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format of ARS 2001 by containing similar chapters and articles. In addition to articles on internationally wrongful acts, acts of organisations, attribution, breach of international obligations and the responsibility of an international organisation in connection with acts of state, reviewed earlier in the chapter, ARIO 2011 also contains useful chapters and articles on: circumstances precluding wrongfulness (consent, self-defence, countermeasures, force majeure , distress, necessity, and compliance with peremptory norms); 67 general principles on the content of the
69 Development of international organisations The establishment of international organisations can be explained by the need of states to work together towards common goals. The first international organisations therefore had a functional character. After the First World War, they increasingly took on a political character. The development of international
International organisations have emerged in the United Nations era, alongside States, as some of the most prominent actors in international law. Within a very limited time-span they have grown considerably in number but also in size. There remains nevertheless, until today, a certain ambivalence as to their lawmaking capacity in the international legal order, especially with respect to customary international law. 1 The argument has been made long ago that such institutions provide ‘shortcuts to finding custom’. 2 Decision-making procedures within such
International organisations are a central component of modern international society. This book provides a concise account of the principles and norms of international law applicable to the intergovernmental organisation (IGO). It defines and explains inter-governmentalism and the role of law in its regulation. The book presents case studies that show how the law works within an institutional order dominated by politics. After a note on the key relationship between the IGO and its member states, it examines the basic relationship between the UN and states in terms of membership through admissions, withdrawal, expulsion, suspension, and representation. The debate about the extent of the doctrine of legal powers is addressed through case studies. Institutional lawmaking in the modern era is discussed with particular focus on at the impact of General Assembly Resolutions on outer space and the Health Regulations of the World Health Organization. Non-forcible measures adopted by the UN and similar IGOs in terms of their legality (constitutionality and conformity to international law), legitimacy and effectiveness, is covered next. The different military responses undertaken by IGOs, ranging from observation and peacekeeping, to peace enforcement and war-fighting, are discussed in terms of legality and practice. The book also considers the idea of a Responsibility to Protect and the development of secondary rules of international law to cover the wrongful acts and omissions of IGOs. It ends with a note on how the primary and secondary rules of international law are upheld in different forms and mechanisms of accountability, including courts.
176 Failed imagination? 6 International organisation, global security and the NWO Introduction In any discussion about how to achieve an NWO the question of how to implement that order has always been paramount. However, it has often been observed that ‘one man’s order is another man’s repression’, in other words, that order is a normative concept. The many different models suggested for achieving it – balance of power, alliance systems, ‘concerts’ and ‘leagues’ – are all underpinned by a dialectic between those who see the aim of the order so created as a
This chapter addresses global international organisations other than the UN. First, it compares the UN with other international organisations before examining the International Labour Organization, the World Health Organization, the International Civil Aviation Organization, and the International Maritime Organization.
It seems uncontested that international organisations 1 can contribute to the making of customary international law. 2 Interestingly, however, the attention of international legal scholars has mostly been drawn to the role international organisations play as forums for evidence of practice and opinio juris of States, 3 rather than their direct involvement as independent international legal persons. This chapter aims to fill the shortfall of international organisations-focused research. It seeks to demonstrate the increasingly important role of
This book introduces international bureaucracy as a key field of study for public administration and also rediscovers international bureaucracy as an essential ingredient in the study of international organizations. Firstly, the book systematically compares behavioural dynamics within a carefully selected number of international bureaucracies. The focus is on studying these dynamics within international bureaucracies at the actor level - that is, by studying the behaviour and roles as perceived by the officials themselves. The book outlines a conceptual map of four generic behavioural dynamics that are likely to be evoked by these officials: intergovernmental, supranational, departmental and epistemic dynamics. Essentially, the Westphalian international order dominated by the intergovernmental dynamic is challenged to the extent that international bureaucracies embed supranational, departmental and epistemic dynamics in everyday decision-making processes. Admittedly, there are no guarantees that these dynamics always materialise in the actors' behaviour and ultimately in the decisions reached by international organisations. However, they serve as cognitive and normative frames for action, rendering it more likely than not that particular decision-making dynamics are associated with certain behavioural patterns. Secondly, the book illuminates some causal factors that may help to explore the conditions under which different behavioural dynamics are manifested in the behavioural and role perceptions of the incumbents of international bureaucracies. Essentially, the authors do not propose to 'test' the four dynamics outlined above in a rigorous manner. They serve more as 'searchlights for illuminating empirical patterns in our data'.
This collection of chapters provides the most comprehensive study of the theory and practice on the contribution of international organisations and non-State actors to the formation of customary international law. It offers new practical and theoretical perspectives on one of the most complex questions about the making of international law, namely the possibility that actors other than states contribute to the making of customary international law. Notwithstanding the completion by the International Law Commission of its work on the identification of customary international law, the making of customary international law remains riddled with acute practical and theoretical controversies which have been left unresolved and which continue to be intensively debated in both practice and scholarship. Making extensively reference to the case-law of international law courts and tribunals as well as the practice of treaty-monitoring bodies while also engaging with the most recent scholarly work on customary international law, this new volume provides innovative tools and guidance to legal scholars, researchers in law, law students, lecturers in law, practitioners, legal advisers, judges, arbitrators, and counsels as well as tools to address contemporary questions of international law-making.
3436 Unpacking international organisations:2833Prelims 22/3/10 14:56 Page 3 1 The bureaucracy of international organisations International bureaucracies are compound systems of public administration that blend departmental, epistemic and supranational decision-making dynamics. The intergovernmental dynamic is seen to be less essential within international bureaucracies. The fact that the departmental dynamic seems to be overwhelmingly present does not mean that other dynamics are absent; rather, the departmental logic seems to be the basis and maybe even the