Strengthening the Legal Framework of the OSCESymposium

OSCE: Do we really need an international legal personality and why?

As part of this symposium, the Völkerrechtsblog has published excellent contributions of Christian Tomuschat, Cedric Ryngaert and Isabelle Ley. All the three distinguished authors have looked at the multifaceted problem of legal formalization of the OSCE from various angles andhave provided rather helpful reflections on the current state of affairs. This contribution deals with the issue in a broader political context.

READ MORE →

By OSCE Special Monitoring Mission to Ukraine [CC BY 2.0 (http://creativecommons.org/licenses/by/2.0)], via Wikimedia Commons
Strengthening the Legal Framework of the OSCESymposium

Legal personality for the OSCE?

Some observations at the occasion of the recent conference on the legal status of the OSCE

Should the OSCE finally be endowed with legal personality? I have a hard time positioning myself in the debate. Obviously, I understand the argument – brought forward at the conference on the legal framework of the OSCE mostly by practitioners working at the organization, but also by Niels Blokker (see the introductory post), – that legal personality would make work at the organization much easier. It is quite apparent that …

READ MORE →

By OSCE Special Monitoring Mission to Ukraine [CC BY 2.0 (http://creativecommons.org/licenses/by/2.0)], via Wikimedia Commons
Strengthening the Legal Framework of the OSCESymposium

Basing the Legal Status of the OSCE on Participating States’ Duty of Loyalty

The dispatching of the OSCE Special Monitoring Mission (SMM) to Ukraine in 2014 has (again) brought to the fore the importance of appropriate legal status for the OSCE and its staff (see also the contribution of Christian Tomuschat). While before the Ukraine crisis the OSCE may have laid relatively dormant, the events in Ukraine allowed the organization to reclaim its position as a pan-European security forum. However, in the absence …

READ MORE →

By OSCE Special Monitoring Mission to Ukraine [CC BY 2.0 (http://creativecommons.org/licenses/by/2.0)], via Wikimedia Commons
Strengthening the Legal Framework of the OSCESymposium

Legalization of the OSCE?

Since its inception, the Organization for Security and Co-operation in Europe (OSCE), originally born as Conference for Security and Co-operation in Europe (CSCE), was kept apart from the realm of international law proper. In a famous passage of the 1975 Final Act of Helsinki, the Participating States specified that the instrument they had adopted was “not eligible for registration under Article 102 of the Charter of the United Nations”. This …

READ MORE →

By OSCE Special Monitoring Mission to Ukraine [CC BY 2.0 (http://creativecommons.org/licenses/by/2.0)], via Wikimedia Commons
Strengthening the Legal Framework of the OSCESymposium

Between Aspirations and Realities

The legal framework of the OSCE in the focus

The deployment of the OSCE Special Monitoring Mission (SMM) in the wake of the Ukraine crisis illustrated once more the difficulties related to the legal status of the Organization for Security and Cooperation in Europe (OSCE). Despite its name, the OSCE is not an international organization in the public international law sense and lacks international legal personality. One of the main consequences in practice is that OSCE personnel sent abroad …

READ MORE →