The International Responsibility of NATO and Its Personnel during Military Operations

Book review: Nauta, David: The International Responsibility of NATO and Its Personnel during Military Operations. Leiden: Martinus Nijhoff, 2018, 194 pp, ISBN 9789004354616Non peer reviewe

Participation of International Organizations in UN Treaties

This chapter addresses some of the complexities of having regional economic integration organizations (above all the European Union) participate in treaty-making under UN auspices. Discussing conceptual matters such as how participation can take place (as full member, as observer, or anything in-between), it delves into some of the relevant legal issues on both sides of the equation: on the part of the regional economic integration organization as well as on the part of the UN and specialized agencies, devoting some attention to the solutions agreed upon within the framework of the Food and Agricultural Organization when it admitted the EU as a member in its own right. These include the delegation and distribution of treaty-making powers, negotiating mandates, and the like, as well as some practical matters. The discussion is situated against a backdrop of functionalist theorizing about the law of international organizations.Peer reviewe

Schermers' Dilemma

This article, part of the symposium on ‘theorizing international organizations law’, discusses the work (and a little of the life and in uence) of Henry G. (Hein) Schermers, arguably the leading functionalist international organizations lawyer of the post-war era. The article discusses how Schermers’ work solidi ed and consolidated functionalism and unwittingly laid bare its ‘Achilles heel’. Confronted with the growing popularity of human rights and keenly devoted to human rights, Schermers faced a dilemma when the possible responsibility of international organizations for human rights violations came up – a dilemma his function- alism was unable to solve. Therewith, zooming in on Schermers’ handling of the dilemma con rms that functionalist international organizations law is unable to address the respon- sibility of international organizations towards third parties. International organizations law will need to nd different theoretical resources in order to come to terms with responsibility.Peer reviewe

Principled Pragmatist? : Bert Röling and the Emergence of International Criminal Law

Peer reviewe

Constitutionalism as Theory

Peer reviewe

The Love of Crisis

This contribution takes issue with the very idea of crisis narratives, and suggests that such narratives are inevitable parts of our political culture. International law can always be said to be in crisis – which says something about international lawyers as well. If there currently is a crisis, it is a crisis of liberal democracy, not of international law. International law is perfectly capable of propping up all sorts of projects, whether benign or malign.Peer reviewe

Dystopian Legalities : A Reply to Nico Krisch

As its title indicates, this is a reply of sorts to recent work by Nico Krisch, published in this issue. The notion of entangled legalities, I argue, shows considerable analytical promise, much like the notion of inter-legality as developed by my colleague Gianluigi Palombella and myself a few years ago. Both may help us understand how large chunks of contemporary law works. Where Krisch's approach departs from ours is in his background assumptions and his chosen actorial perspective: his interest resides mainly with the regulator. In this reply, I zoom in on some of the consequences this may have.Non peer reviewe

Bureaucrats in the Classroom? : Epistemic Governance and the Expert Legal Scholar

Peer reviewe

Governance by Academics : The Invention of Memoranda of Understanding

Peer reviewe