The Legal Framework of the OSCE


Book Description

The Organization for Security and Cooperation in Europe (OSCE), the world's largest regional security organisation, possesses most of the attributes traditionally ascribed to an international organisation, but lacks a constitutive treaty and an established international legal personality. Moreover, OSCE decisions are considered mere political commitments and thus not legally binding. As such, it seems to correspond to the general zeitgeist, in which new, less formal actors and forms of international cooperation gain prominence, while traditional actors and instruments of international law are in stagnation. However, an increasing number of voices - including the OSCE participating states - have been advocating for more formal and autonomous OSCE institutional structures, for international legal personality, or even for the adoption of a constitutive treaty. The book analyses why and how these demands have emerged, critically analyses the reform proposals and provides new arguments for revisiting the OSCE legal framework.







Religious Liberty


Book Description




Transformation of the OSCE Legal Status


Book Description

The concluding paper of the volume on the legal framework of the OSCE (forthcoming in Steinbrück Platise/Moser/Peters (eds), The Legal Framework of the OSCE, Cambridge University Press) brings together some of the main empirical and theoretical insights of the research project which has been conducted by lawyers and political scientists, scholars and practitioners, politicians and international civil servants. The variety of contributions results in a diversified yet nuanced analysis of the legal status of the OSCE, a prime example of an informal international organisation. The paper examines their contrasting results as well as their common features and structures along three themes. First, the paper contrasts different roles that the authors ascribe to the OSCE, ranging from a Cold War instrument over an informal mode of governance to a global governance actor in its own right. Second, it analyses the transformation of relevant interests of different actors (states, the OSCE bodies themselves, and governed individuals) which took place since the inception of the Conference/Organization. Third, the paper demonstrates that the competing reform proposals for strengthening the OSCE legal framework manifest divergent underlying ideas about the role and functioning of international organisations, both in the political and the legal dimension. The paper concludes that the debate on the reform of the OSCE's legal framework should acknowledge the interdependence of effectiveness and legitimacy of the OSCE as a global governance actor and that an OSCE 'constitution' would not only empower the OSCE but also render it more accountable.




Conceptualising Accountability in the Legal and Institutional Framework of the OSCE.


Book Description

This paper (forthcoming in Steinbrück Platise/Moser/Peters (eds), The Legal Framework of the OSCE, Cambridge University Press) investigates accountability in the context of the OSCE, considering the Organisation's unsettled legal framework. The analysis unfolds in three parts. The focus of the first part is on outlining the conceptual framework. Approached from a constitutional - that is power-centred - perspective, accountability is defined as a mechanism in which the power-wielder (actor) is held to account by a meaningful other (forum) in a three-step process as conceptualised by Bovens. Accountability mechanisms can thus cover a wide range of issues (legal, political and administrative matters) and activities (decision-making, steering and implementation). The second part then goes on to contextualise accountability in a broader governance scheme. Here, the paper inter alia inquires what the decisive criterion for accountability in the international arena would be, given that much public power is channelled through formal as well as informal international institutions. In the third and last part, existing accountability arrangements in the current OSCE framework are mapped and the relevance of accountability for the OSCE is discussed, also with reference to other international institutions entrusted with similar functions and tasks.







Conciliation in International Law


Book Description

This volume collects the materials underlying the International Colloquium “Conciliation in the Globalized World of Today“, held on 11 and 12 June 2015 in Vienna under the auspices of the Court of Conciliation and Arbitration within the OSCE. The aim of the Colloquium was to examine the merits and possible shortcomings of this method of conflict resolution, and it concluded that the pros heavily outweigh the cons. This volume therefore draws the attention of everyone dealing with conflict management to those advantages. It does not end by providing a summary of conclusions to be drawn from the examination of the rules governing the OSCE Court and the practice of the other institutions considered. The reader will have to find out her/himself what experiences have been made in other fields where conciliation has been institutionalized as a dispute-settlement procedure. In this regard, the present book constitutes a treasury of lessons that cannot easily be brought down to a common denominator.




Religious Liberty


Book Description







Legal Uncertainty and Indeterminacy - Immutable Characteristics of the OSCE?


Book Description

This paper (forthcoming in Steinbrück Platise/Moser/Peters (eds), The Legal Framework of the OSCE, Cambridge University Press) disentangles the complex questions relating to the legal status of the Organization for Security and Co-operation in Europe (OSCE). It unfolds in five steps. First, the political context, institutional development and operational realities of the OSCE - from its inception during the Cold War until its present situation - are briefly outlined. Then, the analysis moves on to describe the patchy legal environment of the OSCE, in particular the interrogations revolving around the entity's legal nature. Thirdly, the discussion turns to the international legal personality, domestic legal capacity and the privileges and immunities of the OSCE. The inquiry brings to the fore its current lack of a unified international legal personality, which is coupled with a lack of explicit and unequivocal rules on domestic legal personality ('capacity'), both of which, in turn, lead to the status of the OSCE and its members of staff depending on domestic law or, more precisely, on a patchwork of national legal regimes of various participating States. Building on these insights, the fourth section of the paper outlines different formalisation options with a view to coping with the current legal uncertainty and indeterminacy surrounding the OSCE. Finally, the paper sketches out the content of the book by briefly recapitulating the main arguments made by the paper's authors.