Legal Advisers in International Organizations

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Legal Advisers in International Organizations

9781785363160 Edward Elgar Publishing
Edited by Jan Wouters, Full Professor of International Law and International Organizations, Jean Monnet Chair ad personam EU and Global Governance and Director, Institute for International Law and Leuven Centre for Global Governance Studies, KU Leuven, Belgium
Publication Date: 2023 ISBN: 978 1 78536 316 0 Extent: 458 pp
This unique book presents an in-depth analysis of the provision of legal advice at international organizations. It elucidates the dual role of legal advisers as representatives of their organization and as international civil servants acting as protectors and promoters of international law.

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Critical Acclaim
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This unique book presents an in-depth analysis of the provision of legal advice at international organizations. It elucidates the dual role of legal advisers as representatives of their organization and as international civil servants acting as protectors and promoters of international law.

Analysing the effects of internal and external factors on the work of advisers, including organizational specificity, political influences, and institutional position, this book identifies and examines common legal practices across organizations. Chapters discuss case studies of legal advisers working at various global organizations, including the United Nations, the European Union, UNESCO, the World Health Organization and the World Bank Group, as well as regional and cross-regional organizations such as NATO and the European Space Agency. Contributors emphasise the importance of collegiality and networking between legal advisers and analyse the differences in the delivery of legal services within both governmental and private contexts.

Presenting a broad perspective on the work of legal advisers at international organizations, this book will be vital reading for students, scholars, and practitioners of global governance, international law and political science. It will also be beneficial to legal advisers working for international organizations, lawyers, politicians and sociologists.
Critical Acclaim
‘Jan Wouters’ ambitious project has yielded the most comprehensive work to date that documents firsthand insights of legal advisers into this increasingly important domain of international law.’
– Malcolm Jorgensen, Zeitschrift für ausländisches öffentliches Recht und Völkerrecht (ZaöRV)

‘A must-have reference source for truly understanding the challenges and rewards of functioning as a lawyer in an intergovernmental international organization. Drawing on the experiences of lawyers functioning in diverse global and regional organizations, ranging from the UN/WHO/WB to the EU/OSCE and NATO, the reader gains a remarkable sense of how a lawyer’s skills can be used in the context of a particular organization. The stresses and strains of advocating for and achieving consistency, predictability, clarity and precision – a lawyer’s “bread and butter” – within the framework of varied international organizations present fascinating lessons for those interested in learning how the “rule of law” is pursued and maintained in these important organizations.’
– Larry D. Johnson, former UN Assistant Secretary-General for Legal Affairs
Contributors
Contributors: Nicola Bonucci, Gian Luca Burci, Corinne Champilou, Chantal Claxton-Proust, Hans Corell, Naicheng Deng, Pascale Hélène Dubois, Artur Eberg, Simone Egerton, Frank Fariello, Marco Ferrazzani, Ricardo Gosalbo Bono, Ricardo Guilherme Filho, Steven Hill, Peri Lynne Johnson, Frederick J. Kenney, Jr., Sheherezade Malik, Borja Montes Toscano, Melony Morgan, Andrés B. Muñoz Mosquera, Frederik Naert, Claudia Nannini, James Rischbieth, Donata Rugarabamu, Miguel de Serpa Soares, Collin Swan, Lisa Tabassi, Annick Vanhoutte, Maria Vicien Milburn, Stephen Walsh, Ludwig Weber, Jan Wouters
Contents
Contents:

1 Legal advisers in international organizations: Uncovering
a little-known world 1
Jan Wouters and James Rischbieth

PART I GLOBAL ORGANIZATIONS
2 The role of the legal adviser in an inclusive, networked
multilateralism 32
Miguel de Serpa Soares
3 The role of the legal adviser in the United Nations: A testimony 51
Hans Corell
4 The Legal Affairs Directorate at the International Bureau
of the Universal Postal Union 78
Ricardo Guilherme Filho and Melony Morgan
5 The Food and Agriculture Organization of the United Nations 98
Annick Vanhoutte and Donata Rugarabamu
6 The role of the legal adviser in UNESCO 118
Maria Vicien Milburn and Chantal Claxton-Proust
7 The International Civil Aviation Organization 145
Ludwig Weber and Artur Eberg
8 The Office of the Legal Counsel of the World Health
Organization 159
Claudia Nannini and Gian Luca Burci
9 The Legal Affairs Office of the International Maritime
Organization 194
Frederick J. Kenney Jr and Simone Egerton
10 The World Bank Group sanctions system 227
Pascale Hélène Dubois, Frank Fariello, Collin Swan,
Corinne Champilou, Sheherezade Malik and Naicheng Deng
11 The legal adviser of the IAEA: History, mission,
processes, and key developments in the international
nuclear legal framework 259
Peri Lynne Johnson

PART II REGIONAL AND CROSS-REGIONAL ORGANIZATIONS
12 Legal advisers in the European Union: The case of the
Council Legal Adviser and the Council Legal Service 289
Ricardo Gosalbo Bono and Frederik Naert
13 The Organisation for Economic Co-operation and
Development (OECD) and its General Counsel: An
evolving role in an evolving organization 315
Nicola Bonucci
14 Practicing law at NATO headquarters 337
Steven Hill
15 The practice of public international law at NATO
‘Supreme Headquarters’ (SHAPE) 351
Andrés B. Muñoz Mosquera and Borja Montes Toscano
16 The role of the legal adviser in the OSCE 372
Lisa Tabassi and Stephen Walsh
17 The European Space Agency: The role of the legal
counsel in a specialized organization and as a space law-maker 390
Marco Ferrazzani

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