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11. Tana Johnson. Organizational Progeny. Why Governments are Losing Control over the Proliferating Structures of Global Governance

Author:
Matthias Goldmann
Publication Date:
04-2015
Content Type:
Journal Article
Abstract:
According to mainstream functionalist theories of international law and relations, international organizations are vehicles of states, tied to their masters by meticulous legal instructions. As Jan Klabbers recently pointed out in this journal,1 functionalism was based on the idea of establishing peace by channelling international relations into the purportedly technical, a-political realm of international organizations. Research of the last couple of decades has profoundly rebutted the assumption that international organizations are a-political. They have been discovered, among others, to serve as platforms for the formation of epistemic communities, as agorae for political deliberation and contestation or to use their bureaucratic potential and the flexibility of their mandates to establish a degree of independence from their principals. The book by Tana Johnson, professor of political science at Duke University, adds another important perspective that has not been explored so far. She turns our attention to the fact that institutional design might matter for the international organization’s independence from member states. As chief witness for her thesis, she summons the Intergovernmental Panel on Climate Change (IPCC). Originally a brainchild of the US government, it is today a fairly independent institution fallen from grace with its master. Johnson argues that it owes its independence to the influence of international bureaucracies – that is, staff of other international organizations, upon the process that led to its establishment. The thesis puts the spotlight on the fact that a majority of new international organizations that saw the light of the day during the last decades was fostered by pre-existing international organizations.
Topic:
International Relations, Climate Change, International Law, International Organization, and Governance
Political Geography:
United States and Europe

12. The International Civil Servant in Theory and Practice: Law, Morality, and Expertise. Review of Carsten Stahn and Henning Melber (eds). Peace Diplomacy, Global Justice and International Agency: Rethinking Human Security and Ethics in the Spirit of Dag Hammarskjöld; Roger Lipsey. Hammarskjöld: A Life; Lise Namikas. Battleground Africa: Cold War in the Congo, 1960–1965; Anne Orford. International Authority and the Responsibility to Protect

Author:
Guy Fiti Sinclair
Publication Date:
07-2015
Content Type:
Journal Article
Abstract:
Reflecting upon the ambiguous relationship between international civil servants and international law in both theory and practice, this review essay examines several recent books that address the life and legacy of Dag Hammarskjöld, the second Secretary-General of the United Nations. Drawing upon recent theoretical work regarding international organizations, the essay argues that the authority of international civil servants should be understood as operating through three distinct yet interconnected modalities of discourse and practice: legal, moral and expert. Moreover, a comprehensive account of the authority exercised by international civil servants must take account of how they respond to any tensions that arise between their bases of authority as well as of their shifting relations with other ‘global governors’. The essay considers the depiction of Hammarskjöld by each of the books under review, highlighting the sometimes overlooked interconnections between the different sources of authority upon which he drew and suggesting some starting points for an alternative, integrated account of his thought and practice.
Topic:
Civil Society, Diplomacy, International Law, International Organization, and Humanitarian Intervention
Political Geography:
Africa and Europe

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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
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

19. 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

20. International organisations and policy diffusion: the global norm of lifelong learning

Author:
Anja p. Jakobi
Publication Date:
01-2012
Content Type:
Journal Article
Journal:
Journal of International Relations and Development
Institution:
Central and East European International Studies Association
Abstract:
This article analyses the role of international organisations in global policy diffusion, drawing on the example of lifelong learning, a currently widely appreciated concept in education policy. I explain this success based on a sociological institutionalist framework, arguing that lifelong learning has become a global norm in education policy. For this purpose, I conduct a quantitative study of 99 countries from 1996 to 2004, showing how the idea of lifelong learning has been disseminated by international organisations and how states have reacted to this development. I first outline the theoretical framework, highlighting in particular the crucial role of international organisations. In a further step, I present the data and methods. In the third part, I analyse the activities of several international organisations on lifelong learning. In the fourth step, I show how lifelong learning has spread, distinguishing the idea of lifelong learning and reforms linked to it. Fifth, as the quantitative analysis shows, international organisations like the Organization for Economic Cooperation and Development and the European Union can explain a large part of dissemination when it comes to the idea of lifelong learning, but reforms are more dependent on national preconditions like the wealth of a country. In the conclusions, I sum up the article's main findings and outline further research areas linked to global diffusion processes.
Topic:
International Organization
Political Geography:
Europe