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The Legal Status of International Non-Governmental Organizations: Analysis of Past and Present Initiatives (1912-2012)

The Legal Status of International Non-Governmental Organizations: Analysis of Past and Present Initiatives (1912-2012)

by Rephael Harel Ben-Ari
The Legal Status of International Non-Governmental Organizations: Analysis of Past and Present Initiatives (1912-2012)

The Legal Status of International Non-Governmental Organizations: Analysis of Past and Present Initiatives (1912-2012)

by Rephael Harel Ben-Ari

Overview

The discourse regarding the legal status of international non-governmental organizations (INGOs) is not new; in fact, it has already progressed throughout the last 100 years. However, most of the proposals to grant official status to INGOs, or to otherwise regulate their cross-border activity, are relatively unknown to international lawyers. A perusal of these initiatives against their unique historical background will prove highly significant in dissecting the complexities involved in formulating a comprehensive scheme for the regulation of INGOs. Innovatively, this work outlines and evaluates the sequence of attempts to propose a formal status for INGOs. It demonstrates how this historical contextual analysis provides an invaluable perspective that is essential for the informed review of contemporary schemes and theoretical trends, relevant to the consideration of the status of INGOs. Unfortunately, most contemporary writers and activists who deal with the normative aspects of INGO activity neglect this crucial perspective.

Product Details

ISBN-13: 9789004254367
Publisher: Brill Academic Publishers, Inc.
Publication date: 08/08/2013
Series: Nijhoff Law Specials , #85
Pages: 210
Product dimensions: 6.10(w) x 9.30(h) x 0.50(d)

About the Author

Rephael H. Ben-Ari, PhD (2010), Bar-Ilan University; LL.M (Public International Law) (cum Laude), Leiden University; LL.B (cum Laude), Tel-Aviv University; Hauser Global Research Fellow & Neil MacCormick Fellow in Legal Theory (2011-2012), New York University School of Law; Adjunct Professor (Public International Law & International Criminal Law), Bar-Ilan University; has published The Normative Position of International Non-Governmental Organizations under International Law – An Analytical Framework (Martinus Nijhoff Publishers, 2012).

Table of Contents

Acknowledgements;Introduction;
Chapter One: Contextual Historical Analysis of Past Initiatives
1.1 An Optimistic Start: Quest for International Legal Personality
1.2 Uniform Universal Status: A Transnational World Vision
1.3 Selection, Registration, and Order: Political Reliability vs. Expertise
1.4 Gaining New Momentum: UN Consultative Status Arrangements
1.5 De Facto Legal Status: False Promise of Consultative Arrangements
1.6 Resemblance to IGOs: Quest for Functional Legitimacy
1.7 Disapproval of International Status: INGOs as National NGOs
1.8 International NGOs: a Socio-Political Non-Legal Phenomenon
1.9 Non-Governmental Non-Community: Whose Status?
1.10 The Turn to Regionalism: Pan-European Intellectual Environment
1.11 In Search of Political Support: Supranational Action
1.12 Intermediary Observations: Discrete Doctrinal Approaches
Chapter Two: New Initiatives and Developments
2.1 INGOs Accountability Charter 2006
2.2 Guidelines on International Human Rights Fact-Finding Visits and Reports (The 'Lund-London Guidelines') 2009 2.3 Reports of the Committee on Non-State Actors of the International Law Association (2008, 2010 & 2012)
Chapter Three: Evaluation of New Developments and Current Trends
3.1 Doctrinal Evolvement
3.2 Resemblance to IGOs
3.3 Tensions within the Non-Governmental Community
3.4 Authors of Initiatives
3.5 INGOs' Disinterest
3.6 European Focus
Chapter Four: Conclusions and Future Prospects
Appendices; Bibliography; Index.
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