The Normative Position of International Non-Governmental Organizations under International Law

An Analytical Framework

The activities of International Non-Governmental Organizations give rise to multifaceted questions of legality and legitimacy. The normative position of INGOs within the 'international community' has proved to be acutely controversial, demanding a fundamental reconsideration of the concepts of the nation-state and of international organizations of all kinds. There is manifestly a crying need for a comprehensive framework against which the capacity of international law to comprehend these complex issues can be measured. This book explores contemporary approaches towards INGOs, those based on criticism of the doctrine of international legal personality as well as those adopting a functional-constitutional perspective. It engages in a stimulating and thorough interdisciplinary evaluation of the theoretical and practical potential of these theories to generate solutions for the problems produced by the exercise of unregulated authority outside the state-system. The book investigates the main concepts put forward by international lawyers within 'postmodern' discourse, among them 'global civil society', 'globalization' and 'governance', and examines their consistency with existing institutional arrangements, and the century-old attempts to standardize the status of INGOs.

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Dr. Rephael Harel Ben-Ari, Ph.D (2010), Bar-Ilan University; LL.M (Public International Law) ( cum laude), Leiden University; LL.B ( cum Laude), Tel-Aviv University; Hauser Global Research Fellow & Neil MacCormick Fellow in Legal Theory (2011-2012), New York University School of Law; teaches public and criminal international law.
I. Overview: Contemporary Interdisciplinary Research;
II. Analytical Frameworks;
1. The Traditional Doctrinal Approach;
1.1 The Doctrine of International Legal Personality;
1.2 Contextual Background and Main Implications;
2. Conceptual Frameworks Outside Personality;
2.1 The Functional-Constitutional Approach;
2.2 Contextual Background and Main Implications;
III. Analytical Paradigms in the Context of Discourses on Legitimacy and Fairness;
IV. Main Lines of Inquiry and Outline;
Part I: INGOs: Arguing a Normative Status for Non-State Actors
I. Subjects of International Law: Historic Context and Modern Controversies;
II. The Doctrine of International Legal Personality: Governing Principles;
III. INGOs: Role and Relevance;
1. Defining INGOs;
2. Defining ‘Globalization’;
3. Role and Relevance of INGOs;
IV. Analysis of Present Legal Status;
1. Article 71 UN Charter;
2. The European Convention on the Recognition of the Legal Personality of International NGOs;
3. Evaluation;
V. INGOs’ International Normative Status: Intermediate Observations;
Part II: Ameliorating a Formal Normative Status for INGOs: Contextual Historical Analysis of Past Attempts and Legal Instruments
I. Historical Synopsis of Attempts to Draft an International Convention on the Normative Position of INGOs under International Law and Consequent Legal Arrangements;
1. Pre Second World War Developments;
1.1 The 1912 von Bar Proposal (Institute of International Law);
1.2 The 1923 Politis Proposal (Institute of International Law);
2. Post Second World War Developments;
2.1 Proposal of the Conference of Consultative Status Non-Governmental Organizations (CCNGOs) (by Niboyet and Kopelmanas), 1948;
2.2 Proposal of the CCNGOs (by Habicht and Kopelmanas), 1949;
2.3 The 1950 Bastid Proposal (Institute of International Law);
2.4 The 1959 Speeckaert Proposal (Union of International Associations);
2.5 The 1956 Draft Convention Concerning Recognition of the Legal Personality of Foreign Companies,
Associations, and Foundations (The Hague Conference on Private International Law);
2.6 The 1983 Merle Report, Parliamentary Assembly of the Council of Europe (COE);
2.7 The 1986 European Convention on Recognition of the Legal Personality of International Non-Governmental Organizations (COE);
2.8 The 1986 European Parliament Resolution on Non-Profit Making Associations in the European Communities (EEC);
II. Analysis and Evaluation;
Part III: The Emerging Global Scene: A Postmodern Perspective;
I. The Postmodern Human Condition: Paradoxes and Communitarian Appeals;
II. Globalization and De-Territorialization;
III. Globalization and Theories on State and Society;
IV. Global Civil Society;
V. American Perspective vs. Pan-European Perspective;
Part IV: ‘INGOs Within the Global Legal Order – Evolution, Revolution, or Vague Perception?’: Conclusions and Recommendations;
I. Political Knowledge and Sovereignty Debates;
II. Historical Context of Contemporary Trends;
III. International Legal Personality and Status;
IV. Aggregate Individual Rights;
V. International Legal Models of Idealism;
VI. Globalization Debate;
VII. Notion of Global Civil Society;
VIII. Accountability and Legitimacy;
IX. Normative Perception;
X. Hard Questions and Future Inquiry;
Bibliography; Index.
International lawyers - jurists, academics and practitioners; policy makers at all levels – national, inter-governmental and organizational; scholars of international relations and political science dealing with international organizations and the effects of globalization on international affairs.