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Institutional Law Making

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Chapter Summary

This Chapter examines GCS access and legal contributions to international institutional lawmaking arrangements: inter-state or inter-governmental organizations (IGOs) and their organs, UN specialised agencies, programmes, funds and UN-related bodies, 'autonomous' conferences or meetings of the parties (COP/MOPs) created under multilateral environmental (framework) agreements (MEAs), and regional IGOs. Their common legal characteristics are: establishment by international agreement between States, under international law, and at least one legally autonomous entity. Even though international institutions are rarely granted express lawmaking powers, they have evolved from acting as agents of States to important contemporary law-makers in their own right. The chapter focuses on quasi-legislative 'lawmaking' by the other UN organs. The GA is the organ most analogous to a legislative organ, and the SC has acted quasi-legislatively. It explores how NGOs have increased their engagement with the SC and GA and whether they have contributed legally to their normative pronouncements.

Keywords: global civil society (GCS); institutional lawmaking; inter-governmental organizations (IGOs); international law; NGOs; UN organs



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