The role of the legal adviser in the OSCE

Abstract

The Organization for Security and Co-operation in Europe (OSCE) functions as a forum for political dialogue and a platform for joint action on a variety of security issues. The chapter delves into the complexities and the day-to-day: discussing the OSCE’s history, expanding mandates, and evolution; its legal paradigm; and the OLA’s structure, standards, challenges, and routine practice. Unlike most international organizations, the OSCE is not treaty-based, and debate persists (among OSCE States and academics) as to whether the OSCE possesses international legal personality, privileges and immunities, and/or legal capacity. This injects an element of complexity into the legal issues that arise for the OSCE’s legal adviser and Office of Legal Affairs (OLA). This is exacerbated due to the sometimes complex and fragmented relationships between OSCE organs; because OSCE personnel are often secondees and work in dynamic security environments; and due to the presence of separate treaty bodies operating on OSCE premises. Despite such complexities, the OLA’s work is similar to that of legal advisers in most international organizations: i.e., the provision of legal advice on operations and internal rules; promotion of the rule of law in policies and activities; and performance as drafter, representative, negotiator, and litigator.