International Organizations Law Review最新文献

Despite their increasing significance, Regional International Organizations (rio s) have, thus far, received scant attention in international legal literature. In order to fill this gap, the International Law Association (ila) Study Group (sg) on The International Law of Regional Organizations was launched in 2021 by the two editors of this special issue. This issue is an academic emanation of the comparative international law project conducted by the ila sg. It serves two main aims: first, present the main results of the ila sg’s comparative international law exercise in an accessible and analytical format in the first contribution of the issue; and, second, gather individual contributions to address further selected conceptual, normative, historical and institutional questions pertaining to the external and internal practice of international law by rio s. The present introduction provides the necessary conceptual and theoretical background to the discussion unfolding in the remainder of the issue. It addresses the topic and scope of this special issue, maps the state of the debate and relevance of the issue, and clarifies the structure and contents of the issue.

International lawyers can no longer afford to ignore the growth of regional orderings under the umbrella of international law and their political consequences. There are, the author argues, at least two concerns rio s may help us address when thinking about the future of the international institution of (States) peoples and organising it to secure more political legitimacy: sovereignty and democracy. With respect to sovereignty qua ultimate political authority, first, rio s enable us to consider the virtues of multiple and shared external sovereignty in international relations and the possibility of a regional ordering of dispersed sovereignty as a shield to protect the same albeit multiply reinstituted peoples qua publics against domination, and this both inside their States and in their international relations. Second, with respect to democracy, rio s enable us to approach international democracy, and especially international democratic representation, in a pluralistic albeit systemic way: peoples may be reinstituted into different publics by multiple institutions over time, such as their States, but also by one or more rio s in their region, and giving those representative institutions a role in international law-making could strengthen political equality by compensating demographic and power imbalances between States while also requiring those rio s to become more egalitarian and accountable in return.

This article provides a comparative analysis of the law and practice of regional international organizations (rio s). Drawing upon the International Law Association (ila) study and individual regional reports, the article offers a cross-regional account of organizations located in Europe, Eurasia, the Middle East, Africa, Latin America and the Caribbean, and the Asia-Pacific. The article focuses on the main conceptual questions that emerged during the study and reflects on some of the main insights gleaned from the cross-cutting comparisons. The article discusses the concept of ‘regional international organization’ and the debates about the appropriate definition to be used in the Study. The article discusses how international law applies to, and within, regional international organizations, examining issues such as the autonomy of the organization’s internal law. The article shows how regional international organizations have influenced the development of international law, by concluding treaties, contributing or catalysing relevant practice to the formation of customary international law, and producing authoritative ‘subsidiary means’ to identify the law. The comparative assessment allows us to offer reflections on the ‘openness’ of regional international organizations and the conditions under which they can shape, and be shaped by, international law. The article concludes with some starting points for further research on the place of regional international organizations.

This article explores the relationship between international law and space with particular attention to regionalism. Focusing on theoretical debates in the discipline, it will examine the interplay between regionalism and Regional International Organizations and the universal character of international law, re-describing central theoretical legal issues concerning this relationship. Regionalism will be assessed as one form of spatial ordering in international law. Regional order is an international legal notion that contributes to a more nuanced understanding of the politics of space and the processes of production, organization and distribution of power, resources and identities in a particular region. In this setting, changes in the spatial focus while employing theoretical interrogations in the discipline are productive ways to make sense of the diverse modes of engagement with international law in different regions worldwide.

Employing the example of ecowas’ reaction to the military coup in Niger, this article offers a fresh appraisal of the relationship between rio s and the UN within the universal collective security system which is – once again – largely paralysed by geopolitics. Departing from an analysis of the channels available to rio s to engage with the UN in a rapidly unfolding regional crisis, this paper argues that the UN primarily perceives rio s as mediators and peace facilitators. This is driven by rio s’ often advantageous position due to their knowledge of local dynamics and their particularly strong interest in securing peace in their own neighbourhoods. However, UN-rio cooperation in peacekeeping is not without tension and rio s’ use of military force without the targeted State’s consent or sc authorisation is seemingly at odds with the UN Charter. However, the unsc’s ambiguous practice regarding Chapter-viii authorisations may allow future developments involving rio s without opening the door to their full autonomy.