PRACTICAL LEGAL PROBLEMS OF INTERNATIONAL ORGANIZATIONS
A Global Administrative Law Perspective on Public/Private Partnerships, Accountability, and Human Rights
GENEVA, March 20-21, 2009
Faculty of Law – University of Geneva (Room 1170) – 40, Boulevard du Pont-d’Arve 1211 Genève 4
IILJ Framing Paper
Benedict Kingsbury and Lorenzo Casini, Framing a legal structure for contemporary operational issues confronting Intergovernmental Organizations: A global administrative law approach to five sets of problems in the work of IOs
Friday, March 20th
9 – 9.10 a.m.
Christian Bovet (Professor and Dean, Faculty of Law, University of Geneva)
Public/Private Partnerships Involving IOs
9.10 a.m. – 10.50 a.m.
Chair: Sabino Cassese (Judge of the Italian Constitutional Court)
Papers and Case Studies
Gian Luca Burci (WHO) Public/private partnership in the public health sector
Lorenzo Casini (NYU Law School/University of Rome-La Sapienza) Hybrid public-private bodies: The World Anti-Doping Agency (WADA)
Mona Khalil (IAEA) The IAEA’s legal framework for Public and Private Partnerships
Franz Xaver Perrez (Bern University) Public Private Partnerships: a tool to evade or to live-up to commitment?
Commentators: Ruth Khalastchi (GAVI Alliance) Richard B. Stewart (NYU Law School)
Coffee Break (10.50 – 11.15 a.m.)
Legal Process, Participation, and Mandate Issues in IO Activities
11.15 a.m. – 1 p.m.
Chair: Anne Trebilcock (University of Paris X-Nanterre)
Papers and Case Studies:
Rutsel S.J. Martha (IFAD) Mandate issues in the activities of the International Fund for Agricultural Development (IFAD)
Wolfram Tonhauser (IAEA) IAEA Technical standards setting
Simonetta Zarrilli (UNCTAD) Making certification work for sustainable development: The case of Biofuels
Commentators: Jan Klabbers (University of Helsinki) Gabrielle Marceau (WTO/University of Geneva) Jochen von Bernstorff (MPIL Heidelberg)
Lunch Buffet (1 – 2 p.m.) served on the 3rd floor of the Faculty Building
Accountability and Immunity in IOs
2 – 3.50 p.m.
Chair: Richard B. Stewart (NYU Law School)
Papers and Case Studies:
Davinia Abdul Aziz (NYU Law School) Privileges and immunities of global public-private partnerships: a case study of the Global Fund to Fight AIDS, Tuberculosis and Malaria
Edouard Fromageau (University of Geneva) Assistance in administrative matters between International Organizations and States: Towards a clearer legal framework
Drazen Petrovi? (ILO) Privileges and immunities of UN Specialized Agencies in field activity
Paul-Henry Ravier (French “Cour des Comptes”; Former WTO DDG) The evaluation of technical assistance to developing countries under the aegis of IOs: the case of WTO
Anne Trebilcock (University of Paris X-Nanterre) Challenges posed by the UN Convention on Corruption for international organizations
Volker Türk and Elizabeth Eyster (UNHCR) Strengthening UNHCR’s System of accountability
Commentators: Vera Gowlland-Debbas (Graduate Institute) Edward Kwakwa (WIPO)
Coffee Break (3.50 – 4.15 p.m.)
International Organizations Lawyers Round Table
4.15 – 6.15 p.m.
Moderators: Laurence Boisson de Chazournes (University of Geneva) Benedict Kingsbury (NYU Law School)
Panelists: Georges Abi-Saab (Graduate Institute) Gian Luca Burci (WHO) Edward Kwakwa (WIPO) Rutsel S.J. Martha (IFAD) Nicolas Michel (University of Geneva/Graduate Institute) Tim Nielander (GAVI Alliance) Drazen Petrovi? (ILO) Yves Renouf (WTO) Bernard Eelco Szabo (The Global Fund)
the right to participation and its pathologies;
balancing between transparency, openness, and effectiveness;
the mechanisms for coordination and cooperation between IOs in legal matters;
the cases in which IOs act beyond their mandate;
the different problems raised by regulation and adjudication carried out by IOs;
matters relating to the liability and credibility of IOs and their field offices, and particularly the liability issues arising from production of non-treaty normative standards, norms and decisions, certifications, guidelines and recommendations.
Saturday, March 21st
Coffee available from 9 a.m.
Human Rights and Global Administrative Law in the Headquarters and Field Operations of IOs
9.30 a.m. – 1 p.m. (Coffee Break from 10.45 to 11.15 a.m.)
Chair: Simon Chesterman (NYU Law School)
Papers and Case Studies:
Bernd Burwitz (OSCE) and Francesco Moschetta (UN) The case of Kosovo
Richard Chambers (IFES) and Anne van Aaken (University of St. Gallen) Accountability of International Election Observers
Mark Cutts (OCHA) Overview of recent efforts to strengthen accountability in international responses to humanitarian crises
Alexander Marschik (Austrian Ministry for European and International Affairs) Arms Control in the field: practical problems of international and regional efforts
Ramesh Rajasingham (OCHA) Humanitarian protection field operation in the current context
Frederick Rawski (OHCHR) Engaging with armed groups: A human rights field perspective from Nepal
Commentators: Geneviève Bastid Burdeau (University of Paris I) Andrew Clapham (Graduate Institute) Ryan Goodman (Harvard University) Mona Rishmawi (OHCHR)