Jed Odermatt

Are All International Organizations Created Equal

This contribution briefly discusses the methodological and conceptual issues faced by the ILC during its work on the responsibility of international organizations. It examines some of the key challenges faced by the ILC, including the lack of relevant international practice, and the diversity of international organizations. It argues that while the responsibility of international organizations remains an important topic for international law, the law is not yet developed enough for codification of secondary rules to apply to all international organizations. In some cases, this led the ILC to rely heavily on its Articles of States Responsibility. This approach pushed the work of the ILC closer to ‘progressive development’ of the law than to codification.

The development of customary international law by International Organizations.

In his Fourth Report on the Identification of Customary International Law (2016), Special Rapporteur Sir Michael Wood confirmed that ‘[i]n certain cases, the practice of international organizations also contributes to the expression, or creation, of rules of customary international law’. That the practice of international organizations can be relevant when identifying customary international law is relatively uncontroversial. The issue that is more debated is the extent to which the practice of international organizations as such may contribute to the development of customary international law. Using examples from the European Unions treaty practice and from the Court of Justice of the European Union, this article argues that international organizations may contribute to such practice, not only by representing the collective will of States, but as autonomous actors in their own right.

The EU in the World of International Organizations: Diplomatic Aspirations, Legal Hurdles and Political Realities

The Lisbon Treaty emphasizes the European Union’s (EU) commitment to multilateralism. A key part of this is the EU’s engagement with and participation in international organizations (IOs). While the EU has clear ambitions to take part and play a leading role in IOs, it faces significant obstacles in making this a reality. This paper begins by outlining the status the EU currently enjoys in IOs, ranging from full member to observer or no status at all. It then examines some of the legal and political issues the EU faces when seeking to join or upgrade its status in an IO. Issues such as representation in areas of shared competence and the difficulties arising from parallel membership in an IO are discussed. It then examines how the EU goes about choosing which IOs to seek closer co-operation with, discussing its efforts to improve its representation in three IOs: the Arctic Council, the International Maritime Organization and the International Atomic Energy Agency. It is submitted that the EU’s involvement in IOs is as much a legal issue as it is a political and diplomatic one. Upgrading the EU’s status in IOs requires more than legal changes; it requires careful diplomacy to ensure that the EU’s international status lives up to its external aspirations.