Exceptionalism

Abstract

Exceptionalist conceptualizations are grounded on the belief that certain institutions develop differently from others, and consequently, the same international regulatory framework cannot apply to all: member states are agents or third parties depending on the organization; the rules are internal or international depending on the organization; the institutional veil is characterized in degrees of transparency depending on the organization; the autonomy of the organization is a matter of degrees; the conduct of a member state acting in the institutional forum can be relevant as a matter of international law depending on the organization; organizations are very different entities depending on descriptive elements, such as their level of integration or their geographical scope. This chapter describes the historical roots of this theory and later explains why the rules are either perceived as international or as internal law depending on the organization. The theory is rebutted examining the exceptionalism of the EU and of the OSCE.