Icao
Rulemaking in ICAO, the ILO and the IMF: The Rise of Standards
Simon Brinsmead
Abstract
This note examines rulemaking by three international organizations: the International Civil Aviation Organization (ICAO); the International Labour Organization (the ILO) and the International Monetary Fund (the IMF). Three broad types of rulemaking are examined. The first is the sponsorship of international treaties, which gives rise to traditional international legal obligations on ratifying states. The second is the enactment of voluntary standards and codes of practice. The third type of rulemaking is the provision of services to members subject to conditions. Although the contours of rulemaking differ significantly between the three organizations, the clear trend in evidence is a movement away from the adoption of binding international rules to the adoption of less binding (or voluntary) standards and codes of practice.
1.
Introduction
This note examines rulemaking by three international organizations: the International Civil Aviation Organization (ICAO); the International Labour Organization (the ILO) and the International Monetary Fund (the IMF). Three broad types of rulemaking are examined. The first is the sponsorship of international treaties, which gives rise to traditional international legal obligations on ratifying states. The second is the enactment of voluntary standards and codes of practice. The third type of rulemaking is the provision of services to members subject to conditions. Although the contours of rulemaking differ significantly between the three organizations, the clear trend in evidence is a movement away from the adoption of binding international rules to the adoption of less binding (or voluntary) standards and codes of practice.
1
Electronic copy available at: http://ssrn.com/abstract=1002758
Standards present several advantages over binding rules. They are generally made by experts, rather than diplomats.1 They are easily
Simon Brinsmead
Abstract
This note examines rulemaking by three international organizations: the International Civil Aviation Organization (ICAO); the International Labour Organization (the ILO) and the International Monetary Fund (the IMF). Three broad types of rulemaking are examined. The first is the sponsorship of international treaties, which gives rise to traditional international legal obligations on ratifying states. The second is the enactment of voluntary standards and codes of practice. The third type of rulemaking is the provision of services to members subject to conditions. Although the contours of rulemaking differ significantly between the three organizations, the clear trend in evidence is a movement away from the adoption of binding international rules to the adoption of less binding (or voluntary) standards and codes of practice.
1.
Introduction
This note examines rulemaking by three international organizations: the International Civil Aviation Organization (ICAO); the International Labour Organization (the ILO) and the International Monetary Fund (the IMF). Three broad types of rulemaking are examined. The first is the sponsorship of international treaties, which gives rise to traditional international legal obligations on ratifying states. The second is the enactment of voluntary standards and codes of practice. The third type of rulemaking is the provision of services to members subject to conditions. Although the contours of rulemaking differ significantly between the three organizations, the clear trend in evidence is a movement away from the adoption of binding international rules to the adoption of less binding (or voluntary) standards and codes of practice.
1
Electronic copy available at: http://ssrn.com/abstract=1002758
Standards present several advantages over binding rules. They are generally made by experts, rather than diplomats.1 They are easily