Jan Klabbers
I
There is something of a debate issue on about international
organizations, with many people (politicians as hearty as academics)
planning mechanisms to curtail the activities of international
organizations. And small wonder, with UN peacekeepers creation
routinely accuse of involvement in sexual abuse and other(a)
violations of human rights; with the warrantor Council being
regarded as the vehicle for US grudges; with the World Bank and
the IMF being seen to somehow affect human rights; with the WTO
being viewed as the handmaid of global capitalism, and with
the EUs reluctance to take human rights and democracy really
seriously.
many of these attempts to curtail the activities of
international organizations take the form of insisting, along
models developed inside states, on some kind of formal limits:
where organizations exercise governmental tasks, their
activities, just like those of governments under the Rule of
Law, ought to be sphere to standards. Those standards may be
internal to the organization (limits to their mandates), or
external (they are expect to adhere to international law and
human rights standards), and are oft summarized under the
heading of constitutionalism.
There is, quite obviously, much of economic value in this
constitutionalism debate, but on occasion it would seem to miss
the point. It is non just the case that constitutionalism involves,
eventually, a set of paradoxes that undermine it in a fundamental
way; it is also the case that constitutionalism may closedown up
throwing out the baby with the bathwater, for it works, as so
much of the law on international organizations does, on a flat,
one-dimensional picture of organizations. It presupposes, in
other words, that on that point is but a single concept of international
organization, and aims its arrows at that concept. But in doing
so it misses part of the picture: there is a second concept of
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