Current Developments

Vereint gegen den Terror?

Die Anwendung der europäischen Bündnisklausel nach den Pariser Anschlägen

Der 13. November 2015 begann in Paris wie ein ganz normaler Tag und endete in Blut und Schrecken: sechs Anschläge erschüttern die französische Hauptstadt, 130 Menschen verloren ihr Leben, über 350 wurden zum Teil schwer verletzt.  Die Terrororganisation „Islamischer Staat“ bekannte sich zu den Anschlägen und Europa war angesichts des islamistischen Terrors einmal mehr fassungslos. Stand Frankreich auf dem Kontinent dieser Gefahr alleine gegenüber? Nein, sagte der französische Präsident Hollande …

READ MORE →

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 →

Photo by UNMEER/Martine Perret. 15 December 2014
International Health GovernanceSymposium

Infectious Diseases as a New Threat to International Peace and Security

The Security Council and the Securitization of Health

The last quarter of century registered the resurgence of infectious diseases, that the medical community deemed to have defeated with the global vaccination campaign. Global health challenges, represented by pandemics such as HIV/AIDS, SARS, Ebola and Zika, arisen in developing countries, whose spread in developed countries has been facilitated by the process of globalization, determined the emersion of a global/collective interest to the protection of health. The global health governance …

READ MORE →

Rule of Law Goes GlobalSymposium

Does the African Union truly defy the United Nations peace and security regime?

A response to Theresa Reinold In her recent post, Theresa Reinold critically examines the efforts by the African Union to further democracy on the African continent. She pertinently notes that these efforts suffer from an incumbency bias, favoring already established regimes over potential political change, especially in states where no open democratic culture exists. I find her argument by and large convincing and would like to focus on one specific aspect: …

READ MORE →