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1 - Concepts and definitions

Published online by Cambridge University Press:  07 October 2011

Guglielmo Verdirame
Affiliation:
King's College London
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Summary

Introduction

A number of concepts and ideas central to the argument of this book require some exploration at the outset. First, there is no agreed legal definition of international organisation, although working definitions have been adopted in specific instruments. There is also a tendency in the legal literature to disregard the operational dimension of international organisations, and of the UN in particular, probably because the expansion in operational activities has not followed a predetermined plan. In a book such as this, both of these aspects of international organisations – their definition and the history of their operational expansion – require attention.

Secondly, the autonomy of international organisations is often treated as a useful fiction, that is a statement of fact that bears little or no relation to reality but serves a function. The utility of the fiction of autonomy is, in particular, that it buttresses the legal personality of international organisations. The view that autonomy is a fiction colours perceptions of international organisations, but is it still correct? Do we really need to suspend disbelief in order to regard international organisations as autonomous? Rather, could their autonomy not be, at least in respect of some of their activities, a social fact?

Type
Chapter
Information
The UN and Human Rights
Who Guards the Guardians?
, pp. 12 - 54
Publisher: Cambridge University Press
Print publication year: 2011

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References

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Reinsch, 1909
Reinsch, 1909
Reinsch, 1909
1925
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1965
2008
Dekker, I.Making Sense of Accountability in International Institutional Law XXXVI Netherlands Yearbook of International Law 2005 83CrossRefGoogle Scholar

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