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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.
In the first historical account of international NGOs, from the French Revolution to the present, Thomas Davies places the contemporary debate on transnational civil society in context. In contrast to the conventional wisdom, which sees transnational civil society as a recent development taking place along a linear trajectory, he explores the long history of international NGOs in terms of a cyclical process characterized by three major waves: the era to 1914, the inter-war years, and the period since the Second World War. The breadth of transnational civil society activities explored is unprecedented in its diversity, from business associations to humanitarian organizations, peace groups to socialist movements, feminist organizations to pan-nationalist groups. The geographical scope covered is also extensive, and the analysis is richly supported with reference to a diverse array of previously unexplored sources. By revealing the role of civil society rather than governmental actors in the major trans- formations of the past two-and-a-half centuries, this book is for anyone interested in obtaining a new perspective on world history. The analysis concludes in the second decade of the twenty-first century, providing insights into the trajectory of transnational civil society in the post-9/11 and post-financial crisis eras.
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).
Why are non-state actors sometimes granted participation rights in international organizations? This book argues that IOs, and the states that compose them, systematically pursue their interests when granting participation rights to NSAs. This book demonstrates that NSAs have long been participants in global governance institutions, and that states and bureaucracies have not always resisted their inclusion. At the same time, this study encourages skepticism of the assumption that increasing participation should be expected with the passage of time. The result is a study that challenges some commonly held assumptions about the interests of IOs and states, while providing an interesting comparison of secretariat and state interests with regard to one particular aspect of IO institutional rule and practice: the participation of non-state actors. Addressing the regular assumption that the power of states and the efficacy of multilateral governance have simply wilted in the heat of globalization while NSAs have flourished, this work features analysis of key institutions such as UNCEF, UNDP and the Environment Programme. It will be of great interest to students and scholars of international relations, the United Nations, and NGOs.