Shifting the paradigm: a typology of affected persons’ participation in international institutions

Abstract

ABSTRACTInternational law and politics are made first and foremost by states, either independently or through their exclusive membership in international organisations. Nevertheless, civil society has had access to intergovernmental decision-making arenas for several decades, mostly through NGOs. Based on Article 71 UN Charter, NGOs have been granted observer status at many international organisations to advocate for public interest issues like the protection of human rights or the environment. This public interest paradigm, however, is increasingly being challenged by the affectedness paradigm. The latter refers to the increasing participation of people who are affected by issues subject to international regulation. So far, legal scholars have largely overlooked this shift. To address this research gap, this paper examines how the affectedness paradigm has become institutionalised at different international organisations and proposes a typology of affected persons’ participation. The paper argues that affected-led advocacy has not replaced public-interest advocacy, but that the affectedness paradigm has been institutionalised in at least three different ways: the subordination, parity, and priority models. They can be placed on a scale with the priority model giving the strongest role to affected population groups.