{"title":"Re-Evaluating Triage in International Justice during COVID-19 – Complying with the Rule of Law?","authors":"F. Ippolito","doi":"10.1163/15723747-18030007","DOIUrl":"https://doi.org/10.1163/15723747-18030007","url":null,"abstract":"\u0000This 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 rights monitoring bodies and the International Criminal Court. The interesting medical metaphor of ‘triage’ (i.e., designing a system of priorities to maximize impact, during an emergency) is used to discuss the measures taken to preserve the rule of law, both in their internal functioning as well as in promoting the rule of law within national legal orders when monitoring the States’ compliance with international human rights obligations and guidelines about COVID-19. While overall, procedures in the different bodies were developed to ensure that the rule of law is maintained, which makes it easier to respond to similar crises in the future, the pandemic also sheds light on the need to revisit some substantive concepts in human rights law.","PeriodicalId":42966,"journal":{"name":"International Organizations Law Review","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47487019","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}
{"title":"On the Legitimacy and Effectivity of the World Bank and Its Pandenic Emergency Financing Facility (‘PEF’) at the Time of the covid-19 Outbreak","authors":"F. Seatzu","doi":"10.1163/15723747-18030006","DOIUrl":"https://doi.org/10.1163/15723747-18030006","url":null,"abstract":"\u0000Pandemic 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 International Bank for Reconstruction and Development (‘World Bank’ or ‘WB’) and the Pandemic Emergency Financing Facility (‘PEF’) – a financing mechanism housed at the WB – may be perceived as effective public health players shall be established by referring to their mandates, their inherent capacity for enhancing accepted global legal standards and rules on public health and their funding methods and practices. After the affirmation and consolidation of its role in the public health sector in the early 1990s, the WB has rapidly accredited itself as the most active intergovernmental institution dealing with pandemic and epidemic financing. Its direct involvement in public health trust funds, such as the Avian Flu Trust Fund Facility and the Health Emergency Preparedness and Response Multi-Donor Fund (the HEPRF), and its lending practices and internal policies and procedures were of crucial significance in this respect. Considering that acceptance of international institutions, including international financial institutions, has always been conditioned by their acknowledgment as legally legitimate, legitimacy is regarded as closely connected to effectiveness. The criteria for establishing legitimacy in relation to international financial institutions are increasingly, amongst others, the respect and promotion of rule of law standards in the recipient states. From this perspective, the WB’s functional and management structures, but not the PEF’s structures and management, have made noteworthy progress, and notwithstanding some deficiencies and peculiarities they present several elements of legitimate decision-making.","PeriodicalId":42966,"journal":{"name":"International Organizations Law Review","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41442187","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}
{"title":"The Rule of Law and Good Governance at the United Nations during the COVID-19 Pandemic","authors":"Christiane Ahlborn","doi":"10.1163/15723747-18030005","DOIUrl":"https://doi.org/10.1163/15723747-18030005","url":null,"abstract":"<p>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 UN principal organs: the Secretariat, the Security Council, the General Assembly, and the International Court of Justice. Overall, the UN has succeeded in maintaining public trust, including the trust of its member states, in responding to and recovering from the COVID-19 pandemic because it continued to respect standards of good governance and the rule of law during the pandemic. Moreover, the UN has learned important lessons that will allow it to adapt even better to future emergencies.</p>","PeriodicalId":42966,"journal":{"name":"International Organizations Law Review","volume":"44 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138515714","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}
{"title":"In Search of Coherence: Burden and Standard of Proof in International Administrative Law","authors":"Jérémy Boulanger-Bonnelly, L. Otis","doi":"10.1163/15723747-18030009","DOIUrl":"https://doi.org/10.1163/15723747-18030009","url":null,"abstract":"\u0000The 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 domestic jurisdictions. They conclude that some international organizations should review their rules in the interest of coherence, and revert back to a contextualized application of the usual civil standard of proof instead of applying different standards depending on the circumstances.","PeriodicalId":42966,"journal":{"name":"International Organizations Law Review","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42696381","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}
{"title":"Ordering Institutions: The Judicial Function of the Permanent Court of International Justice in Relation to Interwar Organizations","authors":"Philip A. Burton","doi":"10.1163/15723747-18030010","DOIUrl":"https://doi.org/10.1163/15723747-18030010","url":null,"abstract":"\u0000The 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 is claimed that initially the Permanent Court adopted the perspective of an authoritative interpreter, limiting the scope for recognising the autonomy of organizations. However, the Court began to adopt a more restrained conception of its judicial function and recognised that international organizations possessed a form of compétence de la compétence. This recognition paved the way for a ‘law of international organizations’ to emerge, but, crucially, was not based on any revised understanding of what it meant to ‘be’ an international organization, but rather, on what it meant to ‘be’ an international court.","PeriodicalId":42966,"journal":{"name":"International Organizations Law Review","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46506673","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}
{"title":"Governance Challenges and Opportunities for the International Labour Organization in the Wake of the COVID-19 Pandemic","authors":"A. Trebilcock","doi":"10.1163/15723747-18030004","DOIUrl":"https://doi.org/10.1163/15723747-18030004","url":null,"abstract":"\u0000The 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 offer human rights pointers for addressing the crisis. The article highlights interaction (not always coherent) between the ILO and other organizations in connection with COVID-19 and economic recovery. It foreshadows initiatives on how to ‘build back better,’ with the ILO again seeking a strengthened multilateral role in support of its social justice mandate, as informed by resolutions adopted by the International Labour Conference. The article also touches on the pandemic’s impact on the functioning of the ILO Administrative Tribunal, which adjudicates employment disputes for many international organizations.","PeriodicalId":42966,"journal":{"name":"International Organizations Law Review","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49656114","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}
{"title":"COVID-19 and International Organizations: Challenges and Opportunities from the Perspective of Good Governance and the Rule of Law","authors":"Julinda Beqiraj, F. Ippolito","doi":"10.1163/15723747-18030001","DOIUrl":"https://doi.org/10.1163/15723747-18030001","url":null,"abstract":"Almost two years since the COVID-19 outbreak, the extreme pressure put by the pandemic on legal systems worldwide cannot be ignored. Governments have struggled to adapt existing legislative frameworks, administrative functions, and executive decision-making to the fast-changing and complex situation of the pandemic emergency. In the case of International Organizations (IOs), the crisis, involving disruptions of daily activities, as well as of core civil, political, economic and social rights, has put to test their everyday operations, often questioning their ability to realize their mandate. Although the pandemic is far from left behind and the lessons learnt may not be fully captured yet this special Forum comes at a critical moment in time and serves as an “along the way’ assessment of the challenges encountered, and the solutions implemented. As governments and IOs (slowly) resume their activities and prepare to go back to normal operation modes, an assessment of what has been done so far and of the responses to the challenges posed by the pandemic, is a precious exercise for the purpose of identifying areas, activities and approaches allowing IOs to play a better role in cases of public (health) emergencies comparable to COVID-19. The Forum discusses","PeriodicalId":42966,"journal":{"name":"International Organizations Law Review","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49266349","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}
{"title":"The Limited Role of the European Union in the Management and Governance of the COVID-19 Pandemic","authors":"J. Grogan","doi":"10.1163/15723747-18030008","DOIUrl":"https://doi.org/10.1163/15723747-18030008","url":null,"abstract":"\u0000Building 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 and legal systems within the EU, and evaluates the actions taken by EU institutions and national governments in response to the health crisis against the standards of the rule of law.","PeriodicalId":42966,"journal":{"name":"International Organizations Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41403940","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}
{"title":"Cities in the Shadows of International Institutional Law","authors":"Jacob Katz Cogan","doi":"10.1163/15723747-18020002","DOIUrl":"https://doi.org/10.1163/15723747-18020002","url":null,"abstract":"International organizations have become more interested in working with cities, and cities have become more interested in working with international organizations. The motivations of each are largely the same and straightforward: the mutual conclusion that certain issues require global coordinated action and that such action can only be fully and successfully accomplished by working at and with the local level. International organizations, especially their leaders and staff, now recognise that their success requires, at the very least, the assistance of local authorities, and they believe, counter to the default rules and assumptions of the international system, that the interface between organizations and cities often works best when it is direct and unmediated by national authorities. As more and more global problems are sourced to cities, for international organizations cities have become obvious and sometimes even optimal partners for both functional and legitimacy reasons. For their part, cities have come to appreciate that global processes have local effects, and they have therefore sought influence in and the assistance of international organizations. Like the concomitant moves by international organizations to engage with cities without states as minders, there is a logic to this piercing of the veil of national sovereignty that has been borne of contemporary circumstances.1","PeriodicalId":42966,"journal":{"name":"International Organizations Law Review","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48964410","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}
{"title":"Gavin Sullivan, The Law of the List: UN Counterterrorism Sanctions and the Politics of Global Security Law","authors":"J. Klabbers","doi":"10.1163/15723747-18020001","DOIUrl":"https://doi.org/10.1163/15723747-18020001","url":null,"abstract":"","PeriodicalId":42966,"journal":{"name":"International Organizations Law Review","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48045011","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}