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32. Isabelle Ley. Opposition im Völkerrecht: Ein Beitrag zur Legitimation internationaler Rechtserzeugung [Opposition in International Law: A Contribution to the Legitimation of International Law-Making]
- Author:
- Jan Klabbers
- Publication Date:
- 07-2015
- Content Type:
- Journal Article
- Abstract:
- Isabelle Ley, in her exemplary dissertation defended at Humboldt University, takes the emergence of regulatory international law as her starting point and aims to investigate how its democratic legitimacy could be enhanced. For her, democracy is not just a matter of particular institutions or practices but, rather, of open and possibly oppositional politics. Building on the work of Claude Lefort and, in particular, Hannah Arendt, she develops a framework for discussing democracy in international law conceptualized as the possibility for opposition. A democratic polity is one where every participant has the possibility of helping to take care of the common world, as Arendt might have put it, and presupposes open politics. This politics is, so to speak, politics for the sake of politics or politics in the Olympic spirit: what matters is not so much winning but taking part; what matters is not so much which policies will be adopted but the political process itself. Following Aristotle, taking part in public affairs is viewed as the most salient manifestation of human excellence: man being a political animal, he can do no better than take part in the political process – this is where individual happiness is achieved and, therewith, the ultimate justification of democracy.
- Topic:
- International Law, International Organization, Political Theory, and Democracy
- Political Geography:
- Europe and Germany
33. Functionalism! Functionalism! Do I Look Like Functionalism?
- Author:
- Laurence Boisson de Chazournes
- Publication Date:
- 10-2015
- Content Type:
- Journal Article
- Abstract:
- In his EJIL Foreword, Jan Klabbers argues that the contemporary application of functionalism, understood as organizations being assigned functions, in order both to realize the common good and to deepen inter-state cooperation, is something of a theoretical straitjacket. However, can functionalism really be described as a ‘one-size-fits-all’ concept? It is the contention of this Comment that there are, in fact, different manifestations of the concept, including neo-functionalism and formal or informal functionalism. New realities in this field also reflect an evolved conception of functionalism, such as the increasing diversity of actors affected by, and influencing, international organizations, as well as the fact that institutions have become authorities in their own right. As a consequence, we may also observe the emergence of principles, often referred to as global administrative law principles, aimed at dealing with these new realities. The article recognizes that a functional orientation in designing the mandates of international organizations has contributed to overlaps and inefficiency. However, it argues that efforts have been made in pursuance of greater efficiency.
- Topic:
- International Law, International Organization, and World Trade Organization
- Political Geography:
- Europe and Global Focus
34. Saving the Scarecrow
- Author:
- André Nollkaemper
- Publication Date:
- 10-2015
- Content Type:
- Journal Article
- Abstract:
- This brief Comment responds to Jan Klabbers’ recent article, ‘The Transformation of International Organizations Law’. It focuses on three points: the polemical style and disengagement with substance in the article; the question of whether we can do without some form of functionalism; and the further question of what it means to speak of ‘responsibility beyond functionalism’.
- Topic:
- International Law, International Organization, Law, and Critique
- Political Geography:
- Europe and Global Focus
35. The Original Sin (and Salvation) of Functionalism
- Author:
- Guy Fiti Sinclair
- Publication Date:
- 10-2015
- Content Type:
- Journal Article
- Abstract:
- This Comment interrogates the central and determining role accorded to functionalism in Jan Klabbers’ account of international organizations (IOs) law in his recent article, ‘The EJIL Foreword: The Transformation of International Organizations Law’. Specifically, it expresses doubts regarding Klabbers’ designation of functionalism as the dominant, paradigmatic theory of IOs law; questions whether the article’s account of functionalism’s historical origins is persuasive; and argues that the ‘rise and fall’ narrative set forth in the article presents an overly sanitized picture of IOs law, largely free from political struggle. The development of IOs law has been more contested than Klabbers’ narrative suggests; minimizing that contestation carries the danger of closing off possibilities for reimagining IOs law today.
- Topic:
- International Relations, International Law, International Organization, and Critique
- Political Geography:
- Europe and Global Focus
36. The Transformation of International Organizations Law: A Rejoinder
- Author:
- Jan Klabbers
- Publication Date:
- 10-2015
- Content Type:
- Journal Article
- Abstract:
- Jan Klabbers responds to critiques by Laurence Boisson de Chazournes, André Nollkaemper and Guy Fiti Sinclair of his EJIL Foreword.
- Topic:
- International Relations, International Law, International Organization, and Critique
- Political Geography:
- Europe and Global Focus
37. The WTO Under Pressure: Tackling the deadlock in multilateral trade
- Author:
- Marikki Stocchetti and Johanna Jacobsson
- Publication Date:
- 11-2013
- Content Type:
- Policy Brief
- Institution:
- Finnish Institute of International Affairs (FIIA)
- Abstract:
- Multilateral trade liberalisation is in crisis. The WTO's ambitiously named Doha Development Round has been ongoing for more than a decade. Only a few limited issues remain on the negotiation agenda. While the round is being increasingly declared dead even by WTO members themselves, the same countries are concluding deeper trade agreements than ever before. Such progress, however, takes place at the bilateral and regional level. Another major development is the appearance of deep regulatory issues on the trade agenda. The shift from customs tariffs to countries' internal policies requires a certain like-mindedness from negotiation partners and poses challenges for national decision-making policies. Developing countries have gained less from multilateral trade liberalisation than what they had hoped for. The shift towards more fragmented trade regimes makes them even more prone to remain bystanders in global trade. At the WTO's next ministerial conference in Bali, progress on agriculture, trade facilitation and the treatment of the poorest countries would give a much-needed signal that the WTO can still benefit all of its members.
- Topic:
- Economics, International Cooperation, International Organization, International Trade and Finance, Treaties and Agreements, and World Trade Organization
- Political Geography:
- Europe
38. Financial regulation and the G20
- Author:
- Hugh Jorgensen, Mike Callaghan, Stephen Pickford, Richard Gray, Steven Bardy, Graham Hodges, and Ross Buckley
- Publication Date:
- 07-2013
- Content Type:
- Working Paper
- Institution:
- Lowy Institute for International Policy
- Abstract:
- This issue of the Monitor canvases the role of the G20 in strengthening financial regulation. It contains articles by Hugh Jorgensen (Lowy Institute), Stephen Pickford (Chatham House), Richard Gray (Westpac), myself, Steven Bardy (Australian Securities and Investment Commission), Ross Buckley (University of New South Wales) and Graham Hodges (ANZ). It also includes a summary of the discussion at a regional 'Think 20' seminar recently held at the Lowy Institute.
- Topic:
- Economics, International Organization, International Trade and Finance, Financial Crisis, and Reform
- Political Geography:
- United States and Europe
39. The Role of International Organizations in the National Security of Ukraine
- Author:
- Valeriya Klymenko
- Publication Date:
- 01-2013
- Content Type:
- Journal Article
- Journal:
- National Security and Defence
- Institution:
- Razumkov Centre
- Abstract:
- On 17 September 2013, Kyiv hosted the International Conference “The Role of International Organisations in the National Security of Ukraine”. The Conference was organised by the Razumkov Centre jointly with the NATO Liaison Office in Ukraine and the Ukrainian Diplomatic Academy under the auspices of the Ministry of Foreign Affairs of Ukraine, and with the support from the Embassies of Norway, Poland and Switzerland in Ukraine and the Ministry of Defence of Estonia. The event had taken place two months before the EU Eastern Partnership Summit in Vilnius, where Ukraine and the EU were supposed to sign the Association Agreement. After long and tough talks between the Ukrainian authorities and European partners, the parties came close to an uneasy compromise. It seemed that the willingness to sign the Agreement – at least on the part of Ukraine – was beyond doubt. Almost all the panellists, despite some reservations, expressed their confidence in the strategic importance of such a step for Ukraine’s future. Furthermore, the time was approaching to sum up the results of Ukraine’s chairmanship in the OSCE – one of the leading international organisations dealing with European security issues. That is why, the Conference has become an important element of fervent discussions both in Ukraine and abroad about the future of security and sustainable development in Europe. The agenda proposed by the Conference organisers covered different security domains: military, economic, humanitarian, and energy sector. Despite a specific subject matter allocated to each panel and the appropriate selection of participants, all the aspects were closely interwoven during the discussions, which directly reflected the nature of current threats and challenges and complex interconnections of different security aspects. To ensure a productive discussion, the Razumkov Centre prepared the Discussion Paper based on the Expert Meeting of 24 July 2013, which involved representatives of the Ministry of Foreign Affairs of Ukraine, the Ministry of Defence of Ukraine, the National Institute for Strategic Studies, leading non-governmental think-tanks (NOMOS Centre, the Institute for Euro-Atlantic Cooperation, the Centre for International Studies, Uniworld International Foundation), along with the results of an expert survey and public opinion survey. This issue of journal contains: Discussion Paper prepared for the International Conference; Expert assessments of Ukraine’s cooperation with international organisations; Public opinion on some aspects of Ukraine’s foreign and security policy; Conference Participants’ presentations; Articles by the military-political experts.
- Topic:
- Foreign Policy, NATO, International Organization, National Security, and Public Opinion
- Political Geography:
- Europe and Ukraine
40. Police Primacy: The Challenges of Developing Host Nation Police Capacity on Stability Operations
- Author:
- James Wither and Thilo Schroeter
- Publication Date:
- 05-2012
- Content Type:
- Working Paper
- Institution:
- George C. Marshall European Center for Security Studies
- Abstract:
- Stability operations are complex military-civilian interventions to address the security, economic, and governance issues that fuel disorder and violence in fragile and conflict-affected states. The United States Department of Defense has described stability operations as: various military missions, tasks, and activities conducted outside the United States in coordination with other instruments of national power to maintain or reestablish a safe and secure environment, provide essential governmental services, emergency infrastructure reconstruction, and humanitarian relief.
- Topic:
- Security, International Cooperation, International Organization, and Bilateral Relations
- Political Geography:
- Europe, Eurasia, United Nations, and North America