{"title":"The Contribution of International Organizations to the Formation, Interpretation and Identification of International Law","authors":"Janina Barkholdt","doi":"10.1163/15723747-2020021","DOIUrl":"https://doi.org/10.1163/15723747-2020021","url":null,"abstract":"\u0000In 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 sceptical attitude of some States seems to be based primarily on a lack of conceptual clarity with regard to IO practice. Yet, a changing geopolitical landscape increases the pressure on lawyers to explain firstly, that the relevance of IO practice finds support in international law (and not only in favourable power relations), and secondly, that the law provides means to integrate a more plural international order within a common framework. On that basis, the article sketches possible approaches to four issues which were left open by the ILC.","PeriodicalId":42966,"journal":{"name":"International Organizations Law Review","volume":"-1 1","pages":"1-45"},"PeriodicalIF":0.7,"publicationDate":"2020-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15723747-2020021","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46570917","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":"Introduction to International Organizations","authors":"W. T. Worster","doi":"10.4324/9781315165189-1","DOIUrl":"https://doi.org/10.4324/9781315165189-1","url":null,"abstract":"","PeriodicalId":42966,"journal":{"name":"International Organizations Law Review","volume":"46 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2020-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90960837","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 WIPO-WTO Relationship","authors":"Gabriele Gagliani","doi":"10.1163/15723747-2020017","DOIUrl":"https://doi.org/10.1163/15723747-2020017","url":null,"abstract":"\u0000The 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, despite its merits, may fail to catch the complexity of WIPO-WTO relationship. Moreover, long-standing issues, as well as recent developments in trade and IP, demonstrate that the two Organizations have been characterized by continuity and constitute in reality interdependent, complementary fora. This is not to deny the differences existing between WIPO and WTO nor to discard the merits of the forum-shifting theory. Nonetheless, it is argued, it is time to move beyond it in order to grasp the implications of the WIPO-WTO relationship towards future international economic governance.","PeriodicalId":42966,"journal":{"name":"International Organizations Law Review","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2020-06-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15723747-2020017","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42691151","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":"Binding the United Nations to Customary (Human Rights) Law","authors":"N. Quenivet","doi":"10.1163/15723747-20181138","DOIUrl":"https://doi.org/10.1163/15723747-20181138","url":null,"abstract":"Whilst most legal scholarship focuses on the responsibility of the United Nations for human rights violations few studies have ascertained the legal basis of the primary rules leading to such responsibility. This article fills this gap by reviewing the theories used to bind the UN to customary human rights law: (1) the UN has inherited its member states’ obligations, (2) participation in the formation of customary human rights law implies being bound by it, (3) the UN is bound by international law because it has legal personality and (4) as the UN is embedded in international law it must comply with its norms. Such theories are further tested against the backdrop of international organizations’ theories. The article draws the conclusion that (1) should be rejected, (2) is not yet legally sound and (3)-(4), despite their flaws, are more persuasive. Ultimately, recourse must be had to general international law.","PeriodicalId":42966,"journal":{"name":"International Organizations Law Review","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2020-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15723747-20181138","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43599766","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":"Diplomatic Privileges and Immunities for IGO-like Entities: A Step Towards a New Diplomatic Law?","authors":"Davorin Lapaš","doi":"10.1163/15723747-20181132","DOIUrl":"https://doi.org/10.1163/15723747-20181132","url":null,"abstract":"<p>Contemporary international relations have resulted not only in the establishment of intergovernmental organizations (‘<span style=\"font-variant: small-caps;\">IGO</span>s’), but also in the emergence of certain <span style=\"font-variant: small-caps;\">IGO</span>-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 states and a number of these <span style=\"font-variant: small-caps;\">IGO</span>-like entities primarily in relation to so-called ‘trans-governmental organizations’ (‘<span style=\"font-variant: small-caps;\">TGO</span>s)’. In addition, organizations composed of formally non-state entities, but with an undoubtedly public purpose, such as the International Committee of the Red Cross (‘<span style=\"font-variant: small-caps;\">ICRC</span>’) or the International Federation of Red Cross and Red Crescent Societies (‘<span style=\"font-variant: small-caps;\">IFRC</span>’), as well as other so-called ‘advanced’ non-governmental organizations (‘<span style=\"font-variant: small-caps;\">NGO</span>s’), will also be discussed due to their participation in legally regulated international, diplomatic-like relations with states and <span style=\"font-variant: small-caps;\">IGO</span>s.</p>","PeriodicalId":42966,"journal":{"name":"International Organizations Law Review","volume":"16 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2020-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138515730","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":"Never Waste a Good Crisis","authors":"G. Marceau","doi":"10.1163/15723747-01702001","DOIUrl":"https://doi.org/10.1163/15723747-01702001","url":null,"abstract":"","PeriodicalId":42966,"journal":{"name":"International Organizations Law Review","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2020-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15723747-01702001","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48804872","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":"Susan Block-Lieb and Terence C. Halliday, Global Lawmakers: International Organizations in the Crafting of World Markets","authors":"Ondřej Svoboda","doi":"10.1163/15723747-2020019","DOIUrl":"https://doi.org/10.1163/15723747-2020019","url":null,"abstract":"","PeriodicalId":42966,"journal":{"name":"International Organizations Law Review","volume":"83 1","pages":"128-132"},"PeriodicalIF":0.7,"publicationDate":"2020-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138515716","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":"Competence-Based Approach, Normative Control, and the International Responsibility of the EU and Its Member States: What Does Recent Practice add to the Debate?","authors":"Cristina Contartese","doi":"10.1163/15723747-2019007","DOIUrl":"https://doi.org/10.1163/15723747-2019007","url":null,"abstract":"<p>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 <span style=\"font-variant: small-caps;\">EU</span>/Member States’ division of competences and international responsibility, and the normative control doctrine, where the Union is deemed responsible for the actions of its Member States in the course of implementing <span style=\"font-variant: small-caps;\">EU</span> law, are at the heart of such debate. This contribution aims to investigate whether the recent practice concerning the Union’s international responsibility in the fields of fisheries and investment adds clarifying elements. The analysis will specifically focus on the 2015 <em><span style=\"font-variant: small-caps;\">ITLOS</span></em>\u0000<em>Advisory Opinion (Case No 21)</em>, an award under the <em>Energy Charter Treaty</em> (<em>Electrabel v Hungary</em>), and the investor-to-state dispute settlement mechanisms laid down in the recent <span style=\"font-variant: small-caps;\">EU</span> bilateral investment agreements. Although one of these cases seems to implicitly recognise the normative control as a rule for the attribution of conduct to the <span style=\"font-variant: small-caps;\">EU</span> when its Member States act implementing Union acts, what is missing, however, is a clear and deep debate on its specific elements. Discussions on a competence-based approach and normative control seem generally confused at the <span style=\"font-variant: small-caps;\">EU</span> as well as at the international community level, suggesting that important opportunities have been missed to properly re-open the debate on the role of the organizations’ internal rules for the attribution of international responsibility.</p>","PeriodicalId":42966,"journal":{"name":"International Organizations Law Review","volume":"42 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2020-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138515731","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":"Rethinking International Institutionalisation through Treaty Organs","authors":"Gloria Fernández Arribas","doi":"10.1163/15723747-2019012","DOIUrl":"https://doi.org/10.1163/15723747-2019012","url":null,"abstract":"Treaty organs constitute a new system of international cooperation. The lack of definition and regulation for these new entities and their particularities deserves in-depth analysis due to its proliferation, especially in the area of international environmental law. This article will analyse the establishment of treaty organs and will seek a definition that allows them to be differentiated from international organizations. It will give attention to the concept of a set of organs and legal personality to determine the differences between international organizations and treaty organs. Finally, the possible application of international institutional law to treaty organs will be studied.","PeriodicalId":42966,"journal":{"name":"International Organizations Law Review","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2020-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15723747-2019012","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48483318","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 Controversial Role of Litigation in the Struggle to Revive Individual Access to the Tribunal of the Southern African Development Community","authors":"E. D. Wet","doi":"10.1163/15723747-2020022","DOIUrl":"https://doi.org/10.1163/15723747-2020022","url":null,"abstract":"\u0000The article examines four categories of litigation that were undertaken in the wake of the suspension of the sadc Tribunal. The first category of proceedings concerned a claim and request for an advisory opinion under the African Charter on Human and Peoples’ Rights (African Charter); the second related to arbitration proceedings based on the sadc Protocol on Finance and Investment (fip); the third focussed on proceedings regarding the potential unconstitutionality of a government’s participation in the suspension of the sadc Tribunal; while the fourth concerned conflicts between the sadc and employees before the Botswana High Court. In analysing these proceedings, the article assesses whether litigation thus far undertaken is likely to increase pressure on sadc member states to reinstate some form of individual complaints procedure before the sadc Tribunal.","PeriodicalId":42966,"journal":{"name":"International Organizations Law Review","volume":"-1 1","pages":"1-33"},"PeriodicalIF":0.7,"publicationDate":"2020-05-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15723747-2020022","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42018613","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}