Re-Scaling Territorial Authority within Regional Organizations

2022 ◽  
pp. 175-222
Author(s):  
Harold A. Trinkunas

Latin America has long aspired for an interstate system based on the principles of nonintervention and adherence to international law. Over time, the region has become increasingly free of war, and interstate disputes are frequently settled via diplomacy or by international courts. But it has achieved a largely “negative” peace as peaceful relations in the region are neither the result of nor have produced deeper commercial integration, effective regional organizations, or epistemic security communities. This chapter examines realist, liberal, and constructivist explanations to explain the sources of peace and peaceful change in Latin America, as well as how structural changes in the international system have affected the region. In particular, it analyzes how Latin America’s relative weakness in terms of material capabilities has led it to rely on diplomacy, “soft balancing,” and norms entrepreneurship in international law to secure its interest in a progressively more peaceful and rule-bound international order.


Author(s):  
Daniel G. Turack

Functional independence of international institutions is a sine qua non to their effective operation. Current international law reveals that international organizations have a legal capacity and certain privileges and immunities bestowed upon them by their member states to ensure their independence and that of their staffs. One vital component of functional independence is the freedom of travel for all members of the international staff. In examining the features of freedom of travel necessary for international organizations to discharge their responsibilities effectively, C. W. Jenks wrote:The freedom of movement which is necessary comprises more than the absence of any special restrictions; it includes the usual facilities for official travel, such as diplomatic or other special visas, priorities where these are necessary, exemption from immigration regulations and formalities, and similar measures; taken cumulatively these facilities involve a considerable saving of time and energy and are therefore an important element in securing the expeditious and unhindered travel necessary to the prompt discharge of international responsibilities.


2015 ◽  
Vol 59 (2) ◽  
pp. 355-379 ◽  
Author(s):  
Senai W Andemariam

AbstractOn 27 April 2007 Eritrea notified the Intergovernmental Authority on Development (IGAD) of its decision to “temporarily suspend its membership” and “freeze its activities” in IGAD followed on 25 July 2011 by its decision to “reactivate its membership.” On 24 August 2011 Eritrea's representative to the IGAD Council of Ministers meeting in Addis Ababa was informed that he could not sit in the meeting and was escorted out. Eritrea's representatives have not attended IGAD meetings since. The incident raises the important question of what should be done in the absence of an IGAD rule regulating unilateral temporary suspension and reactivation of membership. The answer should be based on a clear understanding of the laws and practices of withdrawal, suspension, expulsion, membership reactivation and rejoining international / regional organizations. This article discusses how the stalemate regarding Eritrea's status in IGAD should be handled by reference to such laws and practices, and the rules in the Vienna Convention on the Law of Treaties governing the interpretation of treaties.


Author(s):  
Tommaso Natoli

Abstract Neighbouring States form regional institutions for purposes that they cannot meet singularly, as in case of exceptional events that overwhelm national capacities. Comparing regional organizations endowed with specific Disaster Management (dm) functions provides a suitable analytical lens of this phenomenon, being a means for exploring how fundamental principles like sovereignty or solidarity are differently combined within their legal frameworks. Building on a comparative analysis of two regional models (eu and asean-aha), the article suggests that the positioning of regional organizations on the sovereignty-solidarity axis is facilitated by an adapted use of the well-known Latin maxim ‘unus pro omnibus, omnes pro uno’. This indicates both dynamics in which the organization is endowed with autonomous capacities of acting in support of members stricken by a catastrophic event, and those regional mechanisms whose functioning depends on the case-by-case involvement of their membership. As will be maintained, whereas these interrelated dynamics coexist in the two organizations analysed, they are differently modelled according to the respective regulatory settings. Yet, common trends in the development of respective institutional functioning can be detected.


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