International Organizations Law Review最新文献_第2页

Regional Organizations in International Law: Exploring the Function-Territory Divide 国际法中的地区组织：探索职能与领土之分

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International Organizations Law Review Pub Date : 2024-05-06 DOI: 10.1163/15723747-21010007

Catherine Brölmann

{"title":"Regional Organizations in International Law: Exploring the Function-Territory Divide","authors":"Catherine Brölmann","doi":"10.1163/15723747-21010007","DOIUrl":"https://doi.org/10.1163/15723747-21010007","url":null,"abstract":"Regional international organizations have a problematic image among international lawyers (in contrast to IR scholars and international practitioners generally). In this paper I argue how this is due not to a systemic problem but rather to an ideological tension in international law. While according to received knowledge states are based on ‘territory’ and organizations are based on ‘function,’ it is true that the legal identity of regional organizations appears to have an uneasy combination of both. Yet, the contrasting notions of ‘territory’ and ‘function’ relate especially to the legal origin of states and organizations. The contrast does not as such ruffle the general mechanisms of international law. What is difficult, on the other hand, is to square the territorial (in truth geographical) dimension of regional organizations with the universalist aspirations of international law and with the claims of functionalist, a-political neutrality projected onto international organizations. Regional organizations challenge the vision of a universally applicable body of law as well as the vision of a world without territorial boundaries, where authority is segmented by specific issues or ‘functions.’ This ideological challenge is arguably a prime reason for the limited presence of regional organizations in international law narratives and in international (institutional) law scholarship.","PeriodicalId":42966,"journal":{"name":"International Organizations Law Review","volume":"34 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2024-05-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140935065","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Distinctiveness of Regional International Organization Law 区域性国际组织法的独特性

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International Organizations Law Review Pub Date : 2024-05-06 DOI: 10.1163/15723747-21010003

Damian Chalmers

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Between Functionalism and Hegemony: Regional International Organizations in the History of International Law 功能主义与霸权之间：国际法史上的地区性国际组织

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International Organizations Law Review Pub Date : 2024-05-06 DOI: 10.1163/15723747-21010004

Guy Fiti Sinclair

{"title":"Between Functionalism and Hegemony: Regional International Organizations in the History of International Law","authors":"Guy Fiti Sinclair","doi":"10.1163/15723747-21010004","DOIUrl":"https://doi.org/10.1163/15723747-21010004","url":null,"abstract":"This article examines the changing practice and theorisation of regional international organizations (rio s) since the early nineteenth century. It argues that the identity and place of rio s in international law have been continuously shaped and reshaped by the relational practices of particular entities, understood and enacted as more or less ‘regional’ and ‘organizational’, at different times and places. The article focuses on two axes of tension in particular: the positioning of rio s between functionalist and territorial logics; and the possibility of rio s being used for hegemonic or counter-hegemonic purposes. The article traces these two lines of tension through the practice of rio s and doctrinal and theoretical reflections on that practice, over four periods of uneven lengths: the late nineteenth and early twentieth centuries; the interwar period; the four decades following the Second World War; and the period since the end of the Cold War.","PeriodicalId":42966,"journal":{"name":"International Organizations Law Review","volume":"35 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2024-05-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140934984","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The European Union and Other Regional International Organizations: Tales of Solidarity 欧洲联盟和其他地区性国际组织：团结的故事

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International Organizations Law Review Pub Date : 2024-05-06 DOI: 10.1163/15723747-21010010

Eva Kassoti

{"title":"The European Union and Other Regional International Organizations: Tales of Solidarity","authors":"Eva Kassoti","doi":"10.1163/15723747-21010010","DOIUrl":"https://doi.org/10.1163/15723747-21010010","url":null,"abstract":"Regional International Organizations (rio s) are an important part of the modern international legal landscape. Yet, thus far, they have largely remained at the margins of scholarly attention. This contribution argues that, inter alia, the rio s’ lens provides valuable insights since rio s’ law casts in legal terms regional narratives of emancipation and solidarity that are central to bringing into existence and sustaining the legitimacy of new regional (legal) orders. The article then proceeds to trace the development of the principle of solidarity in international law and in the legal orders of two rio s, namely the European Union (EU) and the African Union (AU) with a view to providing concrete examples of the potential and limits of rio s to act as vehicles for realising regional narratives of solidarity. The article concludes by emphasising the importance of taking regional (legal) space seriously by highlighting the potential of rio s’ law to increase accountability and pluralise the geographies of international law.","PeriodicalId":42966,"journal":{"name":"International Organizations Law Review","volume":"41 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2024-05-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140935066","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Virtual Voting in rfmos: A Procedural Odyssey at the Indian Ocean Tuna Commission rfmos 虚拟投票：印度洋金枪鱼委员会的程序奥德赛

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International Organizations Law Review Pub Date : 2023-12-20 DOI: 10.1163/15723747-20030003

Valentin Schatz, Maia Perraudeau

{"title":"Virtual Voting in rfmos: A Procedural Odyssey at the Indian Ocean Tuna Commission","authors":"Valentin Schatz, Maia Perraudeau","doi":"10.1163/15723747-20030003","DOIUrl":"https://doi.org/10.1163/15723747-20030003","url":null,"abstract":"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 governance and procedural legal framework of regional fisheries management organizations (rfmo s). It first analyses the vote and the challenge to its validity. This article then constructs a taxonomy of the various procedural irregularities that were found to have occurred, the responsibility of institutional actors for their occurrence, and their legal consequences. The final substantive sections of this article examine how the iotc ultimately dealt with the situation and what potential role the available dispute settlement procedures could have had in addressing the discussed procedural irregularities.","PeriodicalId":42966,"journal":{"name":"International Organizations Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139022392","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The United Nations Security Council and Global Health Threats 联合国安理会与全球健康威胁

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International Organizations Law Review Pub Date : 2023-12-20 DOI: 10.1163/15723747-20030006

Adam Kamradt-Scott

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Acquiescence and the Immunity of UN Peacekeepers; Implicit Acceptance? 默许与联合国维和人员的豁免权；默许？

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International Organizations Law Review Pub Date : 2023-12-20 DOI: 10.1163/15723747-20030005

Steven van de Put

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The United Nations’ Obligation to Provide Access to Remedies to Third-Party Claimants Under International Law 联合国根据国际法向第三方索赔人提供救济途径的义务

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International Organizations Law Review Pub Date : 2023-12-20 DOI: 10.1163/15723747-20030004

Doris Uwicyeza Picard

{"title":"The United Nations’ Obligation to Provide Access to Remedies to Third-Party Claimants Under International Law","authors":"Doris Uwicyeza Picard","doi":"10.1163/15723747-20030004","DOIUrl":"https://doi.org/10.1163/15723747-20030004","url":null,"abstract":"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 claims against the UN are extinguished due to a lack of forum with jurisdiction over the UN. This article is a study into the second component of the remedy gap, namely, the lack of or inadequate alternative dispute resolution mechanisms. This is a study on the underlying obligation to provide access to remedies as a potential component of the remedy gap. It seeks to assess the legal framework of the UN’s obligation to provide access to remedies and the scope thereof. This is to establish whether the lack of or shortfalls of the UN’s alternative dispute resolution mechanisms are imputable to an inadequate legal framework which does not provide sufficient legal tools to ensure the suitable adjudication of claims or whether the issue lies in the implementation phase through the UN’s policies and practice. In essence, this article seeks to determine the basic rules that form part of the UN’s obligation to provide access to remedies. This is done through a comprehensive analysis of all the possible sources of this obligation to determine its scope.","PeriodicalId":42966,"journal":{"name":"International Organizations Law Review","volume":"17 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139022552","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

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unops and the Rise of Entrepreneurial International Organizations: A Case Study 联合国项目事务厅与创业型国际组织的崛起：案例研究

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International Organizations Law Review Pub Date : 2023-12-20 DOI: 10.1163/15723747-20030002

Ukri Soirila

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“What the Secretariat Makes It”: United Nations Civil Servants between Administrative Function and Contemporary International Lawmaking "秘书处做什么"？行政职能与当代国际法制定之间的联合国公务员关系

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International Organizations Law Review Pub Date : 2023-12-20 DOI: 10.1163/15723747-20030007

Hannah Birkenkötter

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