scholarly journals The Modern Multilateral Bureaucracy: What is the Role of International Administrative Law at International Organizations?

2016 ◽  
Vol 13 (2) ◽  
pp. 255-272
Author(s):  
Yaraslau Kryvoi

This article analyses the notion and role of fairness in the procedural rules and practice of international administrative tribunals. After reviewing decisions of international administrative tribunals dealing with the notion of fairness, it shows that tribunals rely on the concept of fairness to limit discretion of decision-makers, to fill gaps in law and to override written law to ensure fairness. The article makes suggestions as to how to reconcile the different visions and roles of fairness in international administrative law. It argues that with the further development of international administrative law, tribunals should as much as possible rely on rules and principles formulated by external bodies rather than on their personal understanding of fairness.


Author(s):  
Antoine Vandemoorteele

This article analyzes the role of the European Union (EU) and Canada in the promotion of Security Sector Reforms (SSR) activities in two regional organizations, the Organization for Security and Cooperation in Europe (OSCE) and the North Atlantic Treaty Organization (NATO). The concept of SSR seeks to address the effective governance of security in post-conflict environment by transforming the security institutions within a country in order for them to have more efficient, legitimate and democratic role in implementing security. Recent debates within the EU have led to the adoption of an SSR concept from the Council and a new strategy from the European Commission on the SSR activities. Within the framework of the ESDP, the EU has positioned itself as a leading actor, in this domain, including in its crisis management operations. On the other hand, Canada, through its whole-of government and human security programs has also been an important actor in the promotion of SSR activities. Yet, even though several international organizations (including the United Nations, the OSCE and NATO) are effectively doing SSR activities on the ground, there does not exist a common framework within any of these organizations despite the role of the EU and Canada. As such, it is surprising to found no global common policy for SSR while this approach is precisely holistic in its foundations. Taking these elements into consideration, this paper analyzes two specific aspects : a) the absence of a common policy framework within international organizations and b) the major differences between the approaches of the OSCE and NATO in the domain of SSR and the implications for the EU and Canada’ roles.   Full extt available at: https://doi.org/10.22215/rera.v3i2.186


Author(s):  
Miriam Bak McKenna

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.


1969 ◽  
Vol 8 (I1) ◽  
pp. xi-xii

The contents of ILM for the period from 1962 to 1969 reflect several significant developments: (1) the entry on the international scene of many new countries and their establishment of relations with the developed countries, particularly in the fields of commerce and trade and of investment; (2) the prevalence of armed conflict and the use of military force in the unsettled conditions resulting from the decolonization process and from continued antagonisms between the superpowers; (3) the pervasive role of international organizations, both global and regional, general and specialized; and (4) the continued predominance of national courts in the judicial consideration of questions of international law and the shift from general to specialized tribunals in the resolution of disputes by international arbitration and adjudication.


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