NGOs in International Law


Book Description

The essays are persuasive and well-written and, all in all, the book makes an indelible contribution to the legal discourse surrounding this subject. Although the essays are presented with sufficient detail and structure for legal specialists, it would be extremely useful for lobbying practitioners. It is equally essential reading for larger NGOs who wish to improve existing partnership efforts as well as smaller NGOs in developing countries who would like to know more about the policy considerations underpinning current limitations to the NGO s role. Akima Paul, Vienna Online Journal on International Constitutional Law The increasing importance of NGOs has forced international institutions to pay attention to issues of participation and transparency. This excellent book provides comprehensive and insightful analyses of how international bodies accommodate NGOs and their concerns. It forthrightly addresses the uncertain legal status of NGOs in international law. Edith Brown Weiss, Georgetown University Law Center, US No one can deny the significance that NGOs have at the international level, or the dynamism some of them have shown in promoting change, whether in the context of the International Criminal Court or the environment, etc. This is a lively and well-informed account of the wide range of NGOs at the international level, their continuing search for status and (what is more important) access, and also of the abuses sometimes involved, e.g. with servile NGOs in the human rights field. This collection provides an important source of information about an important source of influence on our lives. James Crawford, Cambridge University, UK A timely and useful book that highlights the multi-faceted role of NGOs on the international scene and the rules and practices which have been designed to this end. Laurence Boisson de Chazournes, University of Geneva, Switzerland This book offers a refreshing and well-informed approach to the contentious issues of the role, legal status and consequences of NGOs in international law. The authors provide insightful and high quality analyses of the theories, applications and realities of NGO participation in a wide range of international activity. Robert McCorquodale, University of Nottingham, UK This is a timely and important contribution. It assists in our understanding of developments that have theoretical and practical implications for the changing international legal order. Philippe Sands, University College London, UK The increasing role that NGOs play at different levels of legal relevance from treaty-making to rule implementation, and from support to judges to aid delivery calls for reconsideration of the international legal status of those organizations. This book shows that the degree of flexibility currently enjoyed by NGOs in fields as varied as human rights, the environment and the European Union development cooperation policy constitutes the best arena for all actors involved, with the consequences that the instances where more strict regulation of NGOs participation is desirable are very limited. With each chapter focusing on a different modality of NGO participation in international affairs (from formalised legal statuses to informal ways of dealing with issues of international relevance), this book will be of great interest to academics specialised in international law, political scientists, international officials working for both international organisations and non-governmental organisations, and legal practitioners (legal counsels of international organisations, lawyers and judges).




Non-Governmental Organisations in International Law


Book Description

Non-governmental organisations (NGOs) play an increasing political role on the international scene, and their position in relation to international law is generally regarded as important but informal. Their actual legal status has not been the subject of much investigation. This 2006 book examines the legal status of NGOs in different fields of international law, with emphasis on human rights law. By means of a thorough examination and systematisation of international legal rules and practices, the rights, obligations, locus standi and consultative status of NGOs are explored. This study is placed within a wider discussion on the representation of groups in the international legal system. Lindblom argues, on the basis of a discourse model of international decision-making, that non-governmental organisation is an important form of public participation that can strengthen the flawed legitimacy of the state-centric system of international law.




Status of NGOs in International Humanitarian Law


Book Description

In Status of NGOs in International Humanitarian Law, Claudie Barrat examines the legal framework applicable to NGOs in situations of armed conflict. The author convincingly demonstrates, contrary to convention, that in addition to the ICRC, the National Societies and the IFRC, numerous other NGOs referenced in humanitarian law treaties have a legal status in IHL and therefore legitimate claim to employ IHL provisions to respond to current challenges. On the basis of clear and thorough definitions of these entities, Barrat argues that existing NGOs meeting stringent definition can benefit from customary rights and obligations in both international and non-international armed conflict.




Vigilantes Beyond Borders


Book Description

How and why NGOs are increasingly taking independent and direct action in global law enforcement, from human rights to the environment Nongovernmental organizations (NGOs) have generally served as advocates and service providers, leaving enforcement to states. Now, NGOs are increasingly acting as private police, prosecutors, and intelligence agencies in enforcing international law. NGOs today can be found investigating and gathering evidence; suing and prosecuting governments, companies, and individuals; and even catching lawbreakers red-handed. Examining this trend, Vigilantes beyond Borders considers why some transnational groups have opted to become enforcers of international law regarding such issues as human rights, the environment, and corruption, while others have not. Three factors explain the rise of vigilante enforcement: demand, supply, and competition. Governments commit to more international laws, but do a poor job of policing them, leaving a gap and creating demand. Legal and technological changes make it easier for nonstate actors to supply enforcement, as in the instances of NGOs that have standing to use domestic and international courts, or smaller NGOs that employ satellite imagery, big data analysis, and forensic computing. As the growing number of NGOs vie for limited funding and media attention, smaller, more marginal, groups often adopt radical strategies like enforcement. Looking at the workings of major organizations, including Amnesty International, Greenpeace, and Transparency International, as well as smaller players, such as Global Witness, the Sea Shepherd Conservation Society, and Bellingcat, Vigilantes beyond Borders explores the causes and consequences of a novel, provocative approach to global governance.




Non-Governmental Organisations and the United Nations Human Rights System


Book Description

Non-governmental Organisations (NGOs) have become important, although sometimes overlooked, actors in international human rights law. Although NGOs are not generally provided for in the hard law of treaties, they use the UN human rights system to hold Governments to account. A key way in which they do so is using State reporting mechanisms, initially the UN treaty bodies, but more recently supplemented by the Human Rights Council’s Universal Periodic Review. In doing so, NGOs provide information and contribute to developing recommendations. NGOs also lobby for new treaties, contribute to the drafting of these treaties, and bring individual’s complaints to the UN human rights bodies. This book charts the historical development of the NGO role in the UN. It examines the UN regulation of NGOs but the largely informal nature of the role, and an exploration of the various types of NGOs, including some less benign actors such as GONGOs (Governmental NGOs). It also draws on empirical data to illustrate NGO influence on UN human rights bodies and gives voice to stakeholders both inside and outside the UN. The book concludes that the current UN human rights system is heavily reliant on NGOs and that they play an essential fact-finding role and contribute to global democratisation and governance.







NGO Involvement in International Governance and Policy


Book Description

Internationally operating nongovernmental organisations, NGOs, are increasingly involved in international politics and policy making. In many respects their involvement resembles activities and policies that, until recently, were typical of traditional national authorities. This book is about the reasons for which NGOs can and the reasons for which NGOs cannot be considered as rightful participants in international governance. It tries to deliver rationally defensible starting points for the discussion and the assessment of claims for the legitimacy of their organizations and activities. The book focuses on the question: What conditions must ideally be met for an organization to be called truthfully legitimate, be it or be it not as a matter of fact perceived as legitimate by the public? This does not mean that empirically descriptive questions are left aside. Practical feasibility is important even to a thoroughly normative conception of legitimacy. For that reason and for heuristic purposes, large parts of this book are dedicated to the ways in which NGOs and stakeholders perceive NGO legitimacy.




Non-Governmental Organizations in World Politics


Book Description

Non-governmental organizations (NGOs) from Amnesty International and Oxfam to Greenpeace and Save the Children are now key players in global politics. This accessible and informative textbook provides a comprehensive overview of the significant role and increasing participation of NGOs in world politics. Peter Willetts examines the variety of different NGOs, their structure, membership and activities, and their complex relationship with social movements and civil society. He makes us aware that there are many more NGOs exercising influence in the United Nations system than the few famous ones. Conventional thinking is challenged in a radical manner on four questions: the extent of the engagement of NGOs in global policy- making; the status of NGOs within international law; the role of NGOs as crucial pioneers in the creation of the Internet; and the need to integrate NGOs within mainstream international relations theory. This is the definitive guide to this crucial area within international politics and should be required reading for students, NGO activists, and policy-makers.




Complicity and the Law of International Organizations


Book Description

This timely book examines the responsibility of international organizations for complicity in human rights and humanitarian law violations. It comprehensively addresses a lacuna in current scholarship through an analysis of the mandates and modus operandi of UN peace operations, offering workable normative solutions and striking a balance between the UN’s duty not to contribute to international law violations and its need to discharge mandated tasks in a highly volatile environment.




The Making of International Law


Book Description

1. Introduction 2. Participants in International Law-making 3. Multilateral Law-making Processes 4. Codification and Progressive Development of International law 5. Law-making Instruments 6. The Role of Courts.