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58 results

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  • Rewriting the law of international organizations: Whither the Asia Pacific?

  • Alison Duxbury
  • Journal:
    Leiden Journal of International Law / Volume 37 / Issue 3 / September 2024
    Published online by Cambridge University Press:
    09 May 2024, pp. 694-715
    Print publication:
    September 2024
    • Article
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  • The law of international organizations is often described in terms of both its universality and its unity. Writers in this field begin their texts with an acknowledgement that there are common legal principles that have been developed by, and can be applied to, a variety of international organizations. The idea that there are legal principles applicable to multiple organizations – whatever their membership, location, powers, technical functions, or financial resources – is also implicit in the reports of the International Law Commission discussing the immunities, responsibilities, and law-making capacity of international organizations. But despite this search for common principles, a question remains whether international institutional law is based on the practice of all, or at the very least, a range, of organizations. Writers in this field have tended to focus on the activities of organizations based in either Europe or North America, including the United Nations and its specialized agencies, the European Union, and Council of Europe. This article argues that the omission of the principles and practices of organizations outside Europe and the United Nations’ system, specifically Asia Pacific organizations, undermines the claim of international institutional law to be universal. It explores the way in which a more inclusive approach – one that pays attention to the perspectives of Asia Pacific organizations – could illuminate certain features of the law and lead international lawyers to reconceive some of its central principles.

  • 7 - Operational Activities

  • Edited by Jan Klabbers, University of Helsinki
  • Book:
    The Cambridge Companion to International Organizations Law
    Published online:
    31 March 2022
    Print publication:
    07 April 2022, pp 147-172

  • Summary

    International organizations engage in a vast range of activities that can be classified as ‘operational’. The United Nations’ administration of East Timor and Kosovo; inspections by the International Atomic Energy Agency (IAEA); election observation by institutions such as the Commonwealth and the Organization for Security and Co-operation in Europe (OSCE); the deployment of troops on peacekeeping operations by the United Nations (UN), the African Union (AU) and the Economic Community of West African States (ECOWAS); the assessment of refugee status and the management of refugee camps by the UN High Commissioner for Refugees (UNHCR); the distribution of food aid by the World Food Programme (WFP); the deployment of experts by the World Health Organization (WHO) during a disease outbreak; and the conduct of Environmental Impact Assessments for development projects by the Food and Agricultural Organization (FAO) all fall within this description.

  • 4 - Excluding Revolutionary States

  • from Part II - Institutions and Orders
  • Edited by Kathryn Greenman, University of Technology, Sydney, Anne Orford, University of Melbourne, Anna Saunders, Harvard Law School, Massachusetts, Ntina Tzouvala, Australian National University, Canberra
  • Book:
    Revolutions in International Law
    Published online:
    21 January 2021
    Print publication:
    18 February 2021, pp 85-111

  • Summary

    With these phrases the president spoke of the Allied Powers’ plan to establish a new organisation – one based on the principles of universality and freedom. Nevertheless, while this association would not ‘shut out anybody’, it was clear that the terms of its creation would be dictated by a limited group – the delegates of the states who would constitute the Commission on the League of Nations. Of course, the leaders who heard this address on 18 January 1919 were by no means representative of the international community. The most notable absences were the former enemy powers, but there were others not present at the meeting in Paris, including Russia and Mexico. While the absence of the former was keenly felt by the Allied Powers, and the ‘Russian question’ was the subject of much discussion, the lack of an invitation to Mexico, as a neutral power, did not excite the same interest, at least in the formal discussions.2

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