Download the Full Version of textbook for Fast Typing at textbookfull.

com

TO REFORM THE WORLD : international organizations

and the making of modern states 1st Edition Fiti
Sinclair

https://textbookfull.com/product/to-reform-the-world-
international-organizations-and-the-making-of-modern-
states-1st-edition-fiti-sinclair/

OR CLICK BUTTON

DOWNLOAD NOW

Download More textbook Instantly Today - Get Yours Now at textbookfull.com

 Recommended digital products (PDF, EPUB, MOBI) that
you can download immediately if you are interested.

The United States in the World Economy: Making Sense of

Globalization Anthony Elson

https://textbookfull.com/product/the-united-states-in-the-world-
economy-making-sense-of-globalization-anthony-elson/

textboxfull.com

Conjuring Asia Magic Orientalism and the Making of the

Modern World 1st Edition Chris Goto-Jones

https://textbookfull.com/product/conjuring-asia-magic-orientalism-and-
the-making-of-the-modern-world-1st-edition-chris-goto-jones/

textboxfull.com

The Red Atlantic American Indigenes and the Making of the

Modern World 1000 1927 1st Edition Jace Weaver

https://textbookfull.com/product/the-red-atlantic-american-indigenes-
and-the-making-of-the-modern-world-1000-1927-1st-edition-jace-weaver/

textboxfull.com

The Great Invention The Story of GDP and the Making and
Unmaking of the Modern World Ehsan Masood

https://textbookfull.com/product/the-great-invention-the-story-of-gdp-
and-the-making-and-unmaking-of-the-modern-world-ehsan-masood/

textboxfull.com
International Development Organizations and Fragile
States: Law and Disorder 1st Edition Marie Von Engelhardt
(Auth.)
https://textbookfull.com/product/international-development-
organizations-and-fragile-states-law-and-disorder-1st-edition-marie-
von-engelhardt-auth/
textboxfull.com

The Actual and the Possible: Modality and Metaphysics in

Modern Philosophy Mark Sinclair (Ed.)

https://textbookfull.com/product/the-actual-and-the-possible-modality-
and-metaphysics-in-modern-philosophy-mark-sinclair-ed/

textboxfull.com

Foucault and the Modern International: Silences and

Legacies for the Study of World Politics 1st Edition
Philippe Bonditti
https://textbookfull.com/product/foucault-and-the-modern-
international-silences-and-legacies-for-the-study-of-world-
politics-1st-edition-philippe-bonditti/
textboxfull.com

Field notes the making of Middle East studies in the

United States 1st Edition Lockman

https://textbookfull.com/product/field-notes-the-making-of-middle-
east-studies-in-the-united-states-1st-edition-lockman/

textboxfull.com

The Making of a Modern Art World Institutionalisation and

Legitimisation of Guohua in Republican Shanghai Pedith Pui
Chan
https://textbookfull.com/product/the-making-of-a-modern-art-world-
institutionalisation-and-legitimisation-of-guohua-in-republican-
shanghai-pedith-pui-chan/
textboxfull.com
i

T H E H I S TO RY A N D T H E O RY
O F I N T E R N AT I O N A L L AW

To Reform the World

ii

T H E H I S TO RY A N D T H E O RY O F I N T E R N AT I O N A L L AW
General Editors
NEHAL BHUTA
Professor of Public International Law, European University Institute
ANTHONY PAGDEN
Distinguished Professor, University of California Los Angeles
BENJAMIN STRAUMANN
Alberico Gentili Senior Fellow, New York University School of Law

In the past few decades the understanding of the relationship between nations
has undergone a radical transformation. The role of the traditional nation-
state is diminishing, along with many of the traditional vocabularies which
were once used to describe what has been called, ever since Jeremy Bentham
coined the phrase in 1780, “international law.” The older boundaries between
states are growing ever more fluid; new conceptions and new languages have
emerged which are slowly coming to replace the image of a world of sovereign
independent nation states which has dominated the study of international
relations since the early nineteenth century. This redefinition of the international
arena demands a new understanding of classical and contemporary questions
in international and legal theory. It is the editors’ conviction that the best way
to achieve this is by bridging the traditional divide between international legal
theory, intellectual history, and legal and political history. The aim of the series,
therefore, is to provide a forum for historical studies, from classical antiquity to
the twenty-​first century, that are theoretically-informed and for philosophical
work that is historically conscious, in the hope that a new vision of the rapidly
evolving international world, its past, and its possible future may emerge.
iii

To Reform the World

International Organizations and the Making
of Modern States

GUY FITI SINCLAIR

1
iv

1
Great Clarendon Street, Oxford, OX2 6DP,
United Kingdom
Oxford University Press is a department of the University of Oxford.
It furthers the University’s objective of excellence in research, scholarship,
and education by publishing worldwide. Oxford is a registered trade mark of
Oxford University Press in the UK and in certain other countries
© Guy Fiti Sinclair 2017
The moral rights of the author‌have been asserted
First Edition published in 2017
Impression: 1
All rights reserved. No part of this publication may be reproduced, stored in
a retrieval system, or transmitted, in any form or by any means, without the
prior permission in writing of Oxford University Press, or as expressly permitted
by law, by licence or under terms agreed with the appropriate reprographics
rights organization. Enquiries concerning reproduction outside the scope of the
above should be sent to the Rights Department, Oxford University Press, at the
address above
You must not circulate this work in any other form
and you must impose this same condition on any acquirer
Crown copyright material is reproduced under Class Licence
Number C01P0000148 with the permission of OPSI
and the Queen’s Printer for Scotland
Published in the United States of America by Oxford University Press
198 Madison Avenue, New York, NY 10016, United States of America
British Library Cataloguing in Publication Data
Data available
Library of Congress Control Number: 2016960620
ISBN 978–​0–​19–​875796–​2
Printed and bound by
CPI Group (UK) Ltd, Croydon, CR0 4YY
Links to third party websites are provided by Oxford in good faith and
for information only. Oxford disclaims any responsibility for the materials
contained in any third party website referenced in this work.
v

Series Editors’ Preface

International organizations—​international legal persons created by treaties between

states to pursue specific purposes and functions—​have for almost 100 years been
associated with the possibility of “international government,” and all of the utopian
and dystopian associations that this term bears. Hailed as the solution to irrational
nationalist particularism and the means to international coordination and coopera-
tion to solve problems on a world-​scale, a much-​fretted about legal question has
been whether and when the entities have exceeded the powers intended by their
creators. In an era of globalization in which international organizations have come
(in some fields of action) to play extensive global governance functions, the legal
authority and legal accountability of such organizations has become all the more
pressing. However, the international legal debate about the nature, mandate and
regulation of international organizations—​and the pathways to the expansion of
their powers and activities—​has tended to revolve around doctrinal questions of
implied powers and subsequent practice.
In this timely and ambitious book, Dr. Guy Fiti Sinclair develops a richly con-
textualized study that places the development of the functions and powers of three
international organizations within the contemporary flux and movement of legal,
political, economic, and social thought that formed the essential intellectual con-
text for their evolving roles. Through his historical account of the development of
the programming of the International Labour Organization (ILO), of the United
Nations’ (UN) peacekeeping operations in Suez and the Congo, and of the World
Bank’s “turn to governance,” Sinclair’s book adopts a genealogical and socio-​legal
method, reconstructing in convincing and elegantly presented detail the person-
alities, political projects, and legal problems that shaped the development of these
organizations. Rather dry legal questions of treaty interpretation can now be read
in the context of animated controversies refracting progressive reformist zeal, emer-
gent welfarist and laborist political programs, an ethos of technical problem solv-
ing, and visions of the reconstitution of political, economic, and social order in the
post-​colonial world.
A uniting leitmotif across the three institutional stories examined in the book—​
and as suggested by the book’s subtitle—​is the intimate historical and political
relationship Sinclair identifies between the discourses of liberal government and
governance in modern Western states, and the reformist agendas that extended
and transformed the activities of the ILO, the World Bank, and the UN. In each
case, Sinclair shows persuasively that contemporaneous contestations and trans-
formations of the state—​the rise of administrative welfare states and welfarist state
policies such as social insurance—​were quickly relayed and further disseminated
through the emerging international governance activities of international organi-
zations. These organizations became crucial vectors of the modern sciences of the
vi

vi Series Editors’ Preface

state, and a means by which these knowledge-​forms came to be refined and applied
to the world as a kind of universal technical vision of politics and social reform.
In pursuit of such visions and agendas, the legal framework of the international
organizations was reinterpreted in a manner not dissimilar to the progressive legal
realist constitutional jurisprudence that accompanied the transition from the clas-
sical liberal state to the administrative welfare state. The purposes of the organiza-
tions came to be understood broadly as encompassing those powers necessary to the
solving of social, economic, and administrative problems of modern government—​
provided such activity remained cabined within the idea of technical expertise.
Sinclair’s book combines both theoretical insight with rich historical research
to construct an account that is at once a pleasure to read and dense with thought-​
provoking arguments and observations. While many specific aspects have been
written about elsewhere, this book’s considerable originality is nonetheless evident
in the way it weaves a compelling story of the deep mutual implication of domestic
state formation and the expansion of modern international governance. I expect
that it is a book that will be read and re-​read not only for what it tells us about the
recent past, but also for the ways in which it can help us better understand our cur-
rent era of global governance and state-​making.
Nehal Bhuta
Florence
January 2017
vii

Acknowledgments

This book began life as a doctoral thesis at New York University (NYU) School
of Law. José Alvarez was an ideal supervisor, extremely generous with his time,
constructively critical, and encouraging of new perspectives. The other mem-
bers of my doctoral committee, Sally Engle Merry and Martti Koskenniemi, read
drafts of the thesis, offered detailed comments, and asked probing questions that
prompted me to think and rethink my approach and contributions. Each has
inspired and influenced this book in inestimable ways. I am deeply grateful to all
three of them.
I owe a great deal to the JSD program at NYU School of Law. I am particu-
larly grateful for the mentorship and guidance of the program’s director, Joseph
Weiler. While at NYU, I was privileged to receive comments on draft chapters from
Seyla Benhabib, Damian Chalmers, Kevin Davis, David Garland, Nicolas Guilhot,
Andrew Hurrell, and Deborah Malamud. I also want to acknowledge the many
enjoyable and productive conversations I had with friends and colleagues in the
JSD program, including Olivier Barsalou, Vanessa Casado-​Pérez, Lisa Kerr, David
Kosař, Karin Loevy, Doreen Lustig, Arie Rosen, Emily Kidd White, and Megan
Donaldson.
I have incurred numerous other debts along the way. Two outstanding teach-
ers in my LLM studies, Antony Anghie and Sanford Levinson, stimulated my
early thinking on the topic of this dissertation. They both acted as referees for my
applications to doctoral programs, and have continued to support me throughout.
Treasa Dunworth, Kirsty Gover, John Ip, Jane Kelsey, Paul Rishworth, and Gerard
van Bohemen provided crucial advice. I received comments on chapter drafts at the
American Society of International Law International Organizations Interest Group
Works-​in-​Progress Workshop; and from audiences at NYU, Harvard Law School,
Yale Law School, Melbourne Law School, and Victoria University of Wellington
(VUW) Law School. I have also profited greatly from conversations with Payam
Akhavan, Julian Arato, Nehal Bhuta, Laurence Boisson de Chazournes, Simon
Chesterman, Margaret Chon, Alberto Costi, Gráinne de Búrca, Anna Dolidze,
Hooper Dunbar, Michael Fakhri, Ben Heath, Ian Johnstone, Kenneth Keith, Peter
Khan, David Kennedy, Benedict Kingsbury, Jan Klabbers, Susanne Krasmann,
David Malone, Campbell McLachlan, Anne Orford, Sundhya Pahuja, Christian
Reus-​Smit, Gerry Simpson, Tony Smith, and Emanuel Towfigh. I thank them all.
I wish to acknowledge the financial support I received from a Fulbright New
Zealand graduate award, the JSD scholarship from NYU School of Law, the
Spencer Mason Travelling Scholarship, the Gordon Watson Scholarship, and
a University Research Fellowship from VUW. The staff at the United Nations
Archives, NYU’s Elmer Holmes Bobst and Law Libraries, and VUW’s Law Library
provided invaluable support. I am grateful for the research assistance of Eve Bain,
viii

viii Acknowledgments
Katja Heesterman, and Scott Fletcher, and for the proofreading services of Cathy
Nijman. I would also like to thank the editorial team at Oxford University Press for
guiding the book to publication.
Parts of the Introduction to this book were previously published, in somewhat
different form, as “State Formation, Liberal Reform and the Growth of International
Organizations” (2015) 26 European Journal of International Law 445.
My deepest thanks go to members of my family, immediate and extended. My
mother, father, and sister were my first teachers and models of intellectual curiosity.
Tina, Sirus, and Jian have patiently tolerated my absences and absent-​mindedness,
surrounded me with love and joy, and reminded me what is important in life.
Growing up in Papua New Guinea as the child of an international civil servant
gave me an uncommon perspective on the ethos and operations of international
organizations. In the first year of working on the thesis that led to this book, we
unexpectedly lost my father. I hope that he would find here some reflection of his
own idealism about the possibility of reforming the world.
This book is dedicated to Ruta and Peter.
ix

Contents

Table of Cases xiii

Table of Treaties xv
List of Abbreviations xvii

Introduction  1
Theoretical Concerns: The Promise and Perils of Reform 2
Methodology 6
Argument 13
Outline of the Book 20

PA RT I . T H E I N T E R N AT I O N A L L A B O U R
O RG A N I Z AT I O N , T E C H N I C A L A S S I S TA N C E , A N D
T H E W E L FA R E S TAT E 1 9 1 9 –​1 9 4 5
1. From Standard-​setting to Technical Assistance  29
Introduction 29
Creating the ILO 32
A “Really Living” Organization 38
Constitutional Growth Contested and Confirmed 48
The Move to Technical Assistance 55
Between Constitutionalism and Administration 67
Conclusion 74

2. Into Development  75
Introduction 75
A Faith for All Mankind? 76
To the East: Universality and Civilization 79
To the West: Economic Crisis and Social Reform 85
From Taylorism to Planning 90
The Birth of Development? 97
Constitutional Transformation in States and International
Organizations 102
Conclusion 107
x

x Contents
PA RT I I . T H E U N I T E D N AT I O N S , P E A C E K E E P I N G ,
A N D T H E P O S TC O L O N I A L S TAT E 1 94 5 – ​1 9 6 4
3. From Collective Security to Peacekeeping  113
Introduction 113
Creating the UN 116
Struggling over Statehood: Institutional Innovations in the Early UN 124
Charter Amendment and Constitutional Growth 135
Inventing Peacekeeping: UNEF 141
Reinventing Peacekeeping: ONUC 147
Peacekeeping Contested and Confirmed 156
Conclusion 158

4. Into International Executive Rule  160

Introduction 160
Modernization in Theory 161
Modernization in Practice: Technical Assistance in the Congo 169
From the Spirit of the Charter to International Executive Authority 176
Emergency and the Expert 181
From Self-​government to Government of the Self 185
Between Practice and Doctrine: Early Peacekeeping in International Law 190
Conclusion 195

PA RT I I I . T H E WO R L D B A N K , G OV E R N A N C E ,
A N D T H E M A N A G E R I A L S TAT E 1 9 4 4 –​2 0 0 0
5. From Reconstruction to Development  201
Introduction 201
Creating the World Bank 204
Between Wall Street and the World 211
Precursors to Governance 214
Development Diplomacy and the Birth of the IDA 221
A Hermeneutic for Growth 226
Facing (and Embracing) the Third World 229
Conclusion 234

6. Into Governance  236

Introduction 236
A Crusade against Poverty 237
Statistics and Statecraft 241
International Law and the Crisis of State-​centered Development 245
From Policy to Process: the Bank’s Discovery of Governance 251
A Legal Pivot: Ibrahim Shihata and the Problem of Politics 257
xi

Contents xi

A New Toolbox for Government 262

Between Modernization and Globalization 269
The Bank as Global Governor 274
Conclusion 279

Conclusion  283
Between Reform and Resistance 284
Between Coercion and the Conduct of Conduct 286
Morality, Expertise, and Law 288
The Effectivity of International Law 292
Toward a Genealogy of Global Governance 295

Bibliography 297
Index 333
xii
xiii

Table of Cases
Case Concerning the Designation of the Workers’ Delegate for the Netherlands at the Third Session
of the International Labour Conference (Advisory Opinion) PCIJ Series B No 1
(July 31, 1922) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50, 63
Case of the SS Lotus (France v Turkey) PCIJ Series A No 10 (1927) . . . . . . . . . . . . . . . . . . . . . . . . . 53
Certain Expenses of the United Nations (Article 17, paragraph 2, of the Charter) (Advisory
Opinion) [1962] ICJ Rep 151 . . . . . . . . . . . . . . . . . . 64, 116, 156–​59, 191–​94, 228, 260, 295
Competence of the General Assembly for the Admission of a State to the United Nations
(Advisory Opinion) [1950] ICJ Rep 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
Competence of the International Labour Organisation in Regard to International Regulation
of the Conditions of the Labour of Persons Employed in Agriculture (Advisory Opinion)
PCIJ Series B No 2 (August 12, 1922) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49–​53, 61, 63, 78
Competence of the ILO to Examine Proposals for the Organization and Development of the
Methods of Agricultural Production (Advisory Opinion) PCIJ Series B No 3 (1922) . . . . . . 49–​50
Competence of the International Labour Organization to Regulate Incidentally the Personal
Work of the Employer (Advisory Opinion) PCIJ Series B No 13
(July 23, 1926) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53–​54, 64, 69, 135
Conditions of Admission of a State to Membership in the United Nations (Article 4 of Charter)
(Advisory Opinion) [1948] ICJ Rep 57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
Constitution of the Maritime Safety Committee of the Inter-​Governmental Maritime Consultative
Organization (Advisory Opinion) [1960] ICJ Rep 150 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .191
Effect of Awards of Compensation Made by the United Nations Administrative Tribunal
(Advisory Opinion) [1954] ICJ Rep 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191
In re Piracy Jure Gentium [1932] AC 586 (PC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
International Status of South West Africa (Advisory Opinion) [1950] ICJ Rep 128 . . . . . . . . . . . . . 191
Interpretation of the Convention of 1919 Concerning Employment of Women during the Night
(Advisory Opinion) PCIJ Series A/​B No 50 (November 15, 1932) . . . . . . . . . . . . . . . . . . . . . 68
Judgments of the Administrative Tribunal of the ILO upon Complaints Made against Unesco
(Advisory Opinion) [1956] ICJ Rep 77 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191
Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West
Africa) Notwithstanding Security Council Resolution 276 (1970) (Advisory Opinion)
[1971] ICJ Rep 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132, 230
Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory
(Advisory Opinion) [2004] ICJ Rep 136 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
Legality of the Use by a State of Nuclear Weapons in Armed Conflict (Advisory Opinion)
[1996] ICJ Rep 66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7, 280
McCulloch v Maryland 17 US 316 (1819) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105, 123, 192
Missouri v Holland, 252 US 416 (1920) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87, 105, 192
Nationality Decrees Issued in Tunis and Morocco (Advisory Opinion) PCIJ Series B No 4
(February 7, 1923) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .53–​54
Reparation for Injuries Suffered in the Service of the United Nations (Advisory Opinion)
[1949] ICJ Rep 174 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7, 135, 191–2, 194, 228, 260
South West Africa Cases (Ethiopia v South Africa; Liberia v South Africa)
[1962] ICJ Rep 319 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191
Voting Procedure on Questions relating to Reports and Petitions concerning the Territory of South
West Africa (Advisory Opinion) [1955] ICJ Rep 67 . . . . . . . . . . . . . . . . . . . . . . . . . . . 137, 191
xiv
xv

Table of Treaties
Articles of Agreement of the (adopted November 28, 1919,
International Bank for entered into force June 13, 1921) ���������� 77
Reconstruction and Development Convention on the Prevention and
(adopted July 22, 1944, entered Punishment of the Crime of
into force December 27, 1945) Genocide (adopted December 9,
2 UNTS 134 ������������������� 204–5, 208–​14, 1948, entered into force January 12,
223, 226–​28, 232–​34, 1951) 78 UNTS 277 ������������������ 129, 149
236, 246–​48, 256, Declaration Concerning the Aims and
260–​61, 269, 278, 280–​81 Purposes of the International
Articles of Agreement of the Labour Organisation (26th
International Development Session of International Labour
Association (prepared January Conference, May 10, 1944)
26, 1960, entered into force 15 UNTS 104 ������������������������ 101–2, 109
September 24, 1960) 439 Declaration of Principles known as the
UNTS 249 �������������������������� 224–​25, 246 Atlantic Charter (issued August
Charter of the United Nations (adopted 14, 1941) 204 LNTS 381 ����������������� 117,
June 26, 1945, entered into force 120, 125, 205
October 24, 1945) ����������������22, 106, 109, Slavery Convention (adopted September
113, 116, 118–​27, 25, 1926, entered into force March
129–​41, 142, 145, 146, 9, 1927) 60 LNTS 253 ������������������������ 80
156–​58, 167, 169, 176–​80, Statute of the International Court of
183, 189, 192–​93, 195–6, Justice (adopted June 26, 1945,
204, 210, 213, 227, 233, entered into force October 24,
245, 250, 279, 287, 289, 295 1945) �������������������������������������������� 8, 122
Constitution of the International Labour The Indus Waters Treaty (adopted
Organisation (adopted September September 19, 1960)
19, 1946, entered into force April 419 UNTS 126 ���������������������������������� 219
20, 1948) 15 UNTS 40 �������������� 106, 123 Treaty of Friendship, Assistance and
Convention Concerning Forced Co-operation (Belgium–​Republic
or Compulsory Labour (ILO of Congo) (adopted
Convention 29) (adopted June 28, June 29, 1960) ������������������������������������ 151
1930, entered into force Treaty of Peace at Versailles (adopted
May 1, 1932) ���������������������������������������� 81 June 28, 1919, entered into
Convention Concerning Night Work force January 10, 1920)
in Bakeries (ILO Convention 225 CTS 188 ������������������32, 54, 63, 76–7
20) (adopted June 8, 1925, entered Part I (Covenant of the League of
into force May 26, 1928) ���������������������� 53 Nations) ��������������21, 31–2, 41, 69–70,
Convention Concerning the Use of 72, 76, 105
White Lead in Painting (ILO Part XIII (Labour) ������������������32, 34–​39, 42,
Convention 13) (adopted 45–​54, 63, 68, 70,
November 19, 1921, entered into 77–​79, 87, 97,
force August 31, 1923) ������������������������ 54 103–​106, 108, 109
Convention Limiting the Hours of Vienna Convention on the Law of
Work in Industrial Undertakings to Treaties (adopted May 22, 1969,
Eight in the Day and Forty-​Eight entered into force January 27,
in the Week (ILO Convention 1) 1980) 1155 UNTS 331 ���������������� 259–​60
xvi
xvii

List of Abbreviations
ABA American Bar Association
ANC Armée Nationale Congolaise
CDF Comprehensive Development Framework
CPPs Country Program Papers
EBRD European Bank for Reconstruction and Development
ECLA Economic Commission for Latin America
ECOSOC Economic and Social Council
EPTA Expanded Program of Technical Assistance
FAO Food and Agriculture Organization
GATT General Agreement on Tariffs and Trade
IALL International Association for Labour Legislation
IBRD International Bank for Reconstruction and Development
ICAO International Civil Aviation Organization
ICJ International Court of Justice
ICSID International Centre for Settlement of Investment Disputes
IDA International Development Association
IFC International Finance Corporation
IFTU International Federation of Trade Unions
IIA International Institute of Agriculture
ILO International Labour Organization
ILO-​MS International Labour Organization Monthly Summary
ILO-​OB International Labour Organization Official Bulletin
IMF International Monetary Fund
IPN National Institute of Education
ITU International Telecommunications Union
MIGA Multilateral Investment Guarantee Agency
NATO North Atlantic Treaty Organization
NIEO New International Economic Order
NPM New Public Management
OECD Organisation for Economic Co-​operation and Development
ONUC Opération des Nations Unies au Congo
OPEC Organization of Petroleum Exporting Countries
OPEX Operational, executive and administrative personnel in the UN
OUP Oxford University Press
P&B Programming and Budgeting
PCIJ Permanent Court of International Justice
PPBS Planning, Programming, Budgeting System
PRSPs Poverty Reduction Strategy Papers
SALs Structural Adjustment Loans
SECALs Sector Adjustment Loans
SUNFED Special UN Fund for Economic Development
TAB Technical Assistance Board
UN GAOR United Nations General Assembly Official Records
xviii

xviii List of Abbreviations

UN SCOR United Nations Security Council Official Records
UNA United Nations Archives
UNCTAD UN Conference on Trade and Development
UNDP UN Development Program
UNEF United Nations Emergency Force
UNEP UN Environment Programme
UNESCO UN Educational, Scientific and Cultural Organization
UNOPI UN Office of Public Information
UNTAA UN Technical Assistance Administration
UNTS United Nations Treaty Series
UNTSO UN Truce Supervision Organization
UNYB United Nations Year Book
USAID US Agency for International Development
VCLT Vienna Convention on the Law of Treaties
WDR World Development Report
WGI Worldwide Governance Indicators
WHO World Health Organization
WTO World Trade Organization
1

Introduction

A major achievement of international law during the twentieth century was the
creation and adaptation to changing world conditions of a vast number of inter-
national organizations. Since 1945, in particular, the United Nations (UN) and
its specialized agencies have extended the range of their operations significantly,
such that the contemporary activities of these organizations are very different from
those anticipated by their founders or undertaken in the earliest years of their exis-
tence. Today, hundreds of global and regional international organizations oper-
ate in myriad fields of activity, including peace and security, social and economic
development, environmental protection and resource management, trade, and
finance. Together, they exercise far-​reaching powers—​including the ability to make
law and capabilities of military, financial, economic, political, social, and cultural
intervention—​that impact directly and indirectly upon the lives of millions of peo-
ple around the world.1
This book examines the expansion of powers exercised by international organiza-
tions under international law. More specifically, it focuses on how this expansion
has occurred through processes of discourse, practice, and (re)interpretation—​
indicated here by the shorthand expression “IO expansion”—​rather than by for-
mally amending their constituent instruments. The central research question the
book addresses is how IO expansion has come to be widely, if not universally,
viewed as possible and legitimate in international law. In answering this question,
I aim to develop a critical historical account of the role that legal ideas, arguments,
routines, and techniques have played in making IO expansion practically feasible
and normatively desirable. As a secondary matter, I investigate how the practice of
IO expansion has in turn impacted upon the concepts, categories, and objects of
international law.
At a more general level, the book seeks to illuminate international law’s perennial
promise of reform. International organizations are important sites of struggle over
the meaning of international law and its potential for creating a better world. Yet
these same organizations have often ended up promoting forms of international
intervention that look a lot like continuations of deep-​rooted relationships of impe-
rialist domination. A basic puzzle that has motivated much of the research toward

1 José E Alvarez, International Organizations as Law-​Makers (OUP 2005).

To Reform the World: The Legal Powers of International Organizations. First Edition. Guy Fiti
Sinclair. © Guy Fiti Sinclair 2017. Published 2017 by Oxford University Press.
2

2 Introduction
this book has therefore been to understand the relationship between international
law’s reforming promise and its imperialist perils.
In seeking to address this puzzle and answer the research questions posed above,
I argue that IO expansion has been imagined, understood, and undertaken as nec-
essary to a process of making modern states on a broadly Western model; and that
international law has played a central role in that process. Since the nineteenth
century, international organizations have been viewed as vital instruments for the
formation and reform of states. Moreover, the state-​making efforts of international
organizations have always been premised upon, shaped, and constrained by par-
ticular European discourses and practices of liberal government. Borrowing heav-
ily from the concepts and categories of (domestic) public law—​which themselves
emerged to explain, control, and legitimize the growing bureaucratic powers of
states in Europe and North America—​international legal thought has incorporated
new hermeneutical constructs and techniques that allow international organiza-
tions the flexibility to expand and adapt their powers to the ever-​changing require-
ments of state formation.
As outlined in more detail below, this book examines the exercise of new powers
by a handful of international organizations over the course of the twentieth century.
The first part of the book concerns the beginnings of technical assistance in the
International Labour Organization (ILO) from the 1920s until the end of World
War II. The second addresses the emergence of UN peacekeeping in the 1950s and
early 1960s. And the third investigates the World Bank’s “turn to governance,”
which reached an apotheosis in the 1990s. Carefully tracing the relationship of
legal discourse and practice with the specific rationalities and techniques of power
deployed by each organization, I seek to contribute to a critical history of the role
of international law and institutions in shaping contemporary global governance.
This Introduction sets the stage for the detailed historical and analytical work
in the rest of the book. It begins by describing the core theoretical concerns of the
book. It then introduces the methodology employed in the succeeding chapters.
Finally, it summarizes the book’s core arguments and outlines the chapters to follow.

Theoretical Concerns: The Promise and Perils of Reform

International law is a discipline, discourse, and practice of reform. It tells a story of

its own progressive self-​improvement, and of its prominent role in the betterment
of others. As a profession, its origins can be traced to the reforming sensibilities of
a network of internationally minded European lawyers in the late nineteenth cen-
tury.2 In the twentieth century, too, the academic discipline of international law has
been characterized by repeated calls for renewal and reform.3 International lawyers

2 Martti Koskenniemi, The Gentle Civilizer of Nations (Cambridge UP 2001) ch 1.

3 David Kennedy, ‘When Renewal Repeats: Thinking against the Box’ (2000) 32 NYU J Int’l L &
Pol 335.
3

Introduction 3

imagine themselves neither as rebels who aim to overthrow the existing order, nor as
rulers who seek to govern the world,4 but as the champions and ministers of orderly
reform, based on sound legal principles.
As the creatures, instruments, and (increasingly) originators of international
law, international organizations incarnate and epitomize its transformative poten-
tial. They intervene in its name and subject themselves to its improving influence.
They provide important venues for an endless cycle of debate—​of proposals and
counter-​proposals, contestation and compromise—​over the meaning and possi-
bility of a just, democratic, and equitable global order. And over the past century,
they have themselves been the objects of continuous reform efforts.5 Indeed, per-
haps the most common outcome of reform efforts directed at international orga-
nizations has been their assumption of additional powers and expansion into new
arenas of activity.6
This outcome presents a legal paradox and puzzle. In international law, inter-
national organizations are created through written agreements between sovereign
states.7 These agreements—​their constituent instruments or founding treaties—​
define their objects and purposes, enumerate their powers, and prescribe formal
amendment procedures through which they can, among other things, legitimately
set themselves new goals and acquire new powers. Yet many international organi-
zations have come to exercise legal powers that were neither specifically contem-
plated at the time of their creation nor explicitly mandated in their constituent
instruments; and they have done so largely without formally amending those
instruments.
On its face, this fact may appear problematic from a rule-​of-​law perspective: put
bluntly, it raises the specter of ultra vires acts. Yet IO expansion has come to be
widely viewed as lawful and necessary for the progressive development of mecha-
nisms of international cooperation. Consider some of the activities of international

4 cf Mark Mazower, Governing the World (Allen Lane 2012).

5 Joachim Müller (ed), Reforming the United Nations: The Quiet Revolution (Brill 2001); Joachim
Müller (ed), Reforming the United Nations: The Struggle for Legitimacy and Effectiveness (Martinus
Nijhoff 2006); Peter Coffey and Robert J Riley, Reform of the International Institutions: The IMF, World
Bank and the WTO (Edward Elgar 2006); Diane Stone and Christopher Wright (eds), The World Bank
and Governance (Routledge 2007); Peter G Danchin and Horst Fischer (eds), United Nations Reform
and the New Collective Security (Cambridge UP 2010); Tine Hanrieder, International Organization in
Time: Fragmentation and Reform (OUP 2015).
6 Of course, international organizations have not always and everywhere expanded their powers,
nor has every attempt at IO expansion been successful. Where this phenomenon does exist, however,
I argue that it raises a particular set of legal and political questions that demand careful consideration
by international lawyers. Other studies will be necessary to understand the role of international law
where international organizations have experienced a contraction of powers over time, or have ceased
to exist altogether.
7 Schermers and Blokker define international organizations as ‘forms of cooperation (1) founded
on an international agreement; (2) having at least one organ with a will of its own; and (3) established
under international law’. Henry G Schermers and Niels M Blokker, International Institutional Law (5th
rev edn, Martinus Nijhoff 2011) 37, para 33. The term ‘international institutions’ is used interchange-
ably with ‘international organizations’, and ‘international institutional law’ is synonymous with ‘the
law of international organizations’ and ‘international organizations law’.
4

4 Introduction
organizations in recent years, all of which were made possible by processes of IO
expansion:
• UN specialized agencies and other international organizations spend billions
of dollars each year on programs of technical assistance in “developing” coun-
tries, including legal assistance in preparing the constitutions of independent
states. These forms of assistance take on special significance in the context of
post-​conflict state-​building, and in the aftermath of complex humanitarian
emergencies, political transitions, and the like.8
• The UN Security Council has authorized dozens of peace operations, the
majority in Africa. In addition to maintaining security and disarming former
combatants, these operations assist with political processes, judicial reform,
training for police forces, and supporting the return and reintegration of refu-
gees and internally displaced persons.
• In some cases, such as Kosovo and East Timor, the Security Council has man-
dated the creation of temporary UN administrations that have assumed exclu-
sive authority over particular territories.9
• Starting in the 1990s, the Security Council created a number of independent
judicial organs, including the ad hoc international tribunals that were estab-
lished to indict and try alleged war criminals from Rwanda and the former
Yugoslavia.10
• In a series of related actions, the Security Council has implemented a range
of coercive post-​conflict actions, such as the disarmament requirements and
economic sanctions imposed on Iraq in the 1990s; “legislated” certain acts and
states to be illegal; and established a sanctions regime targeted at individuals
and non-​state actors suspected of terrorism.11
• The World Health Organization has exercised novel emergency powers for
the governance of global health crises, such as by the Director-​General issuing
pandemic alerts and recommendations.12
• Over the past few decades, the activities of international financial institutions
such as the World Bank and International Monetary Fund have embraced
poverty eradication, environmental protection, judicial reform and training,

8 Vijayashri Sripati, ‘UN Constitutional Assistance Projects in Comprehensive Peace Missions: An

Inventory 1989–​2011’ (2012) 19 Int’l Peacekeeping 93; Olav Stokke, The UN and Development
(Indiana UP 2009).
9 Ralph Wilde, International Territorial Administration (OUP 2008); Carsten Stahn, The Law and
Practice of International Territorial Administration (Cambridge UP 2008).
10 William A Schabas, The UN International Criminal Tribunals: The Former Yugoslavia, Rwanda
and Sierra Leone (Cambridge UP 2006).
11 Jeremy Matam Farrall, United Nations Sanctions and the Rule of Law (Cambridge UP 2007); Paul
C Szasz, ‘The Security Council Starts Legislating’ (2002) 96 AJIL 901.
12 David Fidler, SARS, Governance and the Globalization of Disease (Palgrave Macmillan 2004);
Tine Hanrieder and Christian Kreuder-​Sonnen, ‘WHO Decides on the Exception? Securitization and
Emergency Governance in Global Health’ (2014) 45 Security Dialogue 331.
5

Introduction 5

structural and sectoral adjustment, the protection of indigenous rights, public

sector management, regulatory reform, anti-​corruption programs, and other
activities broadly related to the “good governance” reform agenda.13
Informal expansions of the powers exercised by international organizations, such as
in the examples listed above, are often presented and justified as reforms, enabling
these organizations to achieve a series of necessary and socially progressive goals,
and thereby manifesting international law’s aspiration to reform the world. Like
most international lawyers, the officials and employees of international organi-
zations have generally seen themselves as liberal, progressive, and cosmopolitan
reformers, committed to creating a more just, peaceful, and equitable world. And
until relatively recently, both groups have tended to view the expansion of powers
exercised by international organizations as a welcome corrective to the excesses of
state sovereignty.
But the phenomenon of IO expansion also raises another, more troubling possi-
bility: that international law’s impulse to reform is indistinguishable from its origi-
nary “civilizing mission,” which has consistently supplied a pretext for imperialist
actions in the encounter between different peoples and cultures.14 A burgeoning
literature in the social and political sciences, and increasingly in international law
scholarship, has recognized that international organizations frequently fail to act in
accordance with the principles they espouse.15 More to the point, as well as hav-
ing some positive outcomes, many of the activities of these organizations have had
a number of far-​reaching, negative effects on the states and populations in which
they intervene, particularly in the decolonized world.16 The possibility of reform’s
failure—​or, worse, its perversion to wicked ends—​is a source of deep unease for
international lawyers and the officials of international organizations alike.
This gap—​between the perennial promise of reform held out by international
organizations and the actual outcomes of IO expansion—​has provoked contrasting
responses from international lawyers. On the one hand, a common reaction has been
to propose a further series of reforms aimed at improving the governance and redi-
recting the focus of international organizations. Indeed, some innovative work has
been done in recent years in assembling new conceptual and normative frameworks

13 Stone and Wright (eds), World Bank and Governance; Jessica Einhorn, ‘The World Bank’s Mission
Creep’ (2001) 80 Foreign Aff 22, 24; Michelle Miller-​Adams, The World Bank (Routledge 1999).
14 Antony Anghie, Imperialism, Sovereignty and the Making of International Law (Cambridge
UP 2004).
15 Jean-​Marc Coicaud and Veijo Aulis Heiskanen (eds), The Legitimacy of International Organizations
(UN UP 2001); Eric Stein, ‘International Integration and Democracy: No Love at First Sight’ (2001)
95 AJIL 489; Robert A Dahl, ‘Can International Organizations Be Democratic? A Skeptic’s View’ in
Ian Shapiro and Casiano Hacker-​Cordón (eds), Democracy’s Edges (Cambridge UP 1999) ch 2.
16 Of an ever-​growing literature, see Michael Chossudovsky, The Globalisation of Poverty and
the New World Order (Global Research 2003); Richard Peet, Unholy Trinity: The IMF, World Bank
and WTO (Zed Books 2003); Frédéric Mégrét and Florian Hoffmann, ‘The UN as Human Rights
Violator? Some Reflections on the United Nations Changing Human Rights Responsibilities’ (2003)
25 Hum Rts Q 314; Graf Hans-​Christof Sponeck, A Different Kind of War: The UN Sanctions Regime
in Iraq (Berghahn Books 2006); Guglielmo Verdirame, The UN and Human Rights: Who Guards the
Guardians? (Cambridge UP 2011).
6

6 Introduction
through which problematic institutional practices can be analyzed, subjected to cri-
tique, and remedied.17 On the other hand, more critical commentators have sug-
gested that international law is itself “part of the problem”; that it has an in-​built
structure that inescapably reproduces an imperialist dynamic; and that it serves as an
ideological mask for powerful states and capitalist interests.18 For some of these crit-
ics, the promise of reform amounts to little more than a cynical attempt to distract
attention from the real, damaging effects of international organizations’ activities.
This book begins from the premise that the gap between the promise and reality
of reform in international law and organizations is crucially important from both a
theoretical and a practical perspective. I share the critics’ concern that the colonial
encounter initiated a dynamic in international law that continues to shape interna-
tional organizations and influence their ongoing contributions to the construction
of unequal power relations between the global North and South. Unlike some in
the critical camp, however, I think it would be a mistake to dismiss the reforming
promise of these organizations as a falsehood, deception, or illusion. Rather, I see
the promise of reform and its operationalization in practices of IO expansion as
central to the rule of international law and how it works in the world.
The exercise of an expanded range of powers by these organizations; the legal
categories through which that expansion has been understood and assessed; and the
effects of international interventions activities in poorer, less powerful countries—​
each of these topics has generated an extensive literature with its own preoccupa-
tions and controversies. This book takes up these themes together, with the hope of
gaining insight into the role of international law in making possible and justifying
IO expansion.

Methodology

Inquiring into how international law has facilitated and legitimized IO expansion
requires an exploration of its historical context, the interaction of legal and other
kinds of expertise in that process, the forms of intervention that resulted, and the
effects of those interventions. Indeed, answering the central research questions
posed above requires asking several more, in each case: What actors have partici-
pated in constituting and contesting IO expansion? What were their background
assumptions, motivations, and expectations? What vocabularies, images, stories,
and metaphors did they use to express these understandings? What problems did
they face, and upon what catalogue of existing solutions did they draw? And what,

17 Benedict Kingsbury and Lorenzo Casini, ‘Global Administrative Law Dimensions of International
Organizations Law’ (2009) 6 Int’l Org L Rev 319; Armin von Bogdandy and others (eds), The Exercise
of Public Authority by International Institutions (Springer 2010).
18 Compare, eg, Anghie, Imperialism, Sovereignty and the Making of International Law; Balakrishnan
Rajagopal, International Law from Below (Cambridge UP 2003); David Kennedy, The Dark Sides of
Virtue: Reassessing International Humanitarianism (Princeton UP 2004); Sundhya Pahuja, Decolonising
International Law (Cambridge UP 2011).
7

Introduction 7

in turn, were the impacts—​on individuals, on institutions, and on international

law—​of the actions that they took?
The wide-​ranging nature of these inquiries suggests a sociologically and histori-
cally grounded, thick description of the conditions that have made it possible to
conceive, effect, and justify IO expansion in particular cases. Answering the central
research question of this book necessitates, in other words, a focus on the discursive
and material practices of international organizations, the rationales and techniques
of power they utilize, and the specific historical circumstances within which they
operate. This section of the Introduction addresses each of these key dimensions of
the book’s methodology in turn.

From doctrine to practice

Despite its pervasiveness, international law scholarship has given surprisingly
little systematic attention to the expansion of international organizations’ powers
through informal processes of interpretation and reform.19 Over the past century,
the sub-​discipline of international organizations law has developed around the cen-
tral enterprise of defining, conceptualizing, and applying a set of norms concern-
ing the powers of international organizations—​the principle of attribution,20 the
related principle of speciality,21 the doctrine of implied powers,22 and so on—​all
of which bear upon IO expansion in one way or another.23 As critical scholars have
argued, however, these norms are far from determinate, coherent, or conclusive.24
More importantly, the doctrinal orientation of international organizations law
has led it to focus almost exclusively on a restricted set of legal materials, such as
the constituent instruments of international organizations, the relatively few judg-
ments and advisory opinions of a handful of international (and some national)
courts and tribunals, and the draft articles and reports of the International Law
Commission.25 As a result, the scholarship in this area frequently fails to connect

19 The most comprehensive treatment of the subject is already more than four decades old: Ralph
Zacklin, The Amendment of the Constitutive Instruments of the United Nations and Specialized Agencies
(Sijthoff 1968) ch 7. See also Georges Abi-​Saab and others, The Changing Constitution of the United
Nations (Hazel Fox ed, British Institute of International and Comparative Law 1997); Tetsuo Sato,
Evolving Constitutions of International Organizations (Brill 1996).
20 Schermers and Blokker, International Institutional Law, 157, para 209: ‘A rule of thumb is that …
[IOs] are competent to act only as far as powers have been attributed to them by states … [IOs] may not
generate their own powers … they are not competent to determine their own competence.’
21 Legality of the Use by a State of Nuclear Weapons in Armed Conflict (Advisory Opinion) [1996]
ICJ Rep 66, 78.
22 Reparation for Injuries Suffered in the Service of the United Nations (Advisory Opinion) [1949] ICJ
Rep 174, 182–​83.
23 See especially Schermers and Blokker, International Institutional Law; Jan Klabbers, An
Introduction to International Organizations Law (3rd edn, Cambridge UP 2015); CF Amerasinghe,
Principles of the Institutional Law of International Organizations (2nd rev edn, Cambridge UP 2005);
Nigel D White, The Law of International Organisations (2nd edn, Juris Publishing 2005).
24 Alvarez, International Organizations as Law-​Makers, 82–​ 100; Klabbers, An Introduction to
International Organizations Law, 50–​69.
25 Even critical approaches to international organizations law rely overwhelmingly on these
sources: see Klabbers, An Introduction to International Organizations Law.
8

8 Introduction
with the shared assumptions, discourses, and practices of reform within organiza-
tions, which shape and give impetus to IO expansion on a daily basis. To the extent
that it considers the issue at all, mainstream scholarship on international organi-
zations law reflexively adopts the functionalist assumption that any expansion of
international organizations’ powers and activities is designed to meet the common
needs of states, and therefore must be a good thing.26
In contrast, this book adopts a broad view of law as a variable discourse and
practice that can assume an array of forms in different contexts.27 The logic and
language of international law appears in multiple sites and guises, extending far
beyond the traditionally recognized sources of treaty, custom, and judicial deci-
sions.28 It helps to shape the arguments used by states in treaty negotiations and in
fora such as the UN General Assembly and Security Council. We also observe the
presence of international law in many of the public acts, published speeches, and
writings of the senior officers of international organizations. And it is manifested
in an array of “soft law” instruments such as the resolutions, recommendations,
and declarations of international organs; in the decisions of a growing number of
administrative tribunals and review mechanisms established by international orga-
nizations; in the standards promulgated by private or hybrid public–​private agen-
cies that are then adopted and enforced by international organizations; and in the
proliferation of quasi-​legal guidelines, expert reports, statements of principle and
policy, codes of conduct, aides-​memoires, action plans, inter-​office memoranda,
and other documents they produce—​all of which, taken together, can have far-​
reaching, cumulative effects in international law.29
As a contribution to sociolegal scholarship, this book explores how “law in
action” interacts with—​shapes and responds to—​“law on the books.” By embrac-
ing the field as a whole, I intend to de-​center rather than displace the traditional
international organizations law emphasis on the work of international courts
and publicists, neither dismissing the importance of their writings nor mistaking
them for the totality of the law. In this view, each doctrinal formulation can be
viewed as an effort to make sense out of a diverse, often contradictory, and ever-​
growing field of activity; and simultaneously as a discrete intervention within
that field. My goal is not to offer a systematic presentation of the law of inter-
national organizations, much less to uncover some overlooked doctrinal unity
underlying the phenomenon of IO expansion or advance a new doctrinal frame-
work. Rather, I aim to explore the ways in which legal doctrine has emerged
from and evolved with the changing discourse and practices of international
organizations in particular historical contexts, and to highlight the wider social,

26 On the origins of functionalist thought in international organizations law, see Jan Klabbers,
‘The Emergence of Functionalism in International Institutional Law: Colonial Inspirations’ (2014)
25 EJIL 645.
27 Philippe Nonet and Philip Selznick, Law and Society in Transition (Transaction Publishers 2001)
8–​9; Gunther Teubner (ed), Dilemmas of Law in the Welfare State (Walter de Gruyter 1986).
28 Statute of the International Court of Justice (adopted June 26, 1945, entered into force October
24, 1945) Art 38.
29 Alvarez, International Organizations as Law-​Makers.
9

Introduction 9

cultural, and political dimensions of both doctrine and practice in shaping how
power is exercised and people are governed in “most of the world.”30

An analytics of law and power

In many studies of international organizations law, power is either entirely absent
as a point of analysis or is considered in crude terms as more or less a zero-​sum
game between states and international organizations. Regarding law as a variable
discourse and practice, however, makes it possible to distinguish an array of charac-
teristic configurations in the relationship between law and power. In one modality,
for example, law operates as a tool of repression and coercion; in another, it serves
as an autonomous apparatus for taming and restraining the repressive tendencies
of governments; and in yet another, it becomes a responsive, adaptive, and purpo-
sive instrument of social welfare.31 Attempts to place each of these modalities on
a historical timeline of legal and social evolution have tended to characterize the
“autonomous” and “responsive” variants as the more modern forms of law.32 But it
can be equally helpful to see all three as ideal types that may operate side-​by-​side or
in various hybrid combinations at any one time.
Rather than providing a ready-​made template, such typologies point to the need
for a more careful analysis of how law, in its many forms, connects up with specific
modes of power. In its widest sense, power involves the “conduct of conduct,” or
action upon action, in myriad ways: through direction, control, constraint, guid-
ance, education, management, influence, incitement, provocation, persuasion, and
so on—​the list could be extended indefinitely.33 Some forms of power can be seen
as operating in a direct and discontinuous manner, through a system of sovereign
commands, negative sanctions, and spectacular punishments.34 Others are what
Michel Foucault described as a “micro-​physics of power,” which work in a molecu-
lar way, shaping individual subjectivities through subtle, repeated procedures of
discipline and normalization, such as enclosure and surveillance, partitioning and
ranking, drills and examinations.35 Yet others function in a more molar or holistic
manner, aiming to regulate the large processes of life by acting upon populations
through macro-​economic and demographic mechanisms.36 Law joins up with,
constitutes, and counters these diverse modes of power in a variety of ways. The
task of this book is precisely to scrutinize the linkages between law—​especially

30 Partha Chatterjee, The Politics of the Governed: Reflections on Popular Politics in Most of the World
(Columbia UP 2004).
31 Nonet and Selznick, Law and Society in Transition; Teubner (ed), Dilemmas of Law.
32 Gunther Teubner, ‘Substantive and Reflexive Elements in Modern Law’ (1983) 17 Law & Soc’y
Rev 239.
33 Michel Foucault, ‘The Subject and Power’ in Paul Rabinow and Nikolas Rose (eds), The Essential
Foucault (New Press 1994) 126.
34 Michel Foucault, Discipline & Punish (Alan Sheridan tr, Pantheon Books 1977) 3–​16.
35 Ibid, 26, 141–​56, 171–​92. See also Christopher Dandeker, Surveillance, Power and Modernity
(Polity 1990).
36 Michel Foucault, The History of Sexuality, vol 1 (Robert Hurley tr, Pantheon Books 1978) 39;
Paul Rabinow and Nikolas Rose, ‘Biopower Today’ (2006) 1 Biosocieties 195.
10

10 Introduction
international law—​and the powers exercised by and through international orga-
nizations. Instead of a universally applicable theory, the anticipated outcome is a
repertoire of conceptual and analytical tools and examples, which may be used as
starting-​points for the analysis of other instances of IO expansion.
Such analysis entails an investigation in two overlapping domains simultane-
ously. In the first place, it calls for inquiry into the diverse rationalities of govern-
ing power.37 Already a century ago, Max Weber identified rational-​legal authority
as the characteristic form of legitimate domination exercised by modern Western
states and other bureaucratic organizations.38 Weber saw the process of rationaliza-
tion as an inexorable, general, and ever-​widening feature of modernity.39 But he
also recognized the persistence of charismatic and traditional forms of authority,
and the continuing relevance of value-​rational and affective, in addition to instru-
mental, types of social action.40 In this book, I am interested in how all of these
dimensions of reason and belief factor into the exercise of power by international
organizations. More specifically, I am concerned with reconstructing the working
vocabularies, social categories, and concepts in the “official” discourse of interna-
tional organizations and writings of practicing international lawyers.
By engaging at this everyday discursive level, rather than with the more sophis-
ticated theorizations of moral and political philosophers, I seek to uncover the sys-
tems of thought and forms of knowledge through which key actors in and around
international organizations have conceptualized, reflected on, and rationalized
their own exercise of power.41 This endeavor necessitates, at certain junctures, the
extended examination of exemplar texts by particular figures associated with the
organizations under study. The goal of such close readings is not to suggest that
these individuals and their writings should be credited with outsize originality,
agency, or influence. Individual agency, choice, and action must of course play an
important role in any historical account; the danger lies in overestimating these
in relation to other factors. Rather, I focus on the writings of individuals whose
significance precisely lies in their ability to articulate, in a more or less authoritative
way, the rationales for IO expansion in their respective institutions. In analyzing
these writings, I hope to reveal the contours of the international legal imaginary—​
the complex “common understanding,” both descriptive and normative, shared by
international organizations’ officials and international lawyers, which “makes pos-
sible common practices and a widely shared sense of legitimacy.”42

37 Nikolas Rose and Peter Miller, ‘Political Power beyond the State: Problematics of Government’
(1992) 43 British J Sociology 173, 175.
38 Max Weber, Economy and Society, vol 1 (Guenther Roth and Claus Wittich eds, U California
Press 1978) 215–​26.
39 Guenther Roth, ‘Rationalization in Max Weber’s Developmental History’ in Scott Lash and Sam
Whimster (eds), Max Weber, Rationality and Modernity (Allen & Unwin 1987) ch 3.
40 Weber, Economy and Society, vol 1, 24–​25.
41 Michel Foucault, The Birth of Biopolitics (Graham Burchell tr, Palgrave Macmillan 2008) 2.
42 Charles Taylor, ‘Modern Social Imaginaries’ (2002) 14 Pub Culture 91, 106. See also Paul W
Kahn, The Cultural Study of Law (U Chicago Press 1999) 2; Dilip Parameshwar Gaonkar, ‘Toward New
Imaginaries: An Introduction’ (2002) 14 Pub Culture 1, 5; Benedict Anderson, Imagined Communities
(Verso 1991).
Exploring the Variety of Random
Documents with Different Content
 *** END OF THE PROJECT GUTENBERG EBOOK
LANDESVEREIN SÄCHSISCHER HEIMATSCHUTZ —
MITTEILUNGEN BAND XIII, HEFT 7-8 ***

Updated editions will replace the previous one—the old editions

will be renamed.

Creating the works from print editions not protected by U.S.

copyright law means that no one owns a United States copyright
in these works, so the Foundation (and you!) can copy and
distribute it in the United States without permission and without
paying copyright royalties. Special rules, set forth in the General
Terms of Use part of this license, apply to copying and
distributing Project Gutenberg™ electronic works to protect the
PROJECT GUTENBERG™ concept and trademark. Project
Gutenberg is a registered trademark, and may not be used if
you charge for an eBook, except by following the terms of the
trademark license, including paying royalties for use of the
Project Gutenberg trademark. If you do not charge anything for
copies of this eBook, complying with the trademark license is
very easy. You may use this eBook for nearly any purpose such
as creation of derivative works, reports, performances and
research. Project Gutenberg eBooks may be modified and
printed and given away—you may do practically ANYTHING in
the United States with eBooks not protected by U.S. copyright
law. Redistribution is subject to the trademark license, especially
commercial redistribution.

START: FULL LICENSE

THE FULL PROJECT GUTENBERG LICENSE
 PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK

To protect the Project Gutenberg™ mission of promoting the

free distribution of electronic works, by using or distributing this
work (or any other work associated in any way with the phrase
“Project Gutenberg”), you agree to comply with all the terms of
the Full Project Gutenberg™ License available with this file or
online at www.gutenberg.org/license.

Section 1. General Terms of Use and

Redistributing Project Gutenberg™
electronic works
1.A. By reading or using any part of this Project Gutenberg™
electronic work, you indicate that you have read, understand,
agree to and accept all the terms of this license and intellectual
property (trademark/copyright) agreement. If you do not agree to
abide by all the terms of this agreement, you must cease using
and return or destroy all copies of Project Gutenberg™
electronic works in your possession. If you paid a fee for
obtaining a copy of or access to a Project Gutenberg™
electronic work and you do not agree to be bound by the terms
of this agreement, you may obtain a refund from the person or
entity to whom you paid the fee as set forth in paragraph 1.E.8.

1.B. “Project Gutenberg” is a registered trademark. It may only

be used on or associated in any way with an electronic work by
people who agree to be bound by the terms of this agreement.
There are a few things that you can do with most Project
Gutenberg™ electronic works even without complying with the
full terms of this agreement. See paragraph 1.C below. There
are a lot of things you can do with Project Gutenberg™
electronic works if you follow the terms of this agreement and
help preserve free future access to Project Gutenberg™
electronic works. See paragraph 1.E below.
1.C. The Project Gutenberg Literary Archive Foundation (“the
Foundation” or PGLAF), owns a compilation copyright in the
collection of Project Gutenberg™ electronic works. Nearly all the
individual works in the collection are in the public domain in the
United States. If an individual work is unprotected by copyright
law in the United States and you are located in the United
States, we do not claim a right to prevent you from copying,
distributing, performing, displaying or creating derivative works
based on the work as long as all references to Project
Gutenberg are removed. Of course, we hope that you will
support the Project Gutenberg™ mission of promoting free
access to electronic works by freely sharing Project
Gutenberg™ works in compliance with the terms of this
agreement for keeping the Project Gutenberg™ name
associated with the work. You can easily comply with the terms
of this agreement by keeping this work in the same format with
its attached full Project Gutenberg™ License when you share it
without charge with others.

1.D. The copyright laws of the place where you are located also
govern what you can do with this work. Copyright laws in most
countries are in a constant state of change. If you are outside
the United States, check the laws of your country in addition to
the terms of this agreement before downloading, copying,
displaying, performing, distributing or creating derivative works
based on this work or any other Project Gutenberg™ work. The
Foundation makes no representations concerning the copyright
status of any work in any country other than the United States.

1.E. Unless you have removed all references to Project

Gutenberg:

1.E.1. The following sentence, with active links to, or other

immediate access to, the full Project Gutenberg™ License must
appear prominently whenever any copy of a Project
Gutenberg™ work (any work on which the phrase “Project
Gutenberg” appears, or with which the phrase “Project
Gutenberg” is associated) is accessed, displayed, performed,
viewed, copied or distributed:

This eBook is for the use of anyone anywhere in the United

States and most other parts of the world at no cost and with
almost no restrictions whatsoever. You may copy it, give it
away or re-use it under the terms of the Project Gutenberg
License included with this eBook or online at
www.gutenberg.org. If you are not located in the United
States, you will have to check the laws of the country where
you are located before using this eBook.

1.E.2. If an individual Project Gutenberg™ electronic work is

derived from texts not protected by U.S. copyright law (does not
contain a notice indicating that it is posted with permission of the
copyright holder), the work can be copied and distributed to
anyone in the United States without paying any fees or charges.
If you are redistributing or providing access to a work with the
phrase “Project Gutenberg” associated with or appearing on the
work, you must comply either with the requirements of
paragraphs 1.E.1 through 1.E.7 or obtain permission for the use
of the work and the Project Gutenberg™ trademark as set forth
in paragraphs 1.E.8 or 1.E.9.

1.E.3. If an individual Project Gutenberg™ electronic work is

posted with the permission of the copyright holder, your use and
distribution must comply with both paragraphs 1.E.1 through
1.E.7 and any additional terms imposed by the copyright holder.
Additional terms will be linked to the Project Gutenberg™
License for all works posted with the permission of the copyright
holder found at the beginning of this work.

1.E.4. Do not unlink or detach or remove the full Project

Gutenberg™ License terms from this work, or any files
containing a part of this work or any other work associated with
Project Gutenberg™.
 1.E.5. Do not copy, display, perform, distribute or redistribute
this electronic work, or any part of this electronic work, without
prominently displaying the sentence set forth in paragraph 1.E.1
with active links or immediate access to the full terms of the
Project Gutenberg™ License.

1.E.6. You may convert to and distribute this work in any binary,
compressed, marked up, nonproprietary or proprietary form,
including any word processing or hypertext form. However, if
you provide access to or distribute copies of a Project
Gutenberg™ work in a format other than “Plain Vanilla ASCII” or
other format used in the official version posted on the official
Project Gutenberg™ website (www.gutenberg.org), you must, at
no additional cost, fee or expense to the user, provide a copy, a
means of exporting a copy, or a means of obtaining a copy upon
request, of the work in its original “Plain Vanilla ASCII” or other
form. Any alternate format must include the full Project
Gutenberg™ License as specified in paragraph 1.E.1.

1.E.7. Do not charge a fee for access to, viewing, displaying,

performing, copying or distributing any Project Gutenberg™
works unless you comply with paragraph 1.E.8 or 1.E.9.

1.E.8. You may charge a reasonable fee for copies of or

providing access to or distributing Project Gutenberg™
electronic works provided that:

• You pay a royalty fee of 20% of the gross profits you derive from
the use of Project Gutenberg™ works calculated using the
method you already use to calculate your applicable taxes. The
fee is owed to the owner of the Project Gutenberg™ trademark,
but he has agreed to donate royalties under this paragraph to
the Project Gutenberg Literary Archive Foundation. Royalty
payments must be paid within 60 days following each date on
which you prepare (or are legally required to prepare) your
periodic tax returns. Royalty payments should be clearly marked
as such and sent to the Project Gutenberg Literary Archive
Foundation at the address specified in Section 4, “Information
 about donations to the Project Gutenberg Literary Archive
Foundation.”

• You provide a full refund of any money paid by a user who

notifies you in writing (or by e-mail) within 30 days of receipt that
s/he does not agree to the terms of the full Project Gutenberg™
License. You must require such a user to return or destroy all
copies of the works possessed in a physical medium and
discontinue all use of and all access to other copies of Project
Gutenberg™ works.

• You provide, in accordance with paragraph 1.F.3, a full refund of

any money paid for a work or a replacement copy, if a defect in
the electronic work is discovered and reported to you within 90
days of receipt of the work.

• You comply with all other terms of this agreement for free
distribution of Project Gutenberg™ works.

1.E.9. If you wish to charge a fee or distribute a Project

Gutenberg™ electronic work or group of works on different
terms than are set forth in this agreement, you must obtain
permission in writing from the Project Gutenberg Literary
Archive Foundation, the manager of the Project Gutenberg™
trademark. Contact the Foundation as set forth in Section 3
below.

1.F.

1.F.1. Project Gutenberg volunteers and employees expend

considerable effort to identify, do copyright research on,
transcribe and proofread works not protected by U.S. copyright
law in creating the Project Gutenberg™ collection. Despite
these efforts, Project Gutenberg™ electronic works, and the
medium on which they may be stored, may contain “Defects,”
such as, but not limited to, incomplete, inaccurate or corrupt
data, transcription errors, a copyright or other intellectual
property infringement, a defective or damaged disk or other
medium, a computer virus, or computer codes that damage or
cannot be read by your equipment.

1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES -

Except for the “Right of Replacement or Refund” described in
paragraph 1.F.3, the Project Gutenberg Literary Archive
Foundation, the owner of the Project Gutenberg™ trademark,
and any other party distributing a Project Gutenberg™ electronic
work under this agreement, disclaim all liability to you for
damages, costs and expenses, including legal fees. YOU
AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE,
STRICT LIABILITY, BREACH OF WARRANTY OR BREACH
OF CONTRACT EXCEPT THOSE PROVIDED IN PARAGRAPH
1.F.3. YOU AGREE THAT THE FOUNDATION, THE
TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER
THIS AGREEMENT WILL NOT BE LIABLE TO YOU FOR
ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE
OR INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF
THE POSSIBILITY OF SUCH DAMAGE.

1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If

you discover a defect in this electronic work within 90 days of
receiving it, you can receive a refund of the money (if any) you
paid for it by sending a written explanation to the person you
received the work from. If you received the work on a physical
medium, you must return the medium with your written
explanation. The person or entity that provided you with the
defective work may elect to provide a replacement copy in lieu
of a refund. If you received the work electronically, the person or
entity providing it to you may choose to give you a second
opportunity to receive the work electronically in lieu of a refund.
If the second copy is also defective, you may demand a refund
in writing without further opportunities to fix the problem.

1.F.4. Except for the limited right of replacement or refund set

forth in paragraph 1.F.3, this work is provided to you ‘AS-IS’,
WITH NO OTHER WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
ANY PURPOSE.

1.F.5. Some states do not allow disclaimers of certain implied

warranties or the exclusion or limitation of certain types of
damages. If any disclaimer or limitation set forth in this
agreement violates the law of the state applicable to this
agreement, the agreement shall be interpreted to make the
maximum disclaimer or limitation permitted by the applicable
state law. The invalidity or unenforceability of any provision of
this agreement shall not void the remaining provisions.

1.F.6. INDEMNITY - You agree to indemnify and hold the

Foundation, the trademark owner, any agent or employee of the
Foundation, anyone providing copies of Project Gutenberg™
electronic works in accordance with this agreement, and any
volunteers associated with the production, promotion and
distribution of Project Gutenberg™ electronic works, harmless
from all liability, costs and expenses, including legal fees, that
arise directly or indirectly from any of the following which you do
or cause to occur: (a) distribution of this or any Project
Gutenberg™ work, (b) alteration, modification, or additions or
deletions to any Project Gutenberg™ work, and (c) any Defect
you cause.

Section 2. Information about the Mission of

Project Gutenberg™
Project Gutenberg™ is synonymous with the free distribution of
electronic works in formats readable by the widest variety of
computers including obsolete, old, middle-aged and new
computers. It exists because of the efforts of hundreds of
volunteers and donations from people in all walks of life.

Volunteers and financial support to provide volunteers with the

assistance they need are critical to reaching Project
Gutenberg™’s goals and ensuring that the Project Gutenberg™
collection will remain freely available for generations to come. In
2001, the Project Gutenberg Literary Archive Foundation was
created to provide a secure and permanent future for Project
Gutenberg™ and future generations. To learn more about the
Project Gutenberg Literary Archive Foundation and how your
efforts and donations can help, see Sections 3 and 4 and the
Foundation information page at www.gutenberg.org.

Section 3. Information about the Project

Gutenberg Literary Archive Foundation
The Project Gutenberg Literary Archive Foundation is a non-
profit 501(c)(3) educational corporation organized under the
laws of the state of Mississippi and granted tax exempt status by
the Internal Revenue Service. The Foundation’s EIN or federal
tax identification number is 64-6221541. Contributions to the
Project Gutenberg Literary Archive Foundation are tax
deductible to the full extent permitted by U.S. federal laws and
your state’s laws.

The Foundation’s business office is located at 809 North 1500

West, Salt Lake City, UT 84116, (801) 596-1887. Email contact
links and up to date contact information can be found at the
Foundation’s website and official page at
www.gutenberg.org/contact

Section 4. Information about Donations to

the Project Gutenberg Literary Archive
Foundation
Project Gutenberg™ depends upon and cannot survive without
widespread public support and donations to carry out its mission
of increasing the number of public domain and licensed works
that can be freely distributed in machine-readable form
accessible by the widest array of equipment including outdated
equipment. Many small donations ($1 to $5,000) are particularly
important to maintaining tax exempt status with the IRS.

The Foundation is committed to complying with the laws

regulating charities and charitable donations in all 50 states of
the United States. Compliance requirements are not uniform
and it takes a considerable effort, much paperwork and many
fees to meet and keep up with these requirements. We do not
solicit donations in locations where we have not received written
confirmation of compliance. To SEND DONATIONS or
determine the status of compliance for any particular state visit
www.gutenberg.org/donate.

While we cannot and do not solicit contributions from states

where we have not met the solicitation requirements, we know
of no prohibition against accepting unsolicited donations from
donors in such states who approach us with offers to donate.

International donations are gratefully accepted, but we cannot

make any statements concerning tax treatment of donations
received from outside the United States. U.S. laws alone swamp
our small staff.

Please check the Project Gutenberg web pages for current

donation methods and addresses. Donations are accepted in a
number of other ways including checks, online payments and
credit card donations. To donate, please visit:
www.gutenberg.org/donate.

Section 5. General Information About Project

Gutenberg™ electronic works
Professor Michael S. Hart was the originator of the Project
Gutenberg™ concept of a library of electronic works that could
be freely shared with anyone. For forty years, he produced and
distributed Project Gutenberg™ eBooks with only a loose
network of volunteer support.

Project Gutenberg™ eBooks are often created from several

printed editions, all of which are confirmed as not protected by
copyright in the U.S. unless a copyright notice is included. Thus,
we do not necessarily keep eBooks in compliance with any
particular paper edition.

Most people start at our website which has the main PG search
facility: www.gutenberg.org.

This website includes information about Project Gutenberg™,

including how to make donations to the Project Gutenberg
Literary Archive Foundation, how to help produce our new
eBooks, and how to subscribe to our email newsletter to hear
about new eBooks.
Welcome to our website – the ideal destination for book lovers and
knowledge seekers. With a mission to inspire endlessly, we offer a
vast collection of books, ranging from classic literary works to
specialized publications, self-development books, and children's
literature. Each book is a new journey of discovery, expanding
knowledge and enriching the soul of the reade

Our website is not just a platform for buying books, but a bridge
connecting readers to the timeless values of culture and wisdom. With
an elegant, user-friendly interface and an intelligent search system,
we are committed to providing a quick and convenient shopping
experience. Additionally, our special promotions and home delivery
services ensure that you save time and fully enjoy the joy of reading.

Let us accompany you on the journey of exploring knowledge and

personal growth!

textbookfull.com