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)