The Global Water Partnership: Between Institutional Flexibility and Legal Legitimacy

International Organizations Law Review 8 (2011) 367–395

29 Pages Posted: 4 Jun 2012

See all articles by Edouard Fromageau

Edouard Fromageau

Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law

Date Written: June 4, 2012

Abstract

The Global Water Partnership (GWP) represents a new kind of institution that raises various interesting questions in terms of international institutional law. Established in 1996 as a “virtual organization”, it progressively evolved to become in 2002 a twofold institution structured around, on the one hand, a network without legal personality and, on the other hand, an international organization with full legal personality under international law. This article aims to analyze this unique structure and its consequences on membership and organic issues. The reasons underpinning this evolution will also be studied. If institutional flexibility prevailed in the early life of the institution, practical problems and concerns about legal legitimacy have led to a more formal structure in its later life. Principles such as those developed by the Global Administrative Law (GAL) project, namely legitimacy, transparency and accountability, have been also widely used to shape and organize this structure.

Keywords: international organizations, international institutional law, water law, global administrative law

Suggested Citation

Fromageau, Edouard, The Global Water Partnership: Between Institutional Flexibility and Legal Legitimacy (June 4, 2012). International Organizations Law Review 8 (2011) 367–395. Available at SSRN: https://ssrn.com/abstract=2075834

Edouard Fromageau (Contact Author)

Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law ( email )

4, rue Alphonse Weicker
Luxembourg, L-2721
Luxembourg

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