The EU's Accession to the European Convention on Human Rights: An International Law Perspective

Article 6(2) of the Treaty on European Union establishes that the Union “shall accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms.” In early 2013, negotiators of the 47 Council of Europe member states and the European Union finalised a draft Accession Agreement that would allow the EU to accede to the Convention. In this article I examine the issues and challenges that EU accession poses from an international law perspective. Much of the literature on the EU accession has focused on the effect that this process will have on the EU legal order, including questions regarding its autonomy. Yet EU accession also raises important issues for international law. It is another example of an international organization taking part in a legal system designed exclusively for participation by state parties. To what extent should the EU participate on an equal footing with the other contracting parties, and when are special rules required to take into account the nature of the EU legal order? The article explores the broader issues that arise when the EU seeks to participate in its own right in the international legal order. It is submitted that the EU’s accession to the ECHR is not only an important step for the EU legal order, but also a highly significant development for public international law

Individual Leadership in Guiding Change in Global Governance Institutions: Theory and Practice

It is increasingly accepted that in order for international organizations to address fully the panoply of threats and concerns at the international level the current structure of global governance, particularly the design of major international institutions, requires some level of reform. In different fields and at different levels, this reform has been discussed and debated, but has mostly stalled. Increasingly, it is the executive heads of an organization that are called upon to show stronger leadership during times of crisis and change. No longer viewed as merely managers or administrative posts, the leadership shown byexecutive heads of international organizations is now strongly linked with the effectiveness of these organizations. This working paper seeks to understand the role of leaders in driving, and responding to, change in international organizations. What does leadership, a term often used in relation to national politics, mean in the context of an international organization? How do leaders drive change within these bodies, and how do they effectively respond to external and internal challenges and threats? This paper argues that individual leaders, particularly during times of crisis, can play an important role in guiding change and reform. The first part discusses the concept of leadership in the context of international organizations, and discusses some of the ways in which executive heads can pursue change and reform in their organization. The second part turns to the specific example of the UN Secretary General, an executive head who, despite having a relatively minor role on paper, in some cases has been able to implement meaningful change in the organization. The paper argues that executive heads can and should show greater political leadership in reforming organizations and improving their effectiveness

Multilateralism under Strain: The Challenges of the European Union’s Engagement With International Institutions

Multilateralism is under strain. The election of US President Donald Trump has brought about a new challenge to the rules based international order. The EU, itself a form of multilateral cooperation, also faces internal challenges, including the migration crisis, terrorism, growing populism, and disrespect for the rule of law. This working paper discusses how the EU can respond to such internal and external challenges when engaging with multilateral institutions. At a time when multilateralism is increasingly challenged, the EU requires a clear strategy that links its general support for multilateralism with specific international objectives

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 Union's 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