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This concluding chapter reflects on the volume’s contributions to how we see, think, and do international organisations. The editors of this volume draw a sharp distinction between doing international organisations law and thinking about international organisations, and propose that the discipline must ‘start seeing international organisations differently’. Yet the sequence could just as easily be reversed: what one sees will inevitably be shaped by what one thinks, how one imagines the world, what one expects to see. This chapter begins with ‘ways of doing’ scholarship on international organisations – crudely divided into ‘deconstructivist’ and ‘(re)constructivist’ approaches – and proceeds to reflect on the diverse ways of seeing and thinking suggested by the preceding chapters, before making some tentative suggestions about possible ways forward.
When Roberto Dañino, former World Bank General Counsel, arrived in the institution, he found a department perceived to be at the verge of ‘marginalization’ – a dire state he diagnosed and soon attributed to the rigid ‘culture’ of legal practice. In tracing Dañino’s efforts to ‘make the department relevant again’, we get a glimpse of the situated, material, embodied institutional life of international law: the changes Dañino instilled were not manifested in formal legal sources but in the introduction of new cultural codes, professional prototypes (the ‘how to’ lawyer) and technical routines of risk management. In the domain of international institutional law – often oriented towards abstraction, comparison, or aspiration – such prosaic legal practices tend to be underplayed. This chapter signals two productive entry points for a turn to practice: (i) a focus on the shared and contingent criteria of competence – the ‘social grammar’ – that mark professional postures and performances, and (ii) a heightened attention for the practices of relationality, translation, and materiality through which law is composed – the string of ‘people and things’ that it assembles. This methodological orientation to professional scripts and material routines also offers a perspective on ‘critique’ that differs from familiar structuralist modes of analysis and intervention.
This chapter addresses the role of, and prospects for, interdisciplinary scholarship in the law of international organisations. It argues that collaboration between scholars only works when those scholars share similar intuitions and sensibilities, and more generally adopts a broad approach: scholarship in the law of international organisations is at its best when informed by insights from a wide variety of academic disciplines. Yet (and this is often a problem) it should remain recognisably legal scholarship, if only because political and economic developments inevitably are channelled through law and legal procedure. Inter-disciplinarity means more than bowing to insights from International Relations scholarship, and should be driven by curiosity rather than theory or method.
This chapter assesses the contribution of the ICJ to the law of international organisations. It emphasises the limited role of the Court in this field, setting out the multiple reasons for this: parts of the law were developed before the Court commenced its work; and the Court has only had intermittent opportunities to consider it through its cases. The author argues that the Court’s approach reflects a more general ambivalence of classic international law when it comes to international institutions: that it emphasises the centrality of States in the international legal system, notwithstanding the steps that have been taken by States to institutionalise significant areas of international law.
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