Hannah Birkenkötter
Das Recht internationaler Organisationen als Rechtsquelle - aber für welche Akteure?
Published in German.
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- 10.1628/avr-2024-0006
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Summary
International organizations play an increasingly central role in contemporary international lawmaking, yet their role in sources theory is still underexplored. Most accounts focus on one of two questions: They either ask to what extent international organizations can generate legally binding obligations for external actors and what role so-called »soft law« plays in this regard, or they explore to what extent international organizations are bound by the sources of international law and can thus be held accountable. In this contribution, I use the 2030 Agenda on Sustainable Development to show that an overlooked, but arguably one of the most important effects of the law generated by international organizations is the effect that it has within the organization itself. The 2030 Agenda on Sustainable Development established a new paradigm for all parts of the UN system and has had effects in all its areas of work, including the UN's external activities and its interaction with member states. While declarations such as the 2030 Agenda might thus not be directly legally binding upon its member states, they have important normative effects within and beyond the UN system that are hitherto unaccounted for. This raises questions of equality and legitimacy that are touched upon in closing.