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.
The discourse regarding the legal status of international non-governmental organizations (INGOs) is not new; in fact, it has already progressed throughout the last 100 years. However, most of the proposals to grant official status to INGOs, or to otherwise regulate their cross-border activity, are relatively unknown to international lawyers. A perusal of these initiatives against their unique historical background will prove highly significant in dissecting the complexities involved in formulating a comprehensive scheme for the regulation of INGOs. Innovatively, this work outlines and evaluates the sequence of attempts to propose a formal status for INGOs. It demonstrates how this historical contextual analysis provides an invaluable perspective that is essential for the informed review of contemporary schemes and theoretical trends, relevant to the consideration of the status of INGOs. Unfortunately, most contemporary writers and activists who deal with the normative aspects of INGO activity neglect this crucial perspective.
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.
This recommendation covers the creation, functioning and activities of non-governmental organisations (NCOs). it underlines their role in every democratic society and aims at strengthening the legal framework for civil society in Europe. The recommendation's basic principles, applicable to NGOs, mirror and build upon the interpretation of the guarantees of human rights and fundamental freedoms set out in the case law of the European Court of Human Rights. This text, which represents considerable progress in the promotion of the activities of NGOs, places an emphasis on their legal and fiscal framework. it deals in particular with NGOs' objectives and activities, their legal personality, their obligations and responsibilities as well as cases of public support. Aimed at lawmakers, national authorities And The NGOs themselves, The goal of the recommendation is to be incorporated into member states' legislation and practices.
The book comprehensively discusses legal and political issues of non-recognized entities in the context of international and European Law, combining perspectives of international and European law with those of the non-recognized entities themselves.
In December 2011, the United Nations General Assembly adopted the International Law Commission's articles on the responsibility of international organizations, bringing to conclusion not only nearly ten years of reflection by the Commission, governments and organizations on this specific topic, but also decades of study of the wider subject of international responsibility, which had initially focused on State responsibility. Parallel to this reflection by the Commission, diplomats and public officials, the body of international case-law and literature on the many facets of the topic has steadily been growing. Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie contributes to the body of international literature by collecting a broad spectrum of different and sometimes differing perspectives from well-known experts in the field, ranging from the bench to the Commission, academia, and the world of in-house counsel. The book is also a memorial to the renowned Sir Ian Brownlie, himself a former Chairman of the International Law Commission who, as a leading scholar and practitioner, greatly contributed to the reflection on international responsibility, including the responsibility of international organizations. Edited by Maurizio Ragazzi, a former pupil of Sir Ian, the book is an ideal companion to International Responsibility Today, a collection of essays on international responsibility which the same editor presented in 2005 in memory of Oscar Schachter, and to which Sir Ian Brownlie had contributed. The essays collected in Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie, conveniently grouped by the editor under broad areas for the reader's benefit, will be relevant not only to all those interested in this specific subject but also, more generally, to all those engaged in the field of international law and the law of international organizations.
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 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.
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.