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  Conceptualising Accountability in the Legal and Institutional Framework of the OSCE

Moser, C. (2018). Conceptualising Accountability in the Legal and Institutional Framework of the OSCE. MPIL Research Paper Series, 2018-17. doi:10.2139/ssrn.3228528.

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Item Permalink: http://hdl.handle.net/21.11116/0000-0003-E538-C Version Permalink: http://hdl.handle.net/21.11116/0000-0003-E539-B
Genre: Paper

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Date written/posted: 2018-08-08, last revised: 2018-08-15.

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 Creators:
Moser, Carolyn1, Author              
Affiliations:
1Max Planck Institute for Comparative Public Law and International Law, Max Planck Society, ou_3029158              

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Free keywords: OSCE, legal personality, legal capacity, privileges and immunities, formalisation, indeterminacy
 Abstract: This paper (forthcoming in Steinbrück Platise/Moser/Peters (eds), The Legal Framework of the OSCE, Cambridge University Press) investigates accountability in the context of the OSCE, considering the Organisation’s unsettled legal framework. The analysis unfolds in three parts. The focus of the first part is on outlining the conceptual framework. Approached from a constitutional – that is power-centred – perspective, accountability is defined as a mechanism in which the power-wielder (actor) is held to account by a meaningful other (forum) in a three-step process as conceptualised by Bovens. Accountability mechanisms can thus cover a wide range of issues (legal, political and administrative matters) and activities (decision-making, steering and implementation). The second part then goes on to contextualise accountability in a broader governance scheme. Here, the paper inter alia inquires what the decisive criterion for accountability in the international arena would be, given that much public power is channelled through formal as well as informal international institutions. In the third and last part, existing accountability arrangements in the current OSCE framework are mapped and the relevance of accountability for the OSCE is discussed, also with reference to other international institutions entrusted with similar functions and tasks.

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Language(s): eng - English
 Dates: 2018
 Publication Status: Published online
 Pages: 22
 Publishing info: -
 Table of Contents: -
 Rev. Type: -
 Degree: -

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Title: MPIL Research Paper Series
  Other : Max Planck Institute for Comparative Public Law and International Law research paper series
Source Genre: Series
 Creator(s):
Max Planck Institute for Comparative Public Law and International Law, Max Planck Society, Editor              
Affiliations:
-
Publ. Info: Social Science Electronic Publishing
Pages: - Volume / Issue: - Sequence Number: 2018-17 Start / End Page: - Identifier: -