International organizations

International Organizations in post-conflict settings: the lessons of the ICMP in Bosnia and Herzegovina

by Donovan Kavish

The OECD and Economic Governance: Invisibility and Impotence?

by Richard Woodward

Published in K.Martens & A.Jakobi (eds.) Mechanisms of OECD Governance: International Incentives for National Policymaking (OUP, 2010)

This chapter sketches the OECD’s role in economic governance, in particular the pursuit of its obligation to promote... more This chapter sketches the OECD’s role in economic governance, in particular the pursuit of its obligation to promote policies to maximise economic growth. While the OECD’s work in the economic field evolves its mechanisms of economic governance have barely altered. It is argued that through the use of the soft law mechanisms at its disposal such as surveillance and peer review the OECD exerts a “subtle discipline” over the trajectory of economic governance. These mechanisms can sponsor convergence in national policies and, on occasion, outbreaks of international policy coordination. Ultimately, however, the organization’s impact is conditioned by external actors and internal dynamics. The proliferation of international mechanisms of governance and the internal politics of the OECD may be diluting the its ability to shape the contours of international economic policymaking.

Article 19, in Le Pacte de la Société des Nations: Commentaire article par article. Kolb, R. (ed.), Pedone (à paraitre)

by Luigi Crema

In the labyrinth of international community: the Alliance of Civilizations programme at the United Nations

by Niels Lachmann

Published in Cooperation and Conflict 46(2), June 2011, 185-200

The conceptualization of international community presents important challenges for the study of international... more The conceptualization of international community presents important challenges for the study of international relations. This article suggests that it is best considered as an attempt to build a universalistic framework through transnational practices that however remains challenged by particularistic dynamics, even though it is supposed to be common to all international actors. The article addresses both the complexity and the normative implications of community-building at the international level through the example of the Alliance of Civilizations, a programme of the United Nations which aims to promote intercultural understanding and thus to counter tendencies towards a ‘clash of civilizations’. Among similar attempts, the late-1990s and early-2000s Dialogue among Civilizations appears both as a blueprint and as a measure of difference of outlook and development. The universalistic outlook of such efforts is challenged by the essential place of states, the singling out of tensions between the ‘West’ and the ‘Muslim world’ which points to exclusionary tendencies, and the reliance on security references to favour stakeholdership by international actors in the community-building attempt.

Nuove prospettive dopo l'attuazione del II Protocollo de L'Aja del 1999 (contributo alla tavola rotonda conclusiva del convegno "Proteggere l'arte, proteggere le persone", Bologna 2007)

by Massimo Carcione

Dieci anni di Scudo Blu (1996-2006): nascita, potenzialità, limiti e criticità della 'Croce Rossa' dei Beni culturali

by Massimo Carcione

Requesting Aid: State Applications for Global Fund Grants

by Patrick Theiner

In my second working paper, the question is what explains whether or not states apply to the Global Fund for grants.... more In my second working paper, the question is what explains whether or not states apply to the Global Fund for grants. Since the payoffs from seeing a grant approved far outweigh the costs of filing the application, it would make sense for states to apply as often as they can. Yet the average developing nation was eligible for 23.7 grants in nine years, but only decided to apply 6.4 times. I find that these decisions are mainly based on economic considerations, and on the prior relationship with the Fund, rather than actual public health pressures. An updated version of this paper will be presented at the 2012 Annual Meeting of the European Political Science Association, Berlin, June 2012.

Decision-Making in Multilateral Development Aid: The Case of the Global Fund to Fight AIDS, Tuberculosis and Malaria

by Patrick Theiner

In this first paper, I analyze Global Fund grant decision-making using a principal-agent framework. I find that the... more In this first paper, I analyze Global Fund grant decision-making using a principal-agent framework. I find that the decision of whether or not to recommend a grant for funding is dependent on the preferences of the Global Fund's experts, and so is the size of these grants. However, grant discrepancy (the difference between proposed and approved amounts) is significantly affected by the strategic and economic preferences of the Fund's six largest state donors.

Previous versions of this paper were presented at the Annual National Conference of the Midwest Political Science Association, Chicago, March 2011; and at the SGIR 7th Pan-European Conference on IR, Stockholm, September 2010.

The League of Nations: A Retreat from International Law?

by Stephen Wertheim

forthcoming in Journal of Global History Vol. 7 No. 2 (2012)

During the First World War, civil society groups across the North Atlantic put forward an array of plans for recasting... more During the First World War, civil society groups across the North Atlantic put forward an array of plans for recasting international society. The most prominent ones sought to build on the Hague Conferences of 1899 and 1907 by developing international legal codes and, in a drastic innovation, obligating and militarily enforcing the judicial settlement of disputes. Their ideal was a world governed by law, which they opposed to politics. This idea was championed by the largest groups in the United States and France in favor of international organization, and they had likeminded counterparts in Britain. The Anglo-American architects of the League of Nations, however, defined their vision against legalism. Their declaratory design sought to ensure that artificial machinery never stifled the growth of common consciousness. Paradoxically, the bold new experiment in international organization was forged from an anti-formalistic ethos — one that slowed the momentum of international law and portended the rise of global governance.

The Contemporary International Law Status of the Right to Receive Asylum

by William Worster

Clearly a state has a right to expel aliens generally, and a state has a right to grant asylum to aliens, but the... more Clearly a state has a right to expel aliens generally, and a state has a right to grant asylum to aliens, but the question is whether an individual has a right to asylum opposable to the state’s right to expel. In the literature, it is commonly understood that no such right exists. Treaty obligations discussing a “right to asylum” are understood in various ways, generally not to provide for a right to receive asylum but apply for it. However, the past few decades have shown a growth in conventions addressing asylum, especially, but not limited to, the European context. With refugee flows being an inherently international concern with a need for durable solutions, increasingly refugees are being assimilated to refugee-seekers. States are reacting or anticipating these issues by adopting domestic rights to asylum, at least for individuals qualifying as refugees. These trends suggest an evolving international consensus on opinio juris and state practice that refugees must receive asylum. Thus, it appears that the right to asylum for refugees exists under
customary international law.

The paper will proceed broadly in two sections viewing the issue from different perspectives. In the first section, the paper will begin by examining the “right to asylum” from the perspective of
the states, the authors of the Refugee Convention and similar agreements. The paper will conclude that the “right to asylum” in those agreements is directed at states, not individuals. In essence, states have a right vis-à-vis other states to grant asylum to aliens and not have that act be viewed as hostile.

However, this right of the state does not necessarily exclude a right of individuals to receive asylum if convention or customary international law also demand it. Accordingly, the second section examines the right of the individual to receive asylum. In the first sub-section, the author looks at conventional law and in the following sub-sections he looks at customary international
law, specifically state practice and opinio juris. In the conclusion, the author argues that, although there is a state right to grant asylum, there is also an individual right to receive it in certain circumstances. This conclusion is based on widespread and consistent practice granting asylum as an obligatory consequence of refuge.

The World Bank and the Global Financial Crisis: The Reemergence of Lending to Middle-Income Countries

by Matthew Winters

2011. Whitehead Journal of Diplomacy and International Relations 12.2 (Summer/Fall): 57-72.

In this article, I analyze the World Bank’s response to the global financial crisis. I show that the World Bank... more In this article, I analyze the World Bank’s response to the global financial crisis. I show that the World Bank significantly increased lending after the crisis began, and the majority of this lending went to middle-income countries rather than to the poorest countries of the world. At first glance, it might seem like the Bank was in dereliction of its duty to help the world’s poorest countries. In reality, addressing the credit constraint problems of middle-income countries was perhaps the most appropriate pattern of lending for promoting the health of the overall global economy, given the potential for these countries to become drivers of global trade and finance.

Splitting the Check: Bargaining Over Counterpart Commitments in World Bank Projects

by Matthew Winters

We describe bargaining between an international aid agency and an aid-receiving state over the financing of... more We describe bargaining between an international aid agency and an aid-receiving state over the financing of development projects. This framework contrasts with much of the aid allocation literature, which views donors as making unilateral decisions about how much funding countries should receive. We discuss a set of factors that might make donors or aid-receiving countries more or less likely to contribute an additional dollar of their own money for a given level of financing from the other entity. Then we use an original dataset to look at the variation in counterpart commitments across a sample of 1,565 World Bank investment projects from the 2000s. The data reveal a continuum of financing arrangements, including a significant number of World Bank projects that are clearly country-driven projects in which the Bank was invited to play only a minor financing role. Well-governed countries, in particular, enter into agreements where they finance a greater amount of the project. We also observe a shift in the relevant predictors of counterpart commitments following a 2004 policy change at the World Bank. Since World Bank staff gained more flexibility in setting the required level of counterpart funding for a given project, wealthier countries and countries that have borrowed more from the World Bank have contributed more project funds, while democratic countries have contributed less. Geostrategic relationships between World Bank principals and borrowing countries seem to have little influence on counterpart commitments.

EU’s Regional Strategy, the Challenges Ahead

by irene caratelli

2006 “EU’s Regional Strategy, the Challenges Ahead”, The International Trade Journal, Vol. 20, No. 2 , pp. 139-184 (with P. Guerrieri).

Democratic Ethics and UN Reform

by Raffaele Marchetti

2009. Democratic Ethics and United Nations Reform, in A. Franceschet (ed.) The Ethics of Global Governance, Boulder, CO: Lynne Rienner, 51-66 (with D. Archibugi)

Mapping Alternative Models of Global Politics

by Raffaele Marchetti

2009. International Studies Review, 11, 1: 133-56

Global Governance or World Federalism? A Cosmopolitan Dispute on Institutional Models

by Raffaele Marchetti

2006. Global Society. Journal of Interdisciplinary International Relations, 20, 3: 287-305

Global Democracy

by Raffaele Marchetti

2010. in R.Denemark (ed.) ISA Compendium Project-Section on International Ethics, New York: Blackwell, 3007-3023

In search of a solution for Syria: the risky safe haven

by Jelena Petrovic

Op-ed, co-authored with Sophie Roborgh, published in Aspenia Online, Aspen Institute Italy

Every failing step in the diplomatic process of convincing Assad to lay down arms and agree to a regime transition has... more Every failing step in the diplomatic process of convincing Assad to lay down arms and agree to a regime transition has brought more attention to the option of creating a so-called ‘safe haven’ in Syria. However, this debate suffers from ambiguity. Concepts of a ‘safe haven’ range from a humanitarian zone – with or without consent of the Syrian regime, aimed at humanitarian relief and protection of civilians – to the creation of a Syrian ‘Benghazi’, a springboard for the Free Syrian Army (FSA) and others to intensify armed struggle, often envisaged in the northern Idlib area.

The debate on policy options focuses mostly on conditions for the presence of multinational troops. Meanwhile, a number of other issues hampering the creation of any kind of safe haven are neglected.

The Effect of Leaked Information on the Rules of International Law

by William Worster

International law, and international lawyers generally, tend to take a somewhat conservative approach to the formation... more International law, and international lawyers generally, tend to take a somewhat conservative approach to the formation of rules, so when confronted with the growing availability of leaked information naturally we might be cautious in considering how the leaks are affecting international law. This paper will assess the growing influence of leaked information on the rules of international law and argue in favor of their use. This paper is not especially focused on WikiLeaks, though it is representative of the phenomenon and is the source used primarily for this paper. Due to the presence of it and similar actors, the availability of leaked information is growing and leaked information is now becoming significant in international affairs.

This paper will walk through the various sources of law, generally following the structure of article 38(1) of the Statute of the International Court of Justice, although with some additions as may be relevant, and examine each source to see whether and how leaked information might contribute. As threshold matters, ex turpi causa non oritur actio, “the fruit of the poisonous tree”, and similar principles are examined, however, those principles can be dismissed for a number of reasons.

The first source of law to be discussed is treaties for two purposes. Firstly, the paper assesses the definition of a treaty and considers whether leaked information might amount to a secret treaty, and secondly, it assesses the evidentiary function of leaked information in interpreting treaties.

After treaties, the paper considers the ways in which leaked information might contribute to the formation of customary international law, primarily the ways in which leaked information might evidence practice and opinio juris.

Lastly, the author also considers the potential for leaked information to contain binding unilateral statements and the role that leaked information might play in the law-making function of international organizations.

Following the examination of the sources of law, the paper takes a brief detour to examine the ways in which leaked information might impact the international legal personality some entities enjoy. Leaked information might have a bearing on both the law to be applied and the facts to be established. In particular, the Holy See and Kosovo will be discussed.

We appear to be moving into an era of increased access and transparency of information, and inability to prevent the viral spread of leaks. Law, and international law in particular, must take cognizance of this change and absorb it. It is possible, although the growth in leaked information might have a greater effect in the future. It might even inspire changes in some of the more fundamental notions that underpin the law.

Human Rights: Effectiveness of International and Regional Mechanisms

by Par Engstrom

Chapter in Robert A. Denemark (ed.), The International Studies Encyclopedia, Oxford: Blackwell Publishing (2010)

This chapter examines the study of human rights regimes in the field of International Relations (IR). In particular,... more This chapter examines the study of human rights regimes in the field of International Relations (IR). In particular, it explores the links between theories of regimes (how are the origins, development and effects of regimes on politics explained?) on the one hand, and the evolving norms and practices of human rights embedded within the institutions of international and global society on the other. Despite the ubiquitous institutional presence of human rights in world politics, the subject of human rights regimes remains somewhat elusive. The first section therefore seeks to give a general overview of how the study of human rights regimes has developed at the interface between IR and international law with a view to outlining the subject of research; to survey the main approaches adopted; to give a sense of why regimes matter and to what extent they could be understood to be ‘effective’. In particular, the implications of the analytical shift from the inter-state dynamics of international society to its transnational dimensions for the study of human rights regimes are outlined. Building on this last point, the second section explores the ways in which the norms and practices of global human rights institutions have evolved since the Second World War and into the age of globalisation. The focus here is on the institutionalization of human rights globally through the United Nations system and the connections between the development over time of international human rights institutions on the one hand and their relative effectiveness in shaping human rights behaviour on the other. Against this global background, the third section examines the comparative development of regional human rights regimes. Particular emphasis is put on the role and influence of regionalism in shaping the development and impact of international human rights law and policy.