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Author: Nigel D. White

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.

The dynamics of compound bureaucracies

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'.

Nigel D. White

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

in The law of international organisations (third edition)
Jarle Trondal, Martin Marcussen, Torbjörn Larsson and Frode Veggeland

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

in Unpacking international organisations
Jarle Trondal, Martin Marcussen, Torbjörn Larsson and Frode Veggeland

3436 Unpacking international organisations:2833Prelims 22/3/10 14:56 Page 138 7 Supranational dynamics in international bureaucracies Exploring supranational dynamics In this chapter we will investigate how supranational dynamics are played out among civil servants working in the bureaucracies of the WTO, the OECD and the Commission. In order to do this, we need to have a clear understanding of what ‘supranational dynamics’ are. What do we mean by ‘supranationalism’ and what is a ‘supranational mode of governance’? What does it mean to act and behave

in Unpacking international organisations
Jarle Trondal, Martin Marcussen, Torbjörn Larsson and Frode Veggeland

3436 Unpacking international organisations:2833Prelims 22/3/10 14:56 Page 21 2 On the principles of organisation of international bureaucracies Beyond single-case studies there is a surprising dearth of theoretically informed comparative studies of the internal dynamics of international bureaucracies (Barnett and Finnemore 1999; Checkel 2003; Gehring 2003: 4; Gould and Kelman 1970; Johnston 2005; Mouritzen 1990; Reinalda and Verbeek 2004b; Rochester 1986). International bureaucracies – and particularly international civil servants – are the invisible actors

in Unpacking international organisations
Jarle Trondal, Martin Marcussen, Torbjörn Larsson and Frode Veggeland

3436 Unpacking international organisations:2833Prelims 22/3/10 14:56 Page 171 9 Intergovernmental dynamics in international bureaucracies Traditionally, an intergovernmental behavioural pattern has been seen as containing two core ingredients. Firstly, an official is guided by intergovernmental dynamics if s/he acts in accordance with formal or informal instructions or mandates issued by his or her member state. The second aspect of intergovernmental dynamics focuses on the self-perceptions of the officials. An official is thus intergovernmental if s/he is

in Unpacking international organisations
Abstract only
Jarle Trondal, Martin Marcussen, Torbjörn Larsson and Frode Veggeland

3436 Unpacking international organisations:2833Prelims 22/3/10 14:56 Page 88 5 The WTO Secretariat The World Trade Organization (WTO)was established as an intergovernmental organisation in 1995 and is the only global organisation to deal with the regulation of world trade. The creation of the WTO was one of the most dramatic advances in multilateralism since the institutionbuilding period of the late 1940s when inter alia GATT (General Agreement on Tariffs and Trade), the predecessor to the WTO, was created (WTO 2004: 9). The increased importance of the GATT

in Unpacking international organisations
Nigel D. White

This chapter explains what an inter-governmental organisation (IGO) is and why the UN is the leading example. A contrast will be made with other forms of organisation, particularly the supranational integration organisation (principally the EU). This chapter also defines the law of international organisations as the law governing, applicable to and produced by such organisations, and explains how this is best studied through a focus on the UN and related IGOs. The method used in the book is explained. This is not over-theorised given the textbook nature of the

in The law of international organisations (third edition)
Abstract only
Nigel D. White

From the outset, this text makes it clear that the law of international organisations is dominated by the UN and is actually best understood through a focus on that organisation. It defines and explains inter-governmentalism and the role of law in its regulation. The chapters in the new edition are not only re-ordered (with some merging), but have largely been rewritten with the insertion of a number of case studies that help to bring home how the law works within an institutional order dominated by politics. The case studies highlight the debates that surround

in The law of international organisations (third edition)