The Legal Framework of the OSCE

Erscheinungsjahr 2019
ISBN: 978-1-108-48385-8
Verlag: Cambridge University Press

Buch, Englisch, 400 Seiten, Format (B × H): 157 mm x 235 mm, Gewicht: 720 g

The Organization for Security and Cooperation in Europe (OSCE), the world's largest regional security organisation, possesses most of the attributes traditionally ascribed to an international organisation, but lacks a constitutive treaty and an established international legal personality. Moreover, OSCE decisions are considered mere political commitments and thus not legally binding. As such, it seems to correspond to the general zeitgeist, in which new, less formal actors and forms of international cooperation gain prominence, while traditional actors and instruments of international law are in stagnation. However, an increasing number of voices - including the OSCE participating states - have been advocating for more formal and autonomous OSCE institutional structures, for international legal personality, or even for the adoption of a constitutive treaty. The book analyses why and how these demands have emerged, critically analyses the reform proposals and provides new arguments for revisiting the OSCE legal framework.

Autoren/Hrsg.

Steinbrück Platise, Mateja

Moser, Carolyn

Peters, Anne

Fachgebiete

• Sozialwissenschaften Politikwissenschaft Internationale Beziehungen
• Rechtswissenschaften Wirtschaftsrecht Medienrecht Telekommunikationsrecht, IT-Recht, Internetrecht
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Öffentliches Recht, Völkerrecht, Internationale Organisationen

Inhaltsverzeichnis

Part I. Introduction: 1. Legal uncertainty and indeterminacy – immutable characteristics of the OSCE? Carolyn Moser and Anne Peters; Part II. The Quest for International Legal Personality: 2. Political dynamics and institutional reforms in the OSCE Christian Nünlist and Petri Hakkarainen; 3. The role of the organisation in asserting legal personality: the position of the OSCE secretariat on the OSCE legal status Lisa Tabassi; 4. Legal personality of the OSCE – past developments, status quo and future ambitions Helmut Tichy; 5. 'It's politics, stupid': an international relations perspective on strengthening the legal framework of the OSCE Tanja A. Börzel and Ingo Peters; 6. Domestic implications of the OSCE's legal personality under Russian constitutional law Gleb Bogush; Part III. Manifestations of the Legal Position under International Law: 7. Revisiting questions of organisationhood, legal personality and membership in the OSCE: the interplay between law, politics and practice Niels M. Blokker and Ramses A. Wessel; 8. The OSCE's domestic legal status: an exploration of relevant international law sources Cedric Ryngaert; 9. Privileges and immunities of the organization for security and co-operation in Europe (OSCE) Isabelle Pingel; 10. The external relations of the OSCE Laurence Boisson de Chazournes and Andrzej Gadkowski; 11. The international responsibility of the OSCE Lorenzo Gasbarri; Part IV. The Legal and Institutional Framework as a Governance Issue: 12. The OSCE as a case of informal international lawmaking? Olivia Herman and Jan Wouters: 13. Conceptualising accountability in the legal and institutional framework of the OSCE Carolyn Moser; 14. Legitimate governance as a privilege and price for the autonomy of international organisations Mateja Steinbrück Platise; Part V. Conclusions: 15. Transformation of the OSCE legal status Mateja Steinbrück Platise and Anne Peters.

Über Autor(innen)

Peters, Anne
Anne Peters is Director at the Max Planck Institute for Comparative Public Law and International Law Heidelberg, a professor at Heidelberg, Freie Universität Berlin, and Basel, and a William C. Cook Global Law Professor at the University of Michigan. She has been a member of the European Commission for Democracy through Law (Venice Commission) in respect of Germany (2011–2015) and served as the President of the European Society of International Law (2010–2012). Her current research interests relate to public international law including its history, global animal law, global governance and global constitutionalism.

Moser, Carolyn
Carolyn Moser is Senior Research Fellow at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg. In her previous position at the Basel Institute on Governance, she worked as a consultant on anti-corruption and rule of law projects in Asia, Europe, and North Africa inter alia for the World Bank, the European Parliament, the OSCE, and national development agencies. She studied law and political science at Institut d'Études Politiques de Paris, and The Fletcher School of Law and Diplomacy, Tufts University, and holds a Ph.D. from Universiteit Utrecht. Her research interests relate to public governance and accountability as well as to foreign and security policy in Europe.

Steinbrück Platise, Mateja
Mateja Steinbrück Platise is Senior Research Fellow at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg. She is also Lecturer at the Universität Heidelberg and Johann Wolfgang Goethe-Universität Frankfurt. Previously, she worked as Legal Officer at the European Court of Human Rights, Lecturer at the Université de Lille, Universität Hamburg and Univerza v Ljubljani, and as research assistant at the European Studies Centre of the University of Oxford. She has published on international institutional law, human rights law and international dispute settlement, and has been awarded Marie Curie Fellowship for her project on Responsibility of International Organisations for Human Rights Violations.