Virtually every important question of public policy today involves an international organization. From trade to intellectual property to health policy and beyond, governments interact with international organizations in almost everything they do. Increasingly, individual citizens are directly affected by the work of international organizations.
Aimed at academics, students, practitioners, and lawyers, this book gives a comprehensive overview of the world of international organizations today. It emphasizes both the practical aspects of their organization and operation, and the conceptual issues that arise at the junctures between nation-states and international authority, and between law and politics. While the focus is on inter-governmental organizations, the book also encompasses non-governmental organizations and public policy networks.
With essays by the leading scholars and practitioners, the book first considers the main international organizations and the kinds of problems they address. This includes chapters on the organizations that relate to trade, humanitarian aid, peace operations, and more, as well as chapters on the history of international organizations.
The book then looks at the constituent parts and internal functioning of international organizations. This addresses the internal management of the organization, and includes chapters on the distribution of decision-making power within the organizations, the structure of their assemblies, the role of Secretaries-General and other heads, budgets and finance, and other elements of complex bureaucracies at the international level. This book is essential reading for scholars, practitioners, and students alike.
Author(s): Jacob Katz Cogan; Ian Hurd; Ian Johnstone
Series: Oxford Handbooks
Edition: Hardcover, 1st ed.
Publisher: Oxford University Press, USA
Year: 2017
Language: English
Pages: 1244
Tags: International agencies--Law and legislation. International agencies. Non-governmental organizations--Law and legislation. Non-governmental organizations. International cooperation.
Contents
List of Figures xxix
List of Tables xxxi
Table of Cases xxxiii
Table of Instruments xlv
List of Abbreviations lxxxi
List of Contributors lxxxix
PART I INTRODUCTION
1. International Organizations in World Politics 3
Jon Pevehouse and Inken von Borzyskowski
The Demand for IOs: What Drives IO Formation? 4
Designing IOs: Once IOs Are the Solution—How Are They Built? 8
Deciding which IOs to Join or Act Through 16
Operating IOs 20
Outcomes 24
Conclusion 31
2. International Organizations and International Law 33
Anne Peters
The Effectiveness of International Organizations 34
The Accountability of International Organizations: Law as a Constrainer 41
Conclusions: Effectiveness and Accountability in Tune 58
3. The Law and Politics of International Organizations 60
Jeffrey L. Dunoff
Theory 61
Conceptual Issues 67
Policy Dilemmas 76
Conclusion 88
xvi contents
PART II HISTORY
4. International Organizations, 1865–1945 91
Madeleine Herren
The Crucial Decade of the 1860s and Its Consequences 93
Internationalism: People, Ideologies, Platforms, and
the Ambivalences of Eurocentrism 97
“Thoroughgoing Internationalism”: New Actors
and New Interactions under the Umbrella of the League
of Nations 101
Fascist Internationalism and International Organizations
during World War II 108
Conclusions 111
5. International Organizations, 1945–Present 113
B. S. Chimni
Mainstream History of IOs 115
Critical Histories 122
Emerging Themes 129
PART III FORMS OF ORGANIZATION
6. Formal Intergovernmental Organizations 133
Jan Klabbers
Why Create an International Organization? 137
Legal Personality 140
The Traditional Elements 143
Powers? 147
Conclusion 150
7. Supranational Organizations 152
Peter L. Lindseth
8. Private Transnational Governance 171
Walter Mattli
The Privatization of Transnational Governance and Its Limits 173
Endogenous Growth of Private Governance 180
Conclusion 186
contents xvii
PART IV ACTIVITIES OF ORGANIZATIONS
9. Peace Operations 191
Anjali Dayal and Lise Morjé Howard
Definitions 192
Evolving Mandates 195
Interpositional Peacekeeping 196
Multidimensional Peace Operations 197
Success, Failure, and the Brahimi Report 198
Civilian Protection, Peace Enforcement, and R2P 200
Mission Composition 203
Efficacy 205
Conclusion 208
10. Counterterrorism and Transnational Crime 211
James Cockayne
The Emergence of Transgovernmental Policing Networks 212
Counter-Narcotics: Hegemonic Criminal Law 213
Financial Crime: Hegemonic Criminal Law Goes Multi-Sectoral 216
Counterterrorism: Transgovernmental Networks Built
on Hegemonic Foundations 218
Transnational Organized Crime: A Patchwork of Solutions 224
Resource Trafficking: A Multi-Sectoral Approach 226
Counter-Piracy: Mixing Transgovernmentalism
and Multilateralism 227
Conclusion 230
11. Non-Proliferation and Disarmament 232
Waheguru Pal Singh Sidhu
The Long and Winding Road to the NPT 236
The UNSC and the Non-Proliferation Regime 241
Informal Arrangements 242
Three Challenges 243
Three Responses 244
Conclusion 247
12. Human Rights 249
Dinah Shelton
Organizations and Activities Prior to the United Nations 251
Human Rights in the UN Charter and Charter Bodies 255
Other Global Organizations 267
xviii contents
Regional Organizations 269
Conclusion 279
13. Criminal Justice 282
David J. Scheffer
The Role of International Organizations in the Creation
of International and Hybrid Criminal Tribunals 284
Structural and Substantive Law Comparison of the Tribunals 292
Conclusion 301
14. Humanitarian Action 303
Thomas G. Weiss
Some Definitions 304
Three Historical Periods 306
Who Comes to the Rescue? 312
Conclusion: Coordination, a Fool’s Errand? 321
15. Refugees and Internally Displaced Persons 323
Gil Loescher
Refugees and IDPs: Similarities and Differences 325
Refugees: The UNHCR and the Evolution of
the Refugee Regime 326
The UNHCR’s Normative Agenda 329
Political and Financial Constraints on the UNHCR 331
IDPs: The Evolution of an International Institutional Framework 332
Key Policy Challenges: Failure of Durable Solutions and the Rise
of Protracted Displacement 336
Key Policy Challenges: The UNHCR’s Dependence on Funding
and Cooperation from States 338
Key Policy Challenges: The Refugee Regime Complex 340
Key Policy Challenges: Changing Trends in Forced Migration 341
IDPs: Current Challenges and Emerging Issues 342
Toward a More Effective Response to Refugees and IDPs 344
16. Trade 347
Joel P. Trachtman
Functions of International Law of Trade and Functions of International
Organizations for Trade 348
Structure of the WTO 353
Free Trade Areas and Customs Unions 362
Conclusion: Relating Structure to Function 363
contents xix
17. International Finance 365
Manuela Moschella
Political Fragmentation: Who Does What in Global Financial Governance 367
Financial Stability as a Shared Responsibility 373
Where Does Interinstitutional Conflict Come From? 376
Conclusions 381
18. Economic Relations and Integration 384
Frank Schimmelfennig
The Design and Development of Regional Economic Integration 385
Economic Theory 391
Intergovernmentalism and Rationalist Institutionalism 393
Supranationalism and Historical Institutionalism 398
Constructivism and Sociological Institutionalism 401
Conclusion 404
19. Development 405
David M. Malone and Rohinton P. Medhora
The UN and Bretton Woods 407
Nontraditional Actors 415
Transitions 419
Conclusion 422
20. Environment 425
David A. Wirth
United Nations System 426
UN Specialized Agencies and Related Organizations 429
Non-UN Organizations 433
Cooperative Programs of Existing Organizations 435
Freestanding Multilateral Environmental Regimes 436
Bilateral and Regional Agreements 440
International Environmental Institutional and Regulatory Toolbox 442
Conclusion 445
21. Health 447
Gian Luca Burci and Andrew Cassels
International Organizations and Global Health Governance 448
The World Health Organization 452
Normative Functions 455
Technical Collaboration 463
Financing 465
xx contents
Coordination and Coherence 467
Conclusion 470
22. Labor 472
Brian Langille
Difficult Terrain: Five Dimensions of “Labor” as a Subject Matter
for International Organizations 473
The ILO 477
The Labor Debate in Other Interstate Organizations—
The World Trade Organization 483
The Market in Labor Rights 486
Conclusion 489
23. Religion 490
Helge Årsheim
The ‘Resurgence’ of Religion 491
Religious International Organizations 494
International Organizations and Religion 499
Conclusion 506
24. Democracy Promotion 508
Ian Johnstone and Michael Snyder
Approaches to Democracy Promotion 509
Normative Roots 511
Operational Activities 516
Impact of Operational Activities on International Law 529
Conclusion 533
25. Communications and the Internet 535
Milton Mueller
Global Liberalization of Telecommunications Services 536
Four Types of International Organizations 539
The Institutionalization of Internet Governance 546
Conclusion 555
PART V THE FUNCTIONS
OF INTERNATIONAL ORGANIZATIONS
26. Lawmaking 559
Nigel D. White
Organizations as Lawmakers 560
contents xxi
The Inadequacies of Traditional Sources of International Law 564
Lawmaking by Organizations 567
A Source of International Law? 573
Conclusion 579
27. Monitoring Processes 581
Timm Betz and Barbara Koremenos
A Survey of Monitoring Provisions in International Agreements 584
Explaining the Design of Monitoring Provisions 589
Conclusion 601
28. Sanctions 603
Jeremy Farrall
How United Nations Sanctions Work 604
How EU Sanctions Work 611
The Contest between Politics and the Rule of Law in International
Organization Sanctions 616
Conclusion 621
29. Use of Force 622
Marc Weller
The League as an Organization against War 626
The United Nations Organization as a System of Collective Security 629
Hierarchies within the Organizations in Relation to the Use of Force 638
Regional Organizations and Arrangements 640
Conclusion 641
30. Dispute Settlement 644
John R. Crook
Dispute Settlement Not Based on Application
of Legal Principles 646
Dispute Settlement Based on Application of Legal Principles 651
Conclusion 662
31. Information Gathering, Analysis, and Dissemination 663
David Le Blanc and Jean-Marc Coicaud
Mandates as a Way of Understanding the Type and Content
of Information Managed by International Organizations 664
Information Gathering, Analysis, and Dissemination 669
Assessing the Performance of International Institutions
in Producing, Using, and Disseminating Information 678
The Way Ahead: Some Opportunities and Challenges for IOs
Related to Information 686
xxii contents
PART VI RELATIONSHIPS OF INTERNATIONAL
ORGANIZATIONS WITH OTHER ACTORS
32. Relations with Other International Organizations 691
Laurence Boisson de Chazournes
Elements of the Relationships between International Organizations 692
Public–Private Partnerships as a Means of Diversifying Relationships 701
Participation of the European Union in International Organizations:
Need for Adaptation from Other International Organizations 704
Relationships with Other International Organizations
and Responsibility Issues 707
Concluding Remarks: From an Interstate Model to an Inter-International
Organizations Model 711
33. Relations with Civil Society 712
Jan Aart Scholte
What Is Civil Society? 713
Civil Society Involvement in Global Governance 715
Theories of Civil Society and Global Governance 720
Impacts of Civil Society on Global Governance 723
Civil Society and Legitimacy in Global Governance 726
Conclusion 728
34. Relations with the Private Sector 730
Georg Kell
Contextual Factors Shaping UN–Private Sector Relations 732
The First Six Decades of the UN–Private Sector Relationships (1945–2000) 733
A New Beginning on the UN–Private Sector Relationships (2000–Present) 738
Institutional Developments 742
Economic Developments 744
Political Developments 746
Outlook for the Future 748
PART VII STRUCTURE AND OPERATIONS
35. General Assemblies and Assemblies
of States Parties 757
Margaret P. Karns
Historical Roots 759
contents xxiii
The League of Nations 761
The UN General Assembly 764
The UN Specialized Agencies and Other UN Bodies 773
Regional Organizations: Limited Application 777
Assemblies of States Parties to Treaties 778
Conclusion 781
36. Parliaments 782
Bjørn Høyland
Parliamentary Bodies in International Organizations 783
Direct Elections and Full-Time Parliamentarians 786
Legislative Empowerment 788
Budgetary Empowerment 796
Selection and Control of the Executive 798
Conclusion 799
37. Executive Boards and Councils 802
Ramses A. Wessel
Nature and Types of Boards 804
Decision-Making by Executive Boards 814
Conclusion 821
38. Executive Heads 822
Simon Chesterman
Appointment 823
Functions 830
Independence 835
Conclusion 838
39. Secretariats 839
Touko Piiparinen
The Rise of International Secretariats 840
The Functions of Secretariats 842
The Powers and Competences of Secretariats 844
The Mission Expansion of Secretariat Functions:
Three Explanatory Factors 846
The Dynamics of Mission Expansion: The Case of
the OIC 849
Inter-Secretariat Capacity-Building … or Secretariat-Replication?
The Embeddedness of International Secretariats in Global
Networks of Cooperation 855
Conclusions 857
xxiv contents
40. High-Level Panels 859
Ramesh Thakur
The Changing Diplomatic Landscape 860
Commission Diplomacy 863
Impacts 865
Explaining Success 872
Conclusion 880
41. International Adjudicative Bodies 881
Chiara Giorgetti
International Adjudicative Bodies: The Basics 882
What Do International Adjudicative Bodies Do? 892
How Do Judicial and Quasi-Judicial Bodies Work? 897
Conclusion 901
42. Financing and Budgets 903
Jacob Katz Cogan
Financing International Organizations 904
Budgets of International Organizations 914
Financing, Budgets, and Governance 918
43. Organizational Culture 920
Stephen C. Nelson and Catherine Weaver
Conceptualizing Organizational Culture 923
Why and How Organizational Culture Matters 926
Theorizing the Cultures of International Organizations 929
Studying IO Cultures 935
Conclusion: A Research Agenda for the Study of IO Cultures 938
PART VIII INTERNATIONAL INSTITUTIONAL LAW
44. Constituent Instruments 943
Niels Blokker
What’s in a Name … 943
Content 945
Parties 947
Special Characteristics of Constitutions 948
Constitutional Development 953
Concluding Observations 960
contents xxv
45. Membership and Representation 962
Stephen Mathias and Stadler Trengove
Membership 963
Succession of States 970
Rights of Membership 972
Obligations of Membership 976
Observers 977
Suspension and Expulsion 979
Withdrawal 982
Conclusion 983
46. Legal Capacity and Powers 985
Dan Sarooshi
The Development of International Law Relating to International
Legal Personality: The Curious Case of
International Organizations 986
The Conferral by States of Powers on International Organizations
and the Issue of Responsibility for Unlawful Acts by
an Organization 997
Concluding Remarks 1004
47. Assessing the Legality of Decisions 1006
Jan Wouters and Jed Odermatt
Acts of International Organizations 1007
Forum 1009
Grounds for Judicial Review 1018
Legal Consequences and Remedies 1020
Informal Review Mechanisms 1022
Conclusion 1025
48. Responsibility 1026
Pierre Klein
Issues of Attribution 1029
Breach of an International Obligation 1034
Circumstances Precluding Wrongfulness and their Relevance
to International Organizations 1036
Interplay between the Responsibility of International Organizations
and that of their Member States 1037
Issues of Implementation 1043
Content of Responsibility 1045
Conclusion 1047
xxvi contents
49. Privileges and Immunities 1048
August Reinisch
The Past and Present Typical Content of Privileges and Immunities
of International Organizations 1049
The Legal Bases of Privileges and Immunities 1052
The Justification for Privileges and Immunities 1053
The Core Issue: The Scope of Jurisdictional Immunity 1055
The Jurisdictional Immunity of International Organizations
in Practice 1057
The Impact of Access to Justice Considerations
on Jurisdictional Immunity 1060
Conclusion 1068
50. The Law of the International Civil Service 1069
Santiago Villalpando
The Nature of the Law of the International Civil Service 1071
The Sources of the Law of the International Civil Service 1076
Conclusion 1083
51. International Administrative Tribunals 1085
Santiago Villalpando
The History of Internal Justice Systems
in International Organizations 1086
The Institutional Components of International
Administrative Tribunals 1094
Conclusion 1102
PART IX PRINCIPLES OF GOVERNANCE
52. Legitimacy 1107
Dominik Zaum
Legitimacy and International Organizations 1108
Legitimation 1115
Conclusion 1125
53. Participation 1126
Klaus Dingwerth and Patrizia Nanz
Patterns of Participation in International Organizations 1129
The Special Case of European Governance: The Participation of Citizens 1140
Conclusions: Democratic Principle, Marketing Tool, or Both? 1144
contents xxvii
54. Accountability 1146
Mathias Koenig-Archibugi
Perspectives on Accountability 1147
Participation and Delegation as Bases for Accountability 1151
A Way Forward for Assessing Accountability to Affected Interests 1153
An Illustration of the Approach: Global Health Policy 1157
Conclusions 1169
55. Transparency 1170
Jonas Tallberg
Theoretical Approaches to Transparency and Openness 1171
The Empirical Study of Transparency and Openness 1182
Conclusion 1192
Appendix: Primary Instruments 1193
Index 1197
