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Looking Into the Future of the Law on International Organizations: Insights from the New Haven School
Benvenisti, Eyal
Benvenisti, Eyal
Abstract
This Article draws from the New Haven School of International Law and the writings of Professor W. Michael Reisman to examine the role of political and economic power in international organizations (IOs). It does so by focusing on one case study, the 1960 Advisory Opinion of the International Court of Justice in Constitution of the Maritime Safety Committee of the Inter-Governmental Maritime Consultative Organization (IMCO Opinion). The IMCO Opinion viewed IOs as inherently effective and trustworthy, insulating them from external rule-of-law demands. However, the Article points out a gap between these expectations and actual practice. The IMCO Opinion inadvertently allowed the global shipping industry to control the IMCO (later the International Maritime Organization) and dominate its policymaking processes, particularly concerning climate regulations, safety standards, and labor standards. This case study highlights the need for a more realistic approach to understanding the role of law and institutions in regulating power dynamics within IOs.