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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.
Originally presented as the author's thesis (doctoral)--University of Leuven, 2009.
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.
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 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.
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.
Exploring contemporary juridical theories regarding the normative position of INGOs vis-à-vis the subjects of international law, this book engages in a thorough contextual-historical and interdisciplinary evaluation of the potential to generate solutions for the exercise of unregulated authority outside the state-system.
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.
Non-governmental organizations (NGOs) from Amnesty International and Oxfam to Greenpeace and Save the Children are now key players in global politics. This accessible and informative textbook provides a comprehensive overview of the significant role and increasing participation of NGOs in world politics. Peter Willetts examines the variety of different NGOs, their structure, membership and activities, and their complex relationship with social movements and civil society. He makes us aware that there are many more NGOs exercising influence in the United Nations system than the few famous ones. Conventional thinking is challenged in a radical manner on four questions: the extent of the engagement of NGOs in global policy- making; the status of NGOs within international law; the role of NGOs as crucial pioneers in the creation of the Internet; and the need to integrate NGOs within mainstream international relations theory. This is the definitive guide to this crucial area within international politics and should be required reading for students, NGO activists, and policy-makers.