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NGOs in International Law
Efficiency in Flexibility?1259
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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).
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'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
Edited by Pierre-Marie Dupuy, Emeritus Professor, University of Paris (Pantheon-Assas), Paris, France and Honorary Professor of International Law, Graduate Institute of International and Development Studies, Geneva, Switzerland and Luisa Vierucci, Researcher, University of Florence, Italy
Contents: Introduction: A Normative or Pragmatic Definition of NGOs? Christine Bakker and Luisa Vierucci PART I: NGOs AND INTERGOVERNMENTAL ORGANIZATIONS 1. Beyond Consultative Status: Which Legal Framework for an Enhanced Interaction between NGOs and Intergovernmental Organizations? Emanuele Rebasti 2. Domesticating Civil Society at the United Nations Olivier de Frouville 3. NGOs and the Development Policy of the European Union Valentina Bettin 4. Controversial Developments in the Field of Public Participation in the International Environmental Law Process Attila Tanzi PART II: NGOs, INTERNATIONAL COURTS AND COMPLIANCE REVIEW MECHANISMS 5. NGOs Before International Courts and Tribunals Luisa Vierucci 6. The Legal Status of NGOs in Environmental Non-compliance Procedures: An Assessment of Law and Practice Cesare Pitea Conclusion: Return on the Legal Status of NGOs and on the Methodological Problems which Arise for Legal Scholarship Pierre-Marie Dupuy Appendix 1: Questionnaire on the Legal Status of NGOs in International Law Appendix 2: Selected Documents Relating to Recent Developments Relevant to NGOs' Status Under International Law Bibliography Index