Transformation of the Law-Making Function of International Organizations

Abstract

The paper presents a comprehensive analysis of the transformation of the law-making function of international organizations, reveals the dialectic of the relationship between formal legitimacy and the actual effectiveness of their acts. It is proved that the evolution of theoretical approaches to the law-making of international organizations has gone from a contractual analogy through the theory of delegation to the concept of international legislation. It has been established that in modern conditions, the formal legal force of acts of international organizations does not always determine their actual effectiveness, namely the instruments of «soft» law often demonstrate a high degree of influence on the behavior of subjects of international law. The study, based on a set of general scientific and special legal methods, analyzes the law-making activities of key international organizations (UN, WHO, ILO, ICAO, OECD) and the problem of the legal validity of their acts. Special attention is given to the ultra vires doctrine and mechanisms for ensuring the effectiveness of advisory acts. Modern trends in the law-making activities of international organizations have been identified: the diversification of forms of rulemaking, the strengthening of technocratic elements, the interpenetration of regulatory regimes, the increasing role of regional organizations and non-state actors, the deformation of law-making procedures and increased attention to issues of legitimacy. The author concludes that it is necessary to find a balance between the effectiveness, legitimacy and flexibility of international rulemaking in the context of global challenges and fragmentation of international law.