022-12-30 Negar Mansouri
In 2013, the International Law Commission (ilc) embarked on a codification project on identification of customary international law, including the role that international organizations (ios) might play in the formation of customary norms. Parallel discussions in the international law academy surrounding the role of ios reflected similar disciplinary anxieties as older debates on ios and law making
-
The New German Host State Act International Organizations Law Review Pub Date : 2022-12-30 Hans Peter Kunz-Hallstein
States compete in seeking to host international institutions. To this end Germany recently adopted a national host state act offering interested institutions and their organizational units an extensive catalogue of privileges and immunities. This piece presents the act and addresses the question of its applicability to organizations and any subsidiaries hosted under earlier international instruments
-
Binding the International Maritime Organization to the United Nations Convention on the Law of the Sea International Organizations Law Review Pub Date : 2022-11-22 Baine P. Kerr
The International Maritime Organization’s member states are considering a range of measures to reduce greenhouse gas emissions from shipping, including a fuel oil levy to fund low and zero carbon technology research and development. This article evaluates whether the International Maritime Organization is legally bound by the United Nations Convention on the Law of the Sea—in particular its Articles
-
Distinct Persons; Distinct Territories: Rethinking the Spaces of International Organizations International Organizations Law Review Pub Date : 2022-11-22 Gail C. Lythgoe
Implicit spatial assumptions inform the law of international organisations, including the very concept of an international organization. In this paper, I argue that the reproduction of a physicalized and stato-centric notion of territory informs the idea that international organizations are functional entities without territories because ‘territory’ – as it has been long been conceptualised – has already
-
The who Foundation and the Law of International Organizations: Towards Better Funding for Global Health? International Organizations Law Review Pub Date : 2022-11-22 Helmut Philipp Aust, Prisca Feihle
The article explores the creation of the who Foundation, an independent legal entity aiming at the mobilisation of flexible funds for who’s budget. This development provides the basis for a more general reflection on the importance of funding issues for the study of international organizations (ios) from an international legal perspective. A comparison reveals that, in some crucial aspects, the who
-
The International Health Regulations as a who Constitutional Instrument: Internal Governance and Regime Interactions International Organizations Law Review Pub Date : 2022-07-29 Gian Luca Burci, Stefania Negri
The International Health Regulations (ihr) have been severely tested by the covid-19 pandemic. Recent reviews have identified a number of gaps and challenges and proposed improvement, but the Regulations should be analysed in their context as a constitutional instrument deeply embedded in who’s governance to better understand their systemic strengths and weaknesses. The ihr embody a managerial model
-
Mending Dispute Resolution under the International Health Regulations International Organizations Law Review Pub Date : 2022-07-29 Steven J. Hoffman, Roojin Habibi, Pedro Villarreal, Sophie Campbell
International dispute resolution not only aims to redress wrongdoings, but also to deter states from violating obligations. Approaching the International Health Regulations (ihr) from this viewpoint and using recent global health crises as examples, this paper argues that dispute resolution must be strengthened in the ihr in order to protect global health security. While a diverse range of dispute
-
One Health and Pathogen Sharing: Filling the Gap in the International Health Regulations to Strengthen Global Pandemic Preparedness and Response International Organizations Law Review Pub Date : 2022-07-29 Stefania Negri, Mark Eccleston-Turner
The covid-19 pandemic and other major public health emergencies of international concern occurred in the last 20 years remind us of the close interconnections between human, animal, and environmental health and the need for collaborative and multisectoral approaches to address complex health threats. These outbreaks also serve to highlight the importance of timely sharing of pathogens, which are used
-
Strengthening the Monitoring of States’ Compliance with the International Health Regulations International Organizations Law Review Pub Date : 2022-07-29 Pedro A. Villarreal, Roojin Habibi, Allyn Taylor
The current article aims to undertake a retrospective and a prospective analysis of compliance monitoring under the International Health Regulations of 2005 (ihr (2005)). First, different theoretical understandings of compliance are discussed. The study then focuses on a ‘triad’ of obligations under the ihr (2005): 1) to timely and effectively notify the World Health Organization (who) of events that
-
The World Health Organization, International Health Regulations and Human Rights Law International Organizations Law Review Pub Date : 2022-07-29 Lisa Forman, Sharifah Sekalala, Benjamin Mason Meier
This article examines the influence of human rights law on infectious disease control through the World Health Organization (who) International Health Regulations (‘IHR’). The who’s evolving work to mainstream human rights in global health governance strongly influenced the 2005 revision of the ihr, framing a new balance between health and human rights in public health emergencies. The 2005 ihr make
-
The World Health Organization’s Emergency Powers: Enhancing Its Legal and Institutional Accountability International Organizations Law Review Pub Date : 2022-07-29 Mark Eccleston-Turner, Pedro A. Villarreal
This paper evaluates the powers – both legal and non-legal – which the World Health Organization has at its disposal in an emergency. We demonstrate that the Director-General’s emergency decision-making powers are of concern for the relationship between the organization and Member States. We further question to whom it owes accountability as an international institution, and how to enhance it. Existing
-
igo s’ Initiatives as a Response to Crises and Unforeseen Needs International Organizations Law Review Pub Date : 2022-07-27 Nicola Bonucci, Gabrielle Marceau, André-Philippe Ouellet, Rebecca Walker
This article aims at reviewing the practice of ‘initiatives’ by Intergovernmental Organizations (igo s) when responding to crises or the unforeseen needs of their respective memberships. It forms part of a broader research project on the role of igo s in international law where more than 100 initiatives were identified so far, focusing on 14 igo s. The notion of an igo’s initiative, conceptualised
-
‘With Great Power Comes Great Responsibility’: Implied Obligations and the Responsibility to Protect International Organizations Law Review Pub Date : 2022-07-10 Niamh Kinchin
The General rules of interpretation in the Vienna Convention on the Law of Treaties (vclt) do not only apply to treaties; they also apply to the constitutions of International Organizations (io). A holistic approach to treaty interpretation that combines a textual application of the vclt with a teleological approach to the constitution’s “object and purpose” responds to the need to consider it as a
-
Governance Challenges and Opportunities for the International Labour Organization in the Wake of the COVID-19 Pandemic International Organizations Law Review Pub Date : 2021-12-20 Anne Trebilcock
The International Labour Organization has confronted several governance challenges in the wake of the COVID-19 pandemic. This article looks at the impact of the pandemic on both the internal operations of this unique tripartite UN Specialized Agency and on the ILO’s substantive work on labour market and social protection governance. It explores how international labour standards and their monitoring
-
In Search of Coherence: Burden and Standard of Proof in International Administrative Law International Organizations Law Review Pub Date : 2021-12-20 Jérémy Boulanger-Bonnelly, Louise Otis
The authors explore the rules governing the burden and standard of proof in international administrative law, both from a general perspective and in specific contexts such as termination for misconduct, harassment, retaliation, performance and promotions, and service-incurred illnesses. They compare the rules applied by various international administrative tribunals with those applied by courts in
-
The Limited Role of the European Union in the Management and Governance of the COVID-19 Pandemic International Organizations Law Review Pub Date : 2021-12-20 Joelle Grogan
Building on two global Symposia hosted by the Verfassungsblog and convened by the author, the 2020 “COVID-19 and States of Emergency” and the 2021 “Power and the COVID-19 Pandemic”, in addition to the findings of the Democracy Reporting International ‘Rule of Law Stress Test’ which surveyed EU Member States’ responses to the pandemic, this article investigates the impact of the pandemic on governance
-
On the Legitimacy and Effectivity of the World Bank and Its Pandenic Emergency Financing Facility (‘PEF’) at the Time of the covid-19 Outbreak International Organizations Law Review Pub Date : 2021-12-20 Francesco Seatzu
Pandemic financing has in the current climate of disruption and turmoil of an ongoing global pandemic become the most highly debated and controversial issue within the field of international public health law and policy. From the perspective of international public health law and policy, a precondition for success is that financial resources and funds are employed in an effective manner. Whether the
-
Ordering Institutions: The Judicial Function of the Permanent Court of International Justice in Relation to Interwar Organizations International Organizations Law Review Pub Date : 2021-12-20 Philip Burton
The Permanent Court played a vital role in the emergence of the law of international organizations. Existing accounts of this development focus on the Court’s conception of organizations. This paper argues that this interpretation underappreciates the controversy regarding the performance of the Permanent Court’s judicial function and its place within the inter-war institutional order. Crucially, it
-
Re-Evaluating Triage in International Justice during COVID-19 – Complying with the Rule of Law? International Organizations Law Review Pub Date : 2021-12-20 Francesca Ippolito
This article addresses the challenges (and responses thereto) for those international institutions devoted to mandatory monitoring the individuals’ protection of fundamental rights during and after the COVID pandemic. It covers the practice of several of the main regional (European, Inter-American and African) judicial and quasi-judicial human rights bodies in a comparative overview with the UN human
-
The Rule of Law and Good Governance at the United Nations during the COVID-19 Pandemic International Organizations Law Review Pub Date : 2021-12-20 Christiane Ahlborn
This contribution discusses how the United Nations (UN) adapted to the working conditions under the COVID-19 pandemic while respecting the rule of law and good governance at different levels. The article first examines what the rule of law means in the UN context. On this basis, the article then considers the different COVID-19-related emergency measures taken by the UN with a focus on four of the
-
Through the Rule of Law Looking Glass: The World Health Organization’s Role in Health Emergencies and Its Response to COVID-19 International Organizations Law Review Pub Date : 2021-12-20 Gian Luca Burci, Jennifer Hasselgård-Rowe
Transposing rule of law principles from the national to the international level, in particular to international organizations, still raises questions and can be problematic. However, rule of law considerations play an important role when international organizations exercise a substantial amount of public authority and may directly affect states as well as individuals. The World Health Organization
-
COVID-19 and International Organizations: Challenges and Opportunities from the Perspective of Good Governance and the Rule of Law International Organizations Law Review Pub Date : 2021-12-20 Julinda Beqiraj,Francesca Ippolito
-
Gavin Sullivan, The Law of the List: UN Counterterrorism Sanctions and the Politics of Global Security Law International Organizations Law Review Pub Date : 2021-10-06 Jan Klabbers
-
Cities in the Shadows of International Institutional Law International Organizations Law Review Pub Date : 2021-10-06 Jacob Katz Cogan
-
Fernando Lusa Bordin, The Analogy between States and International Organizations International Organizations Law Review Pub Date : 2021-07-29 Lorenzo Gasbarri
-
Shared Obligations and the Responsibility of an International Organization and Its Member States: The Case of EU Mixed Agreements International Organizations Law Review Pub Date : 2021-07-29 Nataša Nedeski
Discussions on the allocation of international responsibility between an international organization and its member states do not comprehensively engage with the role of obligations in assigning responsibility to the organization and/or its members. The present article sets out what will be termed an obligations-based approach to the allocation of international responsibility by exploring the phenomenon
-
The imf Conditionality in the Age of Post-National Governance International Organizations Law Review Pub Date : 2021-07-09 Vojtěch Belling, Lukáš Kollert, Martin Vojta
The paper focuses on conditionality in imf programs for member states of monetary unions in light of the decision of the imf’s Executive Board on Program Design in Currency Unions (2018). Despite the growing importance of supranational institutions, the imf lacked until 2018 any explicit framework for imposing conditions on currency union bodies in cases where a member state of such a union requested
-
Multiple Attribution of Conduct in EU Security Missions International Organizations Law Review Pub Date : 2021-07-07 Eugenio Carli
The paper explores the question of multiple attribution of conduct in the framework of EU security missions. Considering the lack of special rules of the EU on attribution of conduct in the course of Common Security and Defence Policy missions, normative references can be found in the 2011 Articles on the Responsibility of International Organizations, in particular Article 7 establishing the concept
-
Liberty of Entering in International Agreements and Compliance of International Obligations: Some Remarks Alongside the South African Courts’ Judgments on the sadc Tribunal International Organizations Law Review Pub Date : 2021-05-20 Elisa Tino
In August 2019 South Africa withdrew its signature from the Protocol on sadc Tribunal signed in 2014 by 9 sadc Member States. This decision was adopted in compliance with the judgment of the South African High Court as confirmed by the Constitutional Court which ruled that the participation of the President in the decision to suspend the sadc Tribunal, as well as his signature of the 2014 Protocol
-
-
-
covid-19 and the Governance of International Organizations International Organizations Law Review Pub Date : 2020-12-09 Gian Luca Burci
-
An Interim Post-Mortem: Specialised Courts in the EU Judicial Architecture after the Civil Service Tribunal International Organizations Law Review Pub Date : 2020-12-09 Graham Butler
The EU treaties allow the Union legislature to establish specialised courts within the institution of the Court of Justice. This possibility was inserted by the Treaty of Nice, and by 2005, the Union’s first and only specialised court to date was established—the Civil Service Tribunal (‘CST’). The judicial architecture of the Union has undergone transformative changes in recent years, and as part of
-
The Attribution Decision Adopted by the opcw’s Conference of States Parties and Its Legality International Organizations Law Review Pub Date : 2020-12-09 Alexander Orakhelashvili
This contribution examines the legal merit of the Decision Addressing the Treat from Chemical Weapons, adopted by the 89th Session of the General Conference of the Organization for the Prohibition of Chemical Weapons (‘opcw’) on 27 July 2018. While relating to matters of high political importance, this Decision still raises important issues of the constitutionality of international organizations’ use
-
The Role of Practice in International Organizations: The Case of Government Recognition by the International Monetary Fund International Organizations Law Review Pub Date : 2020-12-09 Lorenzo Arditi
This article explores the ‘practice’ of the International Monetary Fund (‘imf’) by focusing on the organization’s approach to recognition of governments. After analysing this approach in some detail, it surveys the organization’s practice from three perspectives. First, it identifies the different functions of practice within the imf’s legal system, including the imf’s treaty. Second, the article reviews
-
Separation of Powers in the United Nations System?: Institutional Structure and the Rule of Law International Organizations Law Review Pub Date : 2020-12-09 Miriam Cullen
This article contends that separation of powers offers a mitigating force in answering questions about the limits of the authority of the UN’s primary organs and provides a tool through which one can identify where the rule of law is under threat. Whether or not one agrees that separation of powers as such has legal applicability to the UN in a strict sense, there is value in casting the separation
-
A Guardian of Universal Interest or Increasingly Out of its Depth? International Organizations Law Review Pub Date : 2020-12-09 Richard Collins, Duncan French
In contemporary debates on the authority of global institutions, there is an important yet often overlooked organisational curiosity: namely, the International Seabed Authority (ISA). The ISA reflects a highpoint in international communitarian governance. Premised around traditional notions of access, control and allocation of deep seabed resources, its mandate is both invariably spatial-temporal,
-
Interactions between Regional and Universal Organizations: A Legal Perspective International Organizations Law Review Pub Date : 2020-12-07 Jan Klabbers
-
The Stellenbosch Consensus on Legal National Responses to Public Health Risks: Clarifying Article 43 of the International Health Regulations International Organizations Law Review Pub Date : 2020-12-02 Roojin Habibi, Steven J. Hoffman, Gian Luca Burci, Thana Cristina de Campos, Danwood Chirwa, Margherita Cinà, Stéphanie Dagron, Mark Eccleston-Turner, Lisa Forman, Lawrence O. Gostin, Benjamin Mason Meier, Stefania Negri, Gorik Ooms, Sharifah Sekalala, Allyn Taylor, Alicia Ely Yamin
The International Health Regulations (ihr), of which the World Health Organization is custodian, govern how countries collectively promote global health security, including prevention, detection, and response to global health emergencies such as the ongoing covid-19 pandemic. Countries are permitted to exercise their sovereignty in taking additional health measures to respond to such emergencies if
-
The Stellenbosch Consensus on the International Legal Obligation to Collaborate and Assist in Addressing Pandemics: Clarifying Article 44 of the International Health Regulations International Organizations Law Review Pub Date : 2020-12-02 Margherita M. Cinà, Steven J. Hoffman, Gian Luca Burci, Thana Cristina de Campos, Danwood Chirwa, Stéphanie Dagron, Mark Eccleston-Turner, Lisa Forman, Lawrence O. Gostin, Roojin Habibi, Benjamin Mason Meier, Stefania Negri, Gorik Ooms, Sharifah Sekalala, Allyn Taylor, Alicia Ely Yamin
The International Health Regulations (ihr), of which the World Health Organization is custodian, govern how countries collectively promote global health security, including prevention, detection, and response to potential global health emergencies such as the ongoing covid-19 pandemic. While Article 44 of this binding legal instrument requires countries to collaborate and assist each other in meeting
-
The Contribution of International Organizations to the Formation, Interpretation and Identification of International Law: Questions Arising from the Work of the International Law Commission International Organizations Law Review Pub Date : 2020-07-28 Janina Barkholdt
In light of increased pressure on multilateral institutions, this article assesses the contribution of international organizations (IOs) to shaping international law. For that purpose, it analyses the recent work of the International Law Commission (ILC) regarding the role of IOs and its reception by States. The article argues that States do not perceive IOs as a relic of bygone times. Instead, the
-
The WIPO-WTO Relationship: Moving beyond the Forum-Shifting Theory? International Organizations Law Review Pub Date : 2020-06-08 Gabriele Gagliani
The current, prevailing narrative on the WIPO-WTO relationship refers to “forum-shifting”. The idea is that developed countries moved from WIPO to WTO in order to obtain stronger IP protection at the international level by joining trade talks with IP negotiations. As a result, WTO would have become the main international forum for trade-related IP issues. This paper argues that the forum-shifting narrative
-
Never Waste a Good Crisis International Organizations Law Review Pub Date : 2020-06-05 Gabrielle Marceau
-
-
Competence-Based Approach, Normative Control, and the International Responsibility of the EU and Its Member States: What Does Recent Practice add to the Debate? International Organizations Law Review Pub Date : 2020-06-05 Cristina Contartese
Within the debate on the attribution of international responsibility to international organizations and/or its Member States, the role that the internal rules of the organization may play is not settled. The competence-based approach, where a relationship is supposed to exist between the EU/Member States’ division of competences and international responsibility, and the normative control doctrine,
-
Diplomatic Privileges and Immunities for IGO-like Entities: A Step Towards a New Diplomatic Law? International Organizations Law Review Pub Date : 2020-06-05 Davorin Lapaš
Contemporary international relations have resulted not only in the establishment of intergovernmental organizations (‘IGOs’), but also in the emergence of certain IGO-like entities which are entering into ‘diplomatic-like’ relations with states, characterised by privileges and immunities similar to those provided under classic diplomatic law. This paper analyses such diplomatic-like relations between