Research Handbook on the Law of International Organizations

Research Handbook on the Law of International Organizations

Research Handbooks in International Law series

Edited by Jan Klabbers and Åsa Wallendahl

This pioneering Research Handbook with contributions from renowned experts, provides an overview of the general doctrines making up the law of international organizations.

Chapter 1: Contending Approaches to International Organizations: Between Functionalism and Constitutionalism

Jan Klabbers

Subjects: asian studies, asian law, law - academic, asian law, european law, human rights, intellectual property law, international economic law, trade law, public international law, politics and public policy, human rights, international politics, international relations

Extract

1 Jan Klabbers INTRODUCTION International organizations make headlines pretty much every day. Sometimes they do so in a positive sense, earning praise for their work, but increasingly, it seems, some of those headlines are negative: at least some of their activities are seen as controversial. UN peacekeepers, e.g., have been accused of human rights violations, of organizing prostitution rings, and other sordid activities, and the UN has been criticized both for doing nothing (think Rwanda, think Srebrenica) and, often enough, for doing too much (think of the Security Council adopting a legislative role). The World Bank regularly is condemned for failing to pay attention to the effects of its policies on the human rights of people; much the same applies to the external relations of the European Union which, while waving the banner of human rights and democracy, are seen by many as imposing standards on poorer nations. The United Nations High Commission for Refugees (UNHCR) engages in repatriations of people, voluntary or not-quite-so-voluntary, and runs the risk of going astray when determining the status of refugees. The World Trade Organization (WTO) is often accused of sacrificing environmental considerations, labour standards, and principles of human rights on the altar of free global trade, and most disturbing of all perhaps, the United Nations Sanctions Committees are sometimes seen as violating human rights in the war on terror which, perhaps ironically, is itself often justified in the name of human rights. Even where international organizations do not engage in identifiable wrongs, their...

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information