Hidden Gems in International Organizations Law – A Brief Introduction

International organizations law, it is fair to say, is dominated by a functionalist approach. States, so this approach provides in a nutshell, create international organizations to tackle transboundary problems. States delegate functions and competences to those organizations, and international organizations law has developed to facilitate the work of the organizations. International organizations can boast such ‘implied powers’ as are necessary for their effective functioning, and are typically granted privileges and immunities to ensure that functioning is unimpeded. Whatever the merits of such an approach (and much here may depend on the political perspective adopted), it comes with a few drawbacks. Most notably, everything that cannot be pictured in terms of the principal/agent relationship (between the organization and its member states) becomes difficult to explain and difficult to practice. The most obvious issue here is the accountability of international organizations towards third parties: since third parties are not part of the principal/agent relationship, the functionalist approach has little to offer – as numerous, ultimately fruitless attempts to establish accountability or responsibility regimes demonstrate

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