This thesis seeks to investigate the impact of the decisions of the International Court of Justice on third parties from the perspective of the general and specific guarantees available for the protection of their interests under the Court's Statute. In the first chapter, the general protection extended to third parties is considered from the viewpoint of the general principle of the relative effect of judicial decisions, their value as building blocks of the Court's jurisprudence and their role as a subsidiary legal source. The second and third chapters are devoted to a critical analysis of the nature, scope, effect and conditions for the operation of the specific third party guarantees, namely, intervention for the purpose of the protection of the interest of a third party and intervention when the construction of a convention is in issue in a pending case. The fourth chapter examines the position of third parties in relation to the Court's advisory jurisdiction by considering the nature and effect of advisory opinions, by defining and identifying "third parties" in the context of the advisory procedure, by assessing the nature and extent of their participation in advisory proceedings and by undertaking a brief empirical survey of the impact of advisory opinions on them. Finally, some of the principal observations are recapitulated and suggestions for improving and strengthening the third party safeguards, which have been explored, are offered. The main conclusion of this study is that in the final analysis the utility of the various third party safeguards considered, lies both in a liberal interpretation of the conditions governing their operation and in full participation by interested parties in contentious and advisory proceedings.

On March 21 1990, Namibia became an independent state after 70 years of being a mandated territory under South African control. This thesis examines the dialectical relationship between power politics and international law in securing this outcome. From the beginning when South West Africa became a pawn in the European balance of power in the late 19th century, its atypical nature amongst other colonial territories reflected the ambiguous relationship between power politics and law. The Namibia conflict was essentially driven by balance of power politics. As this thesis demonstrates, it was at once a creation, a victim and a beneficiary of power politics. Nonetheless, while power drove the conflict, law constrained it. Indeed, its history paradoxically demonstrated a degree of complementarity between the two. By itself, international law was impotent to secure change in opposition to the realities of power and the interests of the great powers. On the other hand, the Namibian question was posed within the legal framework of the international arrangements for the transfer of power, i. e. mandate system, trusteeship, and decolonization regimes. At each stage, the complex and changing relationship between power and law became manifest. From the establishment of the mandate system in 1920, the ideas of self-determination and international accountability were ingrained in the consciousness of the metropolitan power. These ideas survived to influence much of the transfer of power debate. They did not stop power politics, but over the long term, they changed the legal framework within which it operated. Consequently, international law served as an institutional device for communicating the prevailing norms of the international community to the South Africa government and restrained South Africa from annexing Namibia. Yet international law alone could never create the optimal balance of incentives and costs necessary to resolve the Namibian issue. However, as the conflict became externalized within the Cold War, the United States, acting out of self-interest in containing Soviet expansionism in Southern Africa, discovered that a solution was an effective means of achieving this objective. Thus Namibia was a beneficiary of power politics, and the international community finally sanctioned the outcome.

In this thesis, I analyse the question of the responsibility of member states of international organisations for the violation of international obligations binding their organisation vis-it-vis non-member states either on the basis of general international or in an international agreement concluded by that organisation. For this purpose, I analyse, first of all, the relationship between international organisations and international law, and the conditions of their international responsibility in case of a violation these obligations. Then, I examine the current situation regarding international remedies, which can be invoked by third parties injured by such a violation. The analysis, in this regard, shows us the problems faced by third parties in this process. On the basis of the observations in the fonner chapters, the analysis then turns to the question of the possibility of holding member states of an international organisation responsible for the violation of international obligations by their organisation. In this respect, an examination of the relevant international treaties, international reports, case law and opinion of writers, show that it is generally accepted that states cannot absolve themselves from the consequences of a violation of an international obligation binding them toward non-member states by transferring certain competences to an organisation. Thus, they can be held internationally responsible if their organisation fails to fulfil these obligations in an appropriate manner. As far as the basis of this responsibility is concerned, I argue that the constituent treaty of an international organization is to be construed as a forum of member states, in which they express their intention to deal with certain common interest areas collectively. In other words, member states create common institutions and confer certain autonomy to them for dealing with the relevant areas of common interest, thus providing the organisation with competences in those areas. As a consequence, non-member states deal with member states in those areas via this institutional structure established by the constituent treaty. However, the constituent treaty remains as the basis of the relationship between member states and non-member states, despite the separate international personality of the organisation. Therefore, alth~ugh non-member states have the duty to respect the functioning of this treaty, they can In.voke th~ responsibility of member states secondarily if the organisation fails to fulfil ~ntematronal obligations, binding both the organisation and the member states, effectIvely and properly within the legal order established by the constituent treaty.

This thesis approaches the questions of the jurisdictional immunities of international organisations and their officials as the means whereby international organisations can be accommodated within the system of international law which allocates jurisdictional competence to States. The range of doctrinal approaches to these questions in the secondary literature is considered. However, general rules on such immunities are only of limited value in that each organisation must viewed on its own merits, and in the light of its own particular functional requirements. The thesis therefore seeks to demonstrate this individuated approach empirically by mapping the extensive range of international practice, i.e. treaty provisions, official decisions and views of international organisations and decisions of international courts and tribunals. At the level of national law, a comparative survey is made of legislative practice of various States and the decisions of their courts. The immunities of international officials are an extension of the immunities of their employer organisations, and also a means of ensuring institutional coherence and integrity. This thesis concludes that there are primarily two aspects to this process of accommodation of international organisations in the system of allocation of national jurisdiction: Firstly there is a functional aspect, which concerns the degree to which national authorities may exercise jurisdiction over the relations of international organisations with third parties. This is derived from treaty law and is specifically granted to meet functional requirements of each organisation. Secondly there is an institutional aspect, which concerns the internal relations of an organisation, including the relations between its organs, its relations with its member States and its employment relations. The abstention of national courts on these issues might best be considered as a requirement deriving from the international status of organisations, and, therefore, of more general application as a requirement of customary international law.

For decades, International Relations scholars have debated the role and efficacy of international institutions in advancing international cooperation. However, scholarship that takes institutions seriously often adopts the functionalist assumption that international organizations are created as technocratic bodies to facilitate the division of economic goods. My dissertation examines the first international organizations created in the 19th century to manage international rivers (specifically the Rhine, the Danube and the Congo Rivers) and puts forward two strands of argumentation that challenges this functionalist, rationalist and technocratic view of institutional creation. First, I examine the broad social construction of the international river as an untamed space to be disciplined and redefined as a useful economic entity. In the mid-18th century, Frederick the Great wrote in a letter to Voltaire, “whoever improves the soil, cultivates land lying waste and drains swamps is making conquests from barbarism”. Here, Fredrick declared war against the barbarism and chaos of untamed nature; his battles were fought by cartographers, surveyors, engineers and statisticians to establish control over the wild world of reeds and marshes. Following from this conception of nature, 19th century international cooperation along transboundary rivers also aimed to maximize the economic utility of the river—to straighten and deepen the river to create a more efficient economic highway—which also tamed the anarchic dangers of unregulated river politics. Second, I investigate the construction the international river’s meaning at three 19th century critical junctures in European politics—the 1815 Congress of Vienna, the 1856 Peace of Paris, and the 1885 Berlin Conference. I trace how competing meanings of the transboundary river coexisted at each juncture to complicate cooperation and shape the institutional beginnings of each river commission. In doing so, I contend that these international river commissions should be seen as contingent political formations born of specific European configurations of power, rather than as a straightforward progression towards a generalizable model institution that would eventually banish international conflict.

International organisations (IOs) wield considerable influence in today’s world. Distinguishing them from other actors are the new ideas they produce and communicate that can reframe global debates. However, there is little research about how these organisations evaluate their communication activities. This thesis sets out to fill this gap by providing the first in-depth study of communication evaluation within IOs. The central question of this thesis is to assess the extent to which communication evaluation is possible within IOs with three specific questions: 1) the appropriateness and feasibility of communication evaluation methodology for IOs; 2) the influence of internal and external factors; and 3) the use of communication evaluation findings in IOs. These questions are addressed in three distinct but interlinked empirical studies framed by a conceptual framework. Article 1 provides a 15 year review of communication evaluation within IOs through analysing systematically evaluation reports. Article 2 provides an analysis and reflection on the evaluation by this author of two communication campaigns of IOs. Article 3 provides a comprehensive study on the use of evaluation findings of these two communication campaigns. This thesis found that a process of conceptualisation is needed to match the given communication activities to an appropriate evaluation methodology, implemented with a pragmatic, adaptive and participatory approach rather than imposing a standard set of methods. Evaluation was found only in a minority of IOs and there are challenges in matching evaluation methods to the range and complexity of their communication activities. Internal factors of organisational context and communication goals were found to be important and to equally impede and enable the evaluation process. Improving the efficiency of communication activities was the main use seen of evaluation findings, occurring in unexpected and often opportunistic ways, but nevertheless an indication of a specific contribution of evaluation for communication professionals.

This thesis analyses the influence and role of Nongovernmental Organisations (NGOs) on anti-corruption reform in Indonesia. A mixed methods approach based on quantitative and qualitative methods was used for the research. Statistical regression analysis of NGO demands made in the media versus degree of policy alignment helped answer the question of the extent of NGO influence on anti-corruption reform and supporting factors (and actors) in this process. The qualitative methods helped to understand why and how NGO influence (or lack thereof) was achieved. A conceptual framework drawing from several relevant bodies of literature was used as basis for the analysis. The statistical analysis showed that of all demands made by NGOs in the media over a period of four years, 17 percent were perceived to have resulted in policy influence. However, quite a significant proportion of NGO demands (38 percent) were not reflected in policy decisions and therefore likely represented demands that NGOs failed to achieve policy influence on. In the statistical regression analysis, a number of factors proved (positively) statistically significant for explaining NGO influence. The factors that were associated with perceptions of NGO influence were: a favourable public opinion to the NGO demand; high media coverage of issues linked to demands; demands related to protecting the authority of the KPK; and the support of allies with decision-making authority. Conversely, NGO demands that were not supported by these factors were more likely to fail to be translated into policy. The qualitative case study analysis also showed that demands that were focused on more technical policy issues and legislative content, as well as demands that required policy decisions implying fundamental reform of institutions such as the police or the Attorney General's Office (AGO) were less likely to be taken into account in policy decisions. The case studies and qualitative thematic analysis also helped explain the 'why' and 'how' of the statistical results by providing insights into the dynamics of NGO influence (or lack thereof) on Indonesian anti-corruption policy reform.

The ways in which legal and political principles obtaining within states can profitably be transferred to the relations of states are among the contentious issues in the study of international relations, and the term 'domestic analogy' is used to refer to the argument which supports such transfer. The 'domestic analogy' is analogical reasoning according to which the conditions of order between states are similar to those of order within them, and therefore those institutions which sustain order within states should be transferred to the international system. However, despite the apparent division among writers on international relations between those who favour this analogy and those who are critical of it, no clear analysis has so far been made as to precisely what types of proposal should be treated as exemplifying reliance on this analogy. The first aim of this thesis is to clarify the range and types of proposal this analogy entails. The thesis then examines the role the domestic analogy played in ideas about world order in the period between 1814 and 1945. Particular attention is paid to the influence of changing circumstances in the domestic and international spheres upon the manner and the extent of the use of this analogy. In addition to the ideas of major writers on international law and relations, the creation of the League of Nations and of the United Nations is also examined. The thesis then discusses the merits of the five main types of approach to world order which emerge from the preceding analysis. Each embodies a distinct attitude towards the domestic analogy. The thesis shows that there are weaknesses in the approaches based on the domestic analogy, but that ideas critical of this analogy are not entirely flawless, and explores further the conditions under which the more promising proposals may bear fruit.

La Caraïbe est un espace multidimensionnel, une mosaïque polyforme et paradoxale qui évoque la diversité, l'éparpillement.Longtemps méconnue, elle est l'objet de toutes les curiosités et est de plus en plus regardé comme un véritable laboratoire par ceux qui s'y intéressent.En effet, la Caraïbe est un ensemble de petites îles plus ou moins pauvres sur le plan économique avec une organisation politique et administrative plurielle. De nombreux statuts politiques sont hérités de la décolonisation. La Caraïbe regroupe 25 pays et 11 territoires non indépendants qui pour la plupart, comptent moins de 500 000 habitants. 24 sont des îles, parties d'îles ou ensembles de territoires insulaires.De nombreux programmes d'aide sont mis en place par les métropoles, les pays de la Caraïbe mènent une politique active d'intégration en constituant des institutions régionales, pourtant ces pays ne semblent pas décoller économiquement.Parallèlement, la région est remarquée pour ces faits de violence accrue, de criminalité, de narcotrafic, de catastrophes naturelles, de maladies vectorielles, autant d'éléments qui influencent l'une des activités économiques prospère, le tourisme.Idées préconçues et réalité, telle est la problématique à laquelle tente de répondre cette thèse en examinant la corrélation entre les organisations institutionnelles et le développement économique à l'heure de la mondialisation.Pour des raisons de cohérence, ma recherche est limitée à la dizaine de pays anglophones de la zone des Caraïbes. / The Caribbean is a multidimensional space, a multi-faceted and paradoxical mosaic that evokes diversity, scattering.For a long time unknown, it is the object of all curiosities and is increasingly regarded as a real laboratory for those who are interested in.Indeed, the Caribbean is a set of small islands more or less poor economically with a plural political and administrative organization. Many political statuses are inherited from decolonization.The Caribbean comprises 25 countries and 11 non-independent territories, most of which have 500,000 inhabitants. 24 are islands, parts of islands or sets of island territories.Many programs of assistance are set up by the metropolis, the Caribbean countries carry out an active policy of integration by constituting regional institutions, yet these countries do not seem to take off economically.At the same time, the region is noticed for these acts of increased violence, crime, drugs trade, natural disasters, vector-borne diseases, all of which influence one of the prosperous economic activities, tourism.Preconceived ideas and reality, this is the problem that this thesis attempts to answer by examining the correlation between institutional organizations and economic development in the globalization era.For coherence reasons, my research is limited to the ten English-speaking countries of the Caribbean zone.

This thesis examines the role of international organisations in disability mainstreaming policies in Turkey. Turkey is a particularly interesting case study, as it combines traditional values coupled with ambitions to be an internationally respected European state. International organisations include the European Union, the World Bank, the International Labour Organization, the World Health Organization, the United Nations Educational, Scientific and Cultural Organization, the United Nations Development Programme, the United Nations Children’s Fund and Organization of Islamic Cooperation. A multidisciplinary approach was taken which involved social policy, history, disability studies, international relations, and politics. The research used a case study based on analysis of 275 policy documents, 47 semi-structured and two focus group interviews. The participants have all been directly involved in decision-making processes at international and/or local level. The thesis argues that disability mainstreaming is partial and selective as a result of the interaction between the traditional values and structures in Turkey and the aims and practices of international organisations.