Browse results

Author: Robert Böttner
Enhanced Cooperation allows a group of Member States to use the EU’s competences and institutions to pursue a project within the Union’s framework that is binding only on the participating States while remaining an EU act. Introduced by the Amsterdam Treaty, this tool of flexible integration had not been used until 2010. In The Constitutional Framework for Enhanced Cooperation in EU Law, Robert Böttner analyses the primary-law framework of this flexibility tool. On the basis of profound literature review and against the background of recent Member State practice, the author redefines the constitutional rules of Enhanced Cooperation. He draws conclusions on this tool’s legal limits, but also its potential for European integration.
Author: Huw Llewellyn
Huw Llewellyn offers a comparative institutional analysis of the five United Nations criminal tribunals (for the former Yugoslavia, Rwanda, Sierra Leone, Cambodia and Lebanon), assessing the strengths and weaknesses of their institutional forms in supporting the governance, independence and impartiality of these pioneering criminal justice bodies.

Largely overlooked in the otherwise comprehensive literature on international criminal justice, this book focuses on “parenthood”, “oversight” and “ownership” by the tribunals’ governing bodies, concepts unnecessary in national jurisdictions, and traces the tension between governance and judicial independence through the different phases of the tribunals’ lifecycles: from their establishment to commencement of operations, completion of mandates and closure, and finally to the “afterlife” of their residual phase.
Author: Peter Kempees
The European Convention on Human Rights is now crucial to decisions to be taken by the military and their political leaders in ‘hard power’ situations – that is, classical international and non-international armed conflict, belligerent occupation, peacekeeping and peace-enforcing and anti-terrorism and anti-piracy operations, but also hybrid warfare, cyber-attack and targeted assassination. Guidance is needed, therefore, on how Convention law relates to these decisions.

That guidance is precisely what this book aims to offer. It focuses primarily on States’ accountability under the Convention, but also shows that human rights law, used creatively, can actually help States achieve their objectives.
Author: Julia Schmidt
In The European Union and the Use of Force, Julia Schmidt examines the development and activities of the EU as an emerging international military actor. The author offers a comprehensive analysis of the conditions under which the EU can engage in military crisis management operations from the perspective of EU law as well as from the perspective of public international law, with a particular emphasis on the EU’s relationship with the United Nations and the EU’s relationship with its Member States in the context of the use of force.
Throughout the monograph, questions of European integration in the sphere of the common security and defence policy as well as the EU’s place and role within the international community are put into focus.
In Irrational Human Rights? An Examination of International Human Rights Treaties Naiade el-Khoury pursues the question how effective international human rights treaties really are and offers a discussion on the effects of treaty mechanisms. Such an examination as to the effects of international human rights treaties, or rather their limits, puts prevalent views of international law to the test. In doing so, this book convincingly argues that rational theories are inadequate to grasp the full effect of international human rights treaties.
The Max Planck Yearbook of United Nations Law (UNYB), founded in 1997, appears under the auspices of the Max Planck Foundation for International Peace and the Rule of Law. The first part, ‘The Law and Practice of the United Nations’, concentrates on the legal fundamentals of the UN, its Specialized Agencies and Programmes. The second part, ‘Legal Issues Related to the Goals of the United Nations’, analyses achievements with regard to fulfilling the main objectives of the UN. The UNYB addresses both scholars and practitioners, giving them insights into the workings, challenges and evolution of the UN.
Author: Carolyn M Evans
Reform discourse about the United Nations Security Council gives every reason to believe that flaws in its legal and institutional design prevent the Council from adequately meeting its responsibility to maintain or restore international peace and security - in part by allowing the Council to act in an ad hoc and unprincipled manner. In Towards a more accountable United Nations Security Council, Carolyn Evans argues that enhanced accountability of the Council, and corresponding evolution of practice, are feasible, salutary changes towards the Council better answering its raison d'être. Discussion proceeds by probing the why, to whom, for what, and how, of Council accountability - four corners of concerns central to seeing any actor held accountable.
The European Yearbook promotes the scientific study of nineteen European supranational organisations and the Organisation for Economic Co-operation and Development (OECD). Each volume contains a detailed survey of the history, structure and yearly activities of each organisation and an up-to-date chart providing a clear overview of the member states of each organisation. Each volume contains a comprehensive bibliography covering the year’s relevant publications.
The Yearbook of International Organizations provides the most extensive coverage of non-profit international organizations currently available. Detailed profiles of international non-governmental and intergovernmental organizations (IGO), collected and documented by the Union of International Associations, can be found here. In addition to the history, aims and acitvities of international organizations, with their events, publications and contact details, the volumes of the Yearbook include networks between associations, biographies of key people involved and extensive statistical data.

Volume 5 includes statistics on geographical regions and subjects where organizations work, visual representations of statistical data and networks, and historical statistical summaries and analyses.
Author: Colleen Thouez

Abstract

Cities are fast becoming actors on issues of transnational import. This is also true in the field of migration governance where their scope of responsibility has traditionally been perceived as entirely domestic in nature. As mayors act and advocate transnationally on migration, they are supported by a growing web of intercity networks spanning knowledge sharing, to lobbying, to operational work. In parallel, cities’ agency is rising as they begin to acquire access and influence in interstate deliberations and decision-making fora. Their active presence impacts policy instruments like the UN Global Compact for Migration and Global Compact on Refugees, and policy frameworks like the Global Forum on Migration and Development. In turn, as cities provide more information on challenges faced locally, we may expect more pragmatic approaches to migration. This article outlines this expansion of cities’ agency and what it could mean for international migration governance.

In: Global Governance: A Review of Multilateralism and International Organizations

Abstract

This article uses snapshots, rather than the ongoing flows of diffusion/contestation typically emphasized by constructivists, to explore the exercise of power through normative change. Its case is a high-profile Human Rights Council initiative: the UN Guiding Principles on Business and Human Rights (UNGP s). These UNGP s have successfully presented meanings as fixed while actually stretching those meanings’ boundaries. They reconceptualize what it means to “respect” and “protect” human rights. This is surprising given that the principles were framed as a conservative exercise at clarification, and under-noticed due to the legal rather than conceptual focus of the existing critical literature. To respect human rights, according to the UNGP s, agents need to take costly positive action. Furthermore, protect obligations come before respect. These are significant innovations. On the other hand, two missed opportunities of the UNGP s are their thin harm-based foundation for respect obligations, and their state centrism about who has duties to protect.

In: Global Governance: A Review of Multilateralism and International Organizations

Abstract

This article contends that practices of, and reflections on, global governance are diversifying without any particular teleology. Therefore, it proposes a “postgovernance” perspective to capture and make sense of the multiplicity of concurrent developments. Just like post-punk followed punk rock and provided new energy, postgovernance provides opportunities to revitalize debates on world politics. Postgovernance allows both scholars and practitioners to consider the persistence of “traditional” forms of global governance as well as the simultaneous emergence of new approaches. This article thus proposes postgovernance as a mode of world politics in a postparadigmatic world that is dynamic yet inconsistent. We advance this argument by outlining what postgovernance entails, by taking stock of current debates from a postgovernance perspective, and by discussing how these can be advanced from a postgovernance point of view.

In: Global Governance: A Review of Multilateralism and International Organizations
Author: Tine Hanrieder

Abstract

The World Health Organization (WHO) is once more asked to reinvent itself and become more effective. This essay discusses recurrent reform proposals directed at the WHO which, in different ways, ask it to find a strategic focus and thereby its niche in the crowded global health arena. Looking back at decades of reform endeavors at the WHO, it exposes the contradictions and unresolved normative conflicts with regard to the WHO’s priorities. Ultimately, the WHO’s effectiveness hinges on Member State support for public authority in global health, and thus the political commitment to protect it against capture by special interests.

In: Global Governance: A Review of Multilateralism and International Organizations

Abstract

Recent scholarship has highlighted the role of domestic pressures in determining state preferences toward the reform of international organizations (IO s). This article adds a new dimension by examining how partisanship and ministerial control affect state preferences toward IO empowerment. The article derives two expectations from the existing literature. First, partisan position will determine preferences toward IO empowerment. Second, when a government is constituted by multiple parties, the position of the party with the IO’s ministerial portfolio will determine the government’s position toward IO empowerment. The article illustrates this argument by examining the positions of four net donors (Germany, France, the United Kingdom, and the United States) and two net recipients (Brazil and India) during the World Bank’s reforms. By bringing domestic politics back in, this article complements existing studies on the politics of IO reform and weighs in on central debates in comparative politics and international political economy.

In: Global Governance: A Review of Multilateralism and International Organizations
Author: Sandra Lavenex

Abstract

As process-oriented, inclusive, legally nonbinding frameworks deemed to promote cooperation in the pursuit of agreed objectives, the Global Compacts for Migration and Refugees adopted in December 2018 introduce modes of experimentalist governance in fields where states have hitherto opposed (new) multilateral commitments. This article retraces the introduction of experimentalist elements in the compacts’ architecture and critically discusses their potential and limits in such contested policy fields. It concludes that given the depth of normative and distributive conflicts, the compacts are unlikely to generate substantive innovation, as experimentalist theory would suggest. They may, however, help to counter the erosion of existing commitments.

In: Global Governance: A Review of Multilateralism and International Organizations
Author: Jörn Ege

Abstract

The secretariats of international organizations (international public administrations [IPA s]) constitute the institutional grid of global governance. While recent research has provided valuable insights into the independent capacities of international organizations (IO s) and the influence of IPA s, we lack systematic knowledge of how scholars conceptualize the preferences of IO staff. This is lamentable because understanding the (unifying) motivations of “international civil servants” helps us to make sense of their behavior and influence during the adoption and application of IO policies. To review how IPA studies conceptualize the preferences of international bureaucrats, this article suggests a fourfold typology of ideal-typical bureaucratic behavior. It distinguishes between the underlying behavioral logic and dominant bureaucratic goal orientation. Applying the typology to thirty-nine journal articles allows us to map IPA preferences and behavior, and shows that the literature predominantly views IPA s as behaving responsibly and less self-centeredly than could be expected from economic accounts of bureaucracy.