Petman, Jarna --- "Deformalization of International Organizations Law" [2011] ELECD 531; in Klabbers, Jan; Wallendahl, Åsa (eds), "Research Handbook on the Law of International Organizations" (Edward Elgar Publishing, 2011)

Book Title: Research Handbook on the Law of International Organizations

Editor(s): Klabbers, Jan; Wallendahl, Åsa

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847201355

Section: Chapter 15

Section Title: Deformalization of International Organizations Law

Author(s): Petman, Jarna

Number of pages: 33

Extract:

15 Deformalization of international
organizations law
Jarna Petman



Once you start down the antiformalist road, there is no place to stop.
Stanley Fish (1999: 2)

International organizations are set up to meet functional needs. There will,
however, always remain at least some uncertainty as to exactly what those
needs are, exactly what the correct interpretation of those needs is, and exactly
how they are to be applied in each particular case. It is this ever present uncer-
tainty that leads to the deformalization of international organizations law.
Let us assume, for example, that there arises a need to reach for world
peace. Eventually, states will come together to negotiate a set of rules for
peace and to agree on the establishment of an organ that will be entrusted with
the governance and supervision of those rules. A set of rules to govern that
organization will also have to be agreed upon. In those rules the functions of
the organization will be expressed. Indeed, the functions of any international
organization will always be expressed in its rules. In fact, that they are so
expressed is an absolutely essential aspect of them. Without rules, those in the
positions of power within an organization would be left free to simply trans-
late their own interests and needs into the functional needs of the whole. So, a
constitution is required. However, while constitutional rules will be needed
they will not be enough. This is because they are indeterminate and may be
interpreted in conflicting ...