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

AGENDA

 

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

Opening Session
9 – 9.10 a.m.

Christian Bovet (Professor and Dean, Faculty of Law, University of Geneva)

Panel One
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?
• Yves Renouf (WTO), When legal certainty matters less than a deal: Procurement in International Organizations

Commentators: Ruth Khalastchi (GAVI Alliance), Richard B. Stewart (NYU Law School)

Coffee Break (10.50 – 11.15 a.m.)

Panel Two
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)
• Joost Pauwelyn (Graduate Institute), The formation process of WTO (soft) norms
• 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

Panel Three
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 Petrović (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.)

Panel Four
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 Petrović (ILO), Yves Renouf (WTO), Bernard Eelco Szabo (The Global Fund)

Topics:

• 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.

Panel Five
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
• Ulrich Garms (OHCHR), Strengthening the administration of justice as part of a UN peace-keeping operation? An experience from Southern Sudan
• 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)