Pub Date : 2023-09-12DOI: 10.1163/15723747-20020007
August Reinisch
{"title":"The Human Rights Accountability Mechanisms of International Organizations written by Stian Øby JohansenAccess to Justice and International Organisations: Coordinating Jurisdiction between the National and Institutional Legal Orders written by Rishi Gulati","authors":"August Reinisch","doi":"10.1163/15723747-20020007","DOIUrl":"https://doi.org/10.1163/15723747-20020007","url":null,"abstract":"","PeriodicalId":42966,"journal":{"name":"International Organizations Law Review","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135886638","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}
Pub Date : 2023-09-12DOI: 10.1163/15723747-20020001
Paolo Palchetti
{"title":"Is It Time to Take a Decision on the Final Form of ario?","authors":"Paolo Palchetti","doi":"10.1163/15723747-20020001","DOIUrl":"https://doi.org/10.1163/15723747-20020001","url":null,"abstract":"","PeriodicalId":42966,"journal":{"name":"International Organizations Law Review","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135886639","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}
Pub Date : 2023-09-12DOI: 10.1163/15723747-20020003
Tomasz Milej
Abstract The East African Community ( eac ) is considered to be one of the most successful international organizations in Africa. Due to the founding Treaty’s commitment to democracy, human rights, rule of law and to achieving of a political federation, one may think that the eac has a potential to promote the ideas of transformative African constitutionalism in the participating states. However, the history of regional integration in East Africa, the eac ’s current institutional set-up and its substantive law tell a different story. The organization’s elitist legacy and an integration model depending on the goodwill of the heads of state do not fully deliver on the principles which the Treaty pronounces. It is the pro-active stance taken by the East African Court of Justice ( eacj ) and to some extent also by the East African Legislative Assembly ( eala ) that keeps the constitutionalism and the hopes of East Africans alive.
{"title":"East African Community (eac) – Inspiring Constitutional Change by Promoting Constitutionalism?","authors":"Tomasz Milej","doi":"10.1163/15723747-20020003","DOIUrl":"https://doi.org/10.1163/15723747-20020003","url":null,"abstract":"Abstract The East African Community ( eac ) is considered to be one of the most successful international organizations in Africa. Due to the founding Treaty’s commitment to democracy, human rights, rule of law and to achieving of a political federation, one may think that the eac has a potential to promote the ideas of transformative African constitutionalism in the participating states. However, the history of regional integration in East Africa, the eac ’s current institutional set-up and its substantive law tell a different story. The organization’s elitist legacy and an integration model depending on the goodwill of the heads of state do not fully deliver on the principles which the Treaty pronounces. It is the pro-active stance taken by the East African Court of Justice ( eacj ) and to some extent also by the East African Legislative Assembly ( eala ) that keeps the constitutionalism and the hopes of East Africans alive.","PeriodicalId":42966,"journal":{"name":"International Organizations Law Review","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135886484","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}
Pub Date : 2023-09-12DOI: 10.1163/15723747-20020006
Orfeas Chasapis Tassinis
{"title":"The Concept of an International Organization in International Law written by Lorenzo Gasbarri","authors":"Orfeas Chasapis Tassinis","doi":"10.1163/15723747-20020006","DOIUrl":"https://doi.org/10.1163/15723747-20020006","url":null,"abstract":"","PeriodicalId":42966,"journal":{"name":"International Organizations Law Review","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135886640","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}
Pub Date : 2023-09-12DOI: 10.1163/15723747-20020002
Jean d’Aspremont
Abstract Albeit the object of compelling criticisms in recent decades, international organizations continue to occupy a very central place in the practical, conceptual, cognitive, imaginary, and emotional universe of international lawyers. This article argues that the resilient centrality of international organizations in international legal thought and practice is the manifestation of international lawyers’ love for such institutions. This article’s main aim is to provide an account of the drivers that inform international lawyers’ love for international organizations with a view to elucidating what lies behind the centrality of international organizations in international legal thought and practice. Among the drivers of international lawyers’ love for international organizations, attention is paid to the representations of international organizations as taking care of people, as showing where to look for power, as knowing so much, as romanticising history, as providing a shared standard of experience, as textualising the universe, as providing and organizing space for discontent, as expanding international lawyers’ field of study, and as holding many secrets.
{"title":"The Love for International Organizations","authors":"Jean d’Aspremont","doi":"10.1163/15723747-20020002","DOIUrl":"https://doi.org/10.1163/15723747-20020002","url":null,"abstract":"Abstract Albeit the object of compelling criticisms in recent decades, international organizations continue to occupy a very central place in the practical, conceptual, cognitive, imaginary, and emotional universe of international lawyers. This article argues that the resilient centrality of international organizations in international legal thought and practice is the manifestation of international lawyers’ love for such institutions. This article’s main aim is to provide an account of the drivers that inform international lawyers’ love for international organizations with a view to elucidating what lies behind the centrality of international organizations in international legal thought and practice. Among the drivers of international lawyers’ love for international organizations, attention is paid to the representations of international organizations as taking care of people, as showing where to look for power, as knowing so much, as romanticising history, as providing a shared standard of experience, as textualising the universe, as providing and organizing space for discontent, as expanding international lawyers’ field of study, and as holding many secrets.","PeriodicalId":42966,"journal":{"name":"International Organizations Law Review","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135886481","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}
Pub Date : 2023-09-12DOI: 10.1163/15723747-20020005
Niels Blokker
{"title":"The UN Security Council and International Law written by Michael Wood and Eran Sthoeger","authors":"Niels Blokker","doi":"10.1163/15723747-20020005","DOIUrl":"https://doi.org/10.1163/15723747-20020005","url":null,"abstract":"","PeriodicalId":42966,"journal":{"name":"International Organizations Law Review","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135886641","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}
Pub Date : 2023-09-12DOI: 10.1163/15723747-20020004
Konstantinos D. Magliveras, Gino J. Naldi
Abstract In January 2019, governments of several East Mediterranean countries agreed to create a new regional technical intergovernmental organization, the East Mediterranean Gas Forum ( emgf ). Its Statute was signed in September 2020 and came promptly into force in March 2021. The emgf was established at a time when the region’s rivalries, especially unresolved maritime issues (including questions of delimitation), were exacerbated by exploration and drilling activities in contested areas with significant fossil fuel deposits. The principal aim of the emgf is to form a sustainable and competitive regional gas market and to ensure energy security for participating countries in a volatile market, a goal of immense importance following Russia’s invasion of Ukraine in February 2022, and in part, it is a response to unfriendly and threatening positioning by other States. But the emgf ’s role may be best described as one of coordination and cooperation. Following a short overview of the maritime disputes in the Eastern Mediterranean, the article examines the emgf from the perspective of the law of international institutions. Weak provisions and lacunae in the Statute are recorded, while pertinent answers are offered. It is argued that, while the emgf is well-intentioned in a region mired in discord, it is institutionally weak and, if its operation is not improved and enhanced, it may become a largely meaningless discussion platform.
{"title":"The East Mediterranean Gas Forum: A Regional Institution Struggling in the Mire of Energy Insecurities","authors":"Konstantinos D. Magliveras, Gino J. Naldi","doi":"10.1163/15723747-20020004","DOIUrl":"https://doi.org/10.1163/15723747-20020004","url":null,"abstract":"Abstract In January 2019, governments of several East Mediterranean countries agreed to create a new regional technical intergovernmental organization, the East Mediterranean Gas Forum ( emgf ). Its Statute was signed in September 2020 and came promptly into force in March 2021. The emgf was established at a time when the region’s rivalries, especially unresolved maritime issues (including questions of delimitation), were exacerbated by exploration and drilling activities in contested areas with significant fossil fuel deposits. The principal aim of the emgf is to form a sustainable and competitive regional gas market and to ensure energy security for participating countries in a volatile market, a goal of immense importance following Russia’s invasion of Ukraine in February 2022, and in part, it is a response to unfriendly and threatening positioning by other States. But the emgf ’s role may be best described as one of coordination and cooperation. Following a short overview of the maritime disputes in the Eastern Mediterranean, the article examines the emgf from the perspective of the law of international institutions. Weak provisions and lacunae in the Statute are recorded, while pertinent answers are offered. It is argued that, while the emgf is well-intentioned in a region mired in discord, it is institutionally weak and, if its operation is not improved and enhanced, it may become a largely meaningless discussion platform.","PeriodicalId":42966,"journal":{"name":"International Organizations Law Review","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135886635","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}
Pub Date : 2023-06-07DOI: 10.1163/15723747-20010001
Lorenzo Gasbarri
In 2020, Jan Klabbers and Guy Fiti Sinclair opened a Symposium of the European Journal of International Law by claiming that “international organizations law is one of those fields of international law where theorization by lawyers has been kept to a minimum”.1 Judging by the reactions of legal academics, especially early career researchers, their call was not left unanswered. In just two years, international organizations have been the object of several interdisciplinary studies adopting different perspectives and tools to discuss the uses of legal expertise. Socio-legal, historical, and ethnographic studies are redefining the ways in which to look at international organizations.2 International organizations appear to be the ideal arena in which to perform archival research, interviews, textual analysis, or have a direct working experience to study the ‘law in action’ under intriguing and enriching perspectives. By contrast, it appears that doctrinal research on the law of international organizations is not keeping the pace with this renewed interest and is getting marginalized by both academia and practitioners. For the former, it is
2020年，Jan Klabbers和Guy Fiti Sinclair在《欧洲国际法杂志》(European Journal of International Law)的研讨会上提出，“国际组织法是国际法中律师理论化被保持在最低限度的领域之一”从法律学者的反应来看，尤其是早期职业研究人员，他们的呼吁并没有被置之不理。在短短两年内，国际组织已成为若干跨学科研究的对象，采用不同的观点和工具来讨论法律专门知识的使用。社会法律、历史和民族志研究正在重新定义看待国际组织的方式国际组织似乎是进行档案研究、访谈、文本分析或在有趣和丰富的视角下研究“行动中的法律”的直接工作经验的理想场所。相比之下，关于国际组织法的理论研究似乎没有跟上这种新的兴趣的步伐，并被学术界和实践者边缘化。对于前者来说，确实如此
{"title":"Introduction: Contested Fundamentals of the Law of International Organizations: Repositioning Legal Theory","authors":"Lorenzo Gasbarri","doi":"10.1163/15723747-20010001","DOIUrl":"https://doi.org/10.1163/15723747-20010001","url":null,"abstract":"In 2020, Jan Klabbers and Guy Fiti Sinclair opened a Symposium of the European Journal of International Law by claiming that “international organizations law is one of those fields of international law where theorization by lawyers has been kept to a minimum”.1 Judging by the reactions of legal academics, especially early career researchers, their call was not left unanswered. In just two years, international organizations have been the object of several interdisciplinary studies adopting different perspectives and tools to discuss the uses of legal expertise. Socio-legal, historical, and ethnographic studies are redefining the ways in which to look at international organizations.2 International organizations appear to be the ideal arena in which to perform archival research, interviews, textual analysis, or have a direct working experience to study the ‘law in action’ under intriguing and enriching perspectives. By contrast, it appears that doctrinal research on the law of international organizations is not keeping the pace with this renewed interest and is getting marginalized by both academia and practitioners. For the former, it is","PeriodicalId":42966,"journal":{"name":"International Organizations Law Review","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-06-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48827362","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}
Pub Date : 2023-06-07DOI: 10.1163/15723747-20010005
J. Klabbers
This article is part of the Special Forum on Contested Fundamentals of the Law of International Organizations. It endorses a possible political economy of international organizations law, and explains why such would be desirable. The dominant approach to international organizations is unable to explain much of what is going on, and thus needs to be replaced by an approach more sensitive to the economic and organizational aspects of international organizations.
{"title":"Towards a Political Economy of International Organizations Law","authors":"J. Klabbers","doi":"10.1163/15723747-20010005","DOIUrl":"https://doi.org/10.1163/15723747-20010005","url":null,"abstract":"\u0000This article is part of the Special Forum on Contested Fundamentals of the Law of International Organizations. It endorses a possible political economy of international organizations law, and explains why such would be desirable. The dominant approach to international organizations is unable to explain much of what is going on, and thus needs to be replaced by an approach more sensitive to the economic and organizational aspects of international organizations.","PeriodicalId":42966,"journal":{"name":"International Organizations Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-06-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41777905","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}
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