Designing for international law: The architecture of international organizations 1922–1952

International Labour Organization ◽

The Relationship ◽

Physical Manifestation ◽

Insight Into ◽

Do So

Abstract Situating itself in current debates over the international legal archive, this article delves into the material and conceptual implications of architecture for international law. To do so I trace the architectural developments of international law’s organizational and administrative spaces during the early to mid twentieth century. These architectural endeavours unfolded in three main stages: the years 1922–1926, during which the International Labour Organization (ILO) building, the first building exclusively designed for an international organization was constructed; the years 1927–1937 which saw the great polemic between modernist and classical architects over the building of the Palace of Nations; and the years 1947–1952, with the triumph of modernism, represented by the UN Headquarters in New York. These events provide an illuminating allegorical insight into the physical manifestation, modes of self-expression, and transformation of international law during this era, particularly the relationship between international law and the function and role of international organizations.

5 Obligations of International Organizations, 5.2 Interpretation of the Agreement of 25 March 1951 between the WHO and Egypt , Advisory Opinion, [1980] ICJ Rep 73

10.1093/law/9780198743620.003.0026 ◽

2016 ◽

Cited By ~ 1

Author(s):

Brölmann Catherine

Keyword(s):

International Law ◽

Advisory Opinion ◽

Customary International Law ◽

Legal Obligations ◽

The Icj ◽

Legal Character ◽

First Time ◽

The 1980 WHO Advisory Opinion elaborates on the general legal obligations (grounded in the duty of co-operation and good faith) that are part of the relationship between an international organization and its host state. In this opinion the ICJ possibly for the first time articulated this relationship as a set of mutual obligations between legal equals. The opinion moreover enunciates the sources of international legal obligations binding upon international organizations (IOs): the treaties they conclude (uncontroversial); I customary international law; their constitutions. The Court uses the proverbial reassurance of UN member states in saying that the WHO is not a ‘super-state’. Finally, in accepting jurisdiction the Court explicitly separated the legal character of the question from the political considerations motivated by that question.

An Accidental Revolution: The ILO and the Opening Up of International Law

International Labour Organization and Global Social Governance ◽

10.1007/978-3-030-55400-2_6 ◽

2020 ◽

pp. 123-140

Author(s):

Jan Klabbers

Keyword(s):

International Law ◽

Labour Law ◽

Legal Doctrine ◽

The Creation ◽

Opening Up ◽

Do So

Abstract This article discusses the pioneering role of the ILO not in terms of its contribution to labour law, but in terms of its epistemic relevance: it was the first international organization which cut through the classic borderline between national law and international law. In order to do so, the article sketches pre-ILO legal doctrine, and discusses the creation and particular structure of the ILO at some length: why even create an organization to address labour issues, instead of concluding a convention? This is followed by outlining just how relevant the role of the ILO has been.

International Organizations and their Members

International Organizations Law Review ◽

10.1163/1572374043242448 ◽

2004 ◽

Vol 1 (1) ◽

pp. 139-161 ◽

Cited By ~ 5

Author(s):

Niels Blokker

Keyword(s):

Legal Status ◽

English Word ◽

The Body ◽

The Core ◽

The Law ◽

Core Questions ◽

AbstractThe law of international organizations is a field of study full of themes with variations. With respect to a number of key chapters in this field, such as the legal status of international organizations, their institutional structure, powers, decision-making and decisions, sanctions, fundamental principles exist or are being developed. These principles or themes have a large number of variations in the rules and practice of individual organizations. Like in music, the variations in themselves may be interesting as such, but they can only be fully appreciated by not losing sight of the theme. Like in music, the themes in themselves may be interesting as such, but they can only be fully appreciated by also listening carefully to the multicoloured variations. This contribution is devoted to a central theme of the law of international organizations: the relationship between an international organization and its members. Already in the early days of existence of international organizations, this topic has given rise to numerous questions. Many of these have now been answered, but sometimes resurface in contemporary variations. In addition there are new questions. It is useful to first explore briefly the meaning of the word "members". The English word "member" and the French "membre" are both derived from the Latin word "membrum", which means "part of the body". This meaning is important because it indicates clearly that members are part of a whole – a fact which takes us straight to one of the core questions addressed in this article. Members of an international organization are not just members, after all – like the members of a bridge club or a gardening club. In most cases, the members of international organizations are states. How then can members of an international organization be members of a whole when in most cases those members are sovereign states, even if the concept of sovereignty of states is no longer as absolute at it used to be? This is one of the major questions within the field of the law of international organizations. In order to examine this question, this contribution is divided into two parts. Section I will concentrate on the role of members vis-à-vis international organizations. In Section II the focus will shift to the whole of which the members are part; this Section will briefly look at some of the questions involved in giving a certain amount of autonomy to this whole.

Economics of International Organizations

10.1093/oxfordhb/9780199684250.013.037 ◽

2017 ◽

Author(s):

Joel P. Trachtman

Keyword(s):

Decision Making ◽

Transaction Costs ◽

International Law ◽

Subject Matter ◽

Legal Rules ◽

The Core ◽

Core Questions ◽

The essence of an international organization is the delegation of decision-making authority from individual states to the organization, representing the collectivity of member states. In simple terms, international organizations are to international law as firms are to contracts: states form international organizations in order to reduce the transaction costs associated with cooperation, as compared to the entry into international legal rules without organizations. The core questions are the same: why are these institutions formed, what powers do they have, and how are they exercised? This chapter analyzes the reasons for the creation of international organizations, as well as the reasons why particular structures of international organizations are utilized. It assesses the relationship among assignment of subject matter authority, legislative capacity, adjudicative capacity, enforcement capacity, and membership. It examines how these features correspond to particular contexts of international cooperation.

The Responsibility of Member States of International Organizations?

International Organizations Law Review ◽

10.1163/15723747-01202009 ◽

2015 ◽

Vol 12 (2) ◽

pp. 448-467

Author(s):

Esa Paasivirta

Keyword(s):

International Law ◽

General Question ◽

Modus Operandi ◽

Member States ◽

Legal Personality ◽

Mixed Agreements ◽

Special Case

This article outlines the contours of the special case of the eu in the context of the general question of the responsibility of a member State of an international organization. The special case of eu member States is connected with the modus operandi of the eu in general, and the fact that the implementation of eu acts is largely carried out by national authorities rather than by the eu relying solely on its own organs. This special case is also connected with the phenomenon of so-called ‘mixed agreements’ to which both the eu and its member States are parties. In both situations, the role of the member States is important and appears as part of the normal conduct of the organization. Against the background of these observations, the paper reviews the central concepts of legal personality, competence and responsibility in order to consider and assess the special case of the eu in a broader international law context. The paper also reviews recent legal developments which bear on the assessment of the special case of the eu.

THE OVERCOMING OF DISCRIMINATION AGAINST WOMEN AND PROTECTION OF THEIR RIGHTS DY INTERNATIONAL ORGANIZATIONS (1945-1967 YEARS)

Bulletin of Taras Shevchenko National University of Kyiv History ◽

10.17721/1728-2640.2016.128.1.04 ◽

2016 ◽

pp. 18-22

Author(s):

А. Vlasova

Keyword(s):

Voting Rights ◽

Responsibility To Protect ◽

International Labour Organization ◽

Equal Rights ◽

French Society ◽

The Family ◽

Permanent Member ◽

"Women's issue" in French society remains unresolved after granting of voting rights to women which actually made them equal with men. Discrimination on the basis of gender in France took place in traditional thinking, the main thesis of which was the stereotypical perception of women as second-rate persons and weak individual in the family and society. So, women needed protection and approval of their rights. International organizations took the responsibility to protect women from discrimination and pursue policies to improve conditions of their life. Several declarations, conventions, pacts were adopted by the Organization of the United Nations and the International Labour Organization. They have been directed to change the relationship between members of society by providing equal rights in all spheres of life regardless of their gender, nationality, religion, property belonging or any other possible human characteristics. Formation of the French public policy conducted in accordance with the decisions of international organizations, in which she was a permanent member. Overcoming discrimination policy of women was aimed for destruction stereotypical attitudes that concern the role of women in French society, economic, social, political and daily life.

Shared Obligations and the Responsibility of an International Organization and Its Member States

International Organizations Law Review ◽

10.1163/15723747-18010005 ◽

2021 ◽

pp. 1-40

Author(s):

Nataša Nedeski

Keyword(s):

Member State ◽

International Law ◽

Member States ◽

International Obligations ◽

International Responsibility ◽

Mixed Agreements ◽

The Eu ◽

Do So

Abstract Discussions on the allocation of international responsibility between an international organization and its member states do not comprehensively engage with the role of obligations in assigning responsibility to the organization and/or its members. The present article sets out what will be termed an obligations-based approach to the allocation of international responsibility by exploring the phenomenon of sharing international obligations by an international organization and its members, as well as the implications thereof for their responsibility under international law. It will do so by focusing on the practice of concluding mixed agreements by the EU and its member states, which commonly results in overlapping obligations for the organization and its members. It is ultimately argued that a distinction should be made between two types of shared obligations in mixed agreements in order to untangle who can be held responsible in case of a breach: the EU, the member state(s), or both.

Journalism, separation and independence: Newspaper coverage of the end of the British Mandate for Palestine, 1948

Journalism ◽

10.1177/1464884917703468 ◽

2017 ◽

Vol 20 (11) ◽

pp. 1497-1512

Author(s):

James Rodgers

Keyword(s):

New York ◽

50Th Anniversary ◽

New York Times ◽

Valuable Insight ◽

British Mandate ◽

The People ◽

European Colonialism ◽

The Relationship ◽

Insight Into

This article examines the reporting of the end in 1948 of the British Mandate for Palestine in both British Newspapers and the New York Times. The research is focused on 50 news items published during the last few weeks of the Mandate, especially on and around 14th May 1948. The article seeks to explore the relationship between correspondents, the British authorities and the people then living in Palestine. The article argues that, despite various factors which might have influenced their work, the correspondents still struggled for, and achieved, a degree of independence in their reporting. In addition to these more overt influences, the article discusses whether correspondents may have been influenced by a broader mindset prevalent at the time in the society to which they belong. In doing so, it employs Edward Said’s work on Orientalism, especially where Orientalism ‘connotes the high-handed executive attitude of nineteenth-century, and early-twentieth-century European colonialism’. The coverage reveals much about the way the role of Britain in Palestine was portrayed to newspaper audiences at a time when Britain’s influence in the wider region was in decline. In conclusion, the article argues that, for all journalism’s association with political elites, the best reporting from that time provided its audience with valuable insight into the likely consequences of the end of the Mandate – insight which remains valuable today, especially in the year, 2017, which will see both the centenary and the 50th anniversary of, respectively, Balfour Declaration and the Six-Day War.

On Metaphysics and the Political: A Polemics of Reading Baudelaire in the 1930s

Nottingham French Studies ◽

10.3366/nfs.2019.0252 ◽

2019 ◽

Vol 58 (2) ◽

pp. 249-259

Author(s):

Joseph Acquisto

Keyword(s):

Twentieth Century ◽

Political Crisis ◽

The Political ◽

Modern Poetry ◽

Progressive Politics ◽

The World ◽

Relationship Of ◽

The Relationship ◽

Insight Into

This essay examines a polemic between two Baudelaire critics of the 1930s, Jean Cassou and Benjamin Fondane, which centered on the relationship of poetry to progressive politics and metaphysics. I argue that a return to Baudelaire's poetry can yield insight into what seems like an impasse in Cassou and Fondane. Baudelaire provides the possibility of realigning metaphysics and politics so that poetry has the potential to become the space in which we can begin to think the two of them together, as opposed to seeing them in unresolvable tension. Or rather, the tension that Baudelaire animates between the two allows us a new way of thinking about the role of esthetics in moments of political crisis. We can in some ways see Baudelaire as responding, avant la lettre, to two of his early twentieth-century readers who correctly perceived his work as the space that breathes a new urgency into the questions of how modern poetry relates to the world from which it springs and in which it intervenes.

The Role of the Judiciary and Its Relationship to the Convention on the Rights of Persons with Disabilities

10.1093/oso/9780198786627.003.0018 ◽

2018 ◽

Author(s):

Lisa Waddington

Keyword(s):

Legal System ◽

Amicus Curiae ◽

Persons With Disabilities ◽

Legal Duty ◽

The Relationship ◽

Do So

This chapter examines the role of the judiciary with regard to the Convention on the Rights of Persons with Disabilities (CRPD). It considers the relationship which the judiciary have or appear to perceive themselves as having with the CRPD and explores some of the factors seemingly prompting courts to refer to it. The first section reflects on: whether judges are able to choose to refer to the Convention or have a legal duty to do so; the significance of the fact that the CRPD is international law; and whether judges appear to see themselves merely as domestic actors, or as agents or trustees of the CRPD. The second section explores whether judges are referring to the CRPD in response to arguments raised before the court or doing so of their own volition. Also considered are the relevance of amicus curiae interventions; reasons for referral related to the domestic legal system; and the role of particularly engaged individuals.