Peter Quayle先生于今年1月开始担任英国剑桥大学劳特派特国际法中心客座研究员，于2017年开始担任北京大学法学院访问教授。Peter Quayle先生求学于英国牛津大学和伦敦大学，并曾先后就职于美国司法部、欧洲复兴开发银行和亚洲基础设施投资银行。他在国际组织法领域有着丰富的实践和研究经验，目前学术研究的重点是国际公务员法。
The Reform of International Organizations:The Law and Governance of Multilateral Adaptation
Peking University Law School
Visiting Professor, Peter Quayle
Short Course: 12 May – 2 June 2021
‘If the United Nations is to remain relevant and reliable, we must vigorously enact proactive reforms that are motivated by the objective of achieving better results for those most affected.’
—António Guterres, Secretary-General, United Nations (2017)
‘The reform of the Food and Agriculture Organization’s management and structure is and will be crucial to the success of our mandate and mission.’
—Qu Dongyu, Director-General, Food and Agriculture Organization (2019)
‘The world needs the World Trade Organization. And the WTO needs extensive and serious reform.’
—Ngozi Okonjo-Iweala, Director-General, World Trade Organization (2021)
International organizations—institutions created by States, possessed of a treaty-basis with an independent international legal personality—have proven a durable format for multilateral cooperation. Since the end of the Second World War, international organizations have assumed profound powers and responsibilities in response to humanity’s gravest challenges: maintaining international peace and security, social and economic empowerment, and latterly, combatting climate change. However, these great institutions—the UN, FAO and WTO are just three examples—have been constantly reinvented to remain relevant, and successive leaders champion reforms to renew and reinvigorate international organizations. This short course then, is intended to examine the law and governance of this continual and critical adaptation by institutionalized multilateralism.
· In preparation for each class, students must read all three assigned readings and be prepared to discuss and debate in detail the readings headed ‘For Discussion’.
· Discussions will be in-person and student-moderated; kindly supervised by Professor Yifeng Chen.
1. The Treaty-Basis of International Organizations: Constant Flexibility, Flexible Constancy
The legal basis of international organizations are constituent instruments—multilateral treaties—governed by public international law. The constituent instrument both empowers and constrains an international organization. We shall look at the way in which it is, on one hand, susceptible to interpretation, and on the other hand, immutable unless formally amended.
· Jan Klabbers, An Introduction to the Law of International Organizations , Cambridge University Press, 2015, Ch. 4, ‘International organizations and the law of treaties’ pp. 70-89
· Kenneth Abbot and Duncan Sindal, ‘Why States Act Through Formal International Organizations’, 42 Journal of Conflict Resolution (1998) 3-32
· Jan Klabbers, ‘The Transformation of International Organizations Law’, 26 European Journal of International Law (2015) 9-82
2. Membership and Member State Representation: Governance Structures, Decision-Making and Other Reforming Influences
International organizations are comprised of different ‘organs’ with functions attributed by the constituent instrument. The way these organs are structured and how they enable Member States to govern an international organization is relevant to the realization of reform. We shall also consider other informal governance factors—not least, how the institution is financed—and whether this adds to the reforming influence of some States.
· Jan Klabbers, An Introduction to the Law of International Organizations , Cambridge University Press, 2015, Ch. 10, ‘Institutional structures’ pp. 207-241
· Jacob Katz Cogan, ‘Representation and Power in International Organization: The Operational Constitution and its Critics’, 103 American Journal of International Law (2009) 209-263
· B. S. Chimni, ‘International Institutions Today: An Imperial Global State in the Making’, 15 European Journal of International Law (2014) 1-37
3. The International Civil Service: Restructuring and Reinvigorating the Multilateral Secretariat
Every international organization depends upon a workforce to translate the high ideals of Member States into practical action. We shall see how the loyalty and ability of these international officials—the international civil service—and the way they are led and organized, is essential to understanding the possibilities and pitfalls of attempted reforms of international organizations.
· Jan Klabbers, An Introduction to the Law of International Organizations , Cambridge University Press, 2015, Ch. 11, ‘The bureaucracy’ pp. 242-264
· Guy Fiti Sinclair, ‘The International Civil Servant in Theory and Practice: Law, Morality, and Expertise’, 26 European Journal of International Law (2015) 747-766
· Stephen Schwebel, ‘The International Character of the Secretariat of the United Nations’, British Year Book of International Law 30 (1953) 71-115
4. The Legitimacy and Accountability of International Organizations: Privileges, Immunities and Crises of Confidence
The privileges and immunities of international organizations limit the influence of litigation and legal liability. But, these institutions depend upon legitimacy and accountability to leverage their resources and extend their influence. As we shall see, if this is compromised, it may led to a collapse in legitimacy. Reforms often aim at restoring trust in international organizations and renewing confidence in their ability to carry out their important tasks.
· Jan Klabbers, An Introduction to the Law of International Organizations , Cambridge University Press, 2015, Ch. 7, ‘Privileges and immunities’ pp. 130-154
· Kristina Daugirdas and Sachi Schuricht, ‘Breaking the Silence: Why International Organizations Should Acknowledge Customary International Law Obligations to Provide Effective Remedies’ pp. 54-87 in Peter Quayle (ed.), The Role of International Administrative Law at International Organizations , Brill Nijhoff, 2020
· Jan Klabbers, ‘Two Concepts of International Organization’, 2 International Organizations Law Review (2005) 277-293