The Illegitimacy of Preventing NGO Participation

21 Pages Posted: 12 Dec 2012

See all articles by Steve Charnovitz

Steve Charnovitz

George Washington University - Law School

Date Written: 2011

Abstract

This article discusses whether non-governmental organizations (NGOs) may be excluded from the international governance system. The article describes three ideological viewpoints of NGOs: 1) state positivism, which views states as the ultimate decision-maker and finds that an international organization (IO) cannot grant any role to NGOs that is outside of the IO’s founding treaty, 2) functionalism, which finds the IO to be the decision-maker regarding the role played by an NGO, and 3) the community view, which views the IO as a compilation of decision-makers and places an individual, rather than a state, at the center. Although the majority view is that there is no obligation to permit NGO participation in IOs, I support the minority view that such a duty may exist. These categories provide innovative thoughts on how to incorporate NGOs in the international system in the future.

Keywords: Non-governmental organization, international organization, state, sovereignty, positivism, functionalism, community

JEL Classification: K33, D73

Suggested Citation

Charnovitz, Steve, The Illegitimacy of Preventing NGO Participation (2011). Brooklyn Journal of International Law, Vol. 36, 2011, GWU Legal Studies Research Paper No. 2012-143, GWU Law School Public Law Research Paper No. 2012-143, Available at SSRN: https://ssrn.com/abstract=2188557

Steve Charnovitz (Contact Author)

George Washington University - Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States

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