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AJIL Symposium: Congressional Oversight of International Organizations

[Paul B. Stephan is the John C. Jeffries, Jr., Distinguished Professor of Law and David H. Ibbeken '71 Research Professor at the University of Virginia School of Law.] Many scholars believe that a shift of authority to international organizations benefits the Executive Branch more than Congress. The Executive interacts directly with these organizations and bears undiluted accountability for the consequences of their actions. Congress deals with them sporadically and has weak institutional interests. Members are elected by local, rather than national, constituencies and therefore have an incentive to focus on local rather than national effects of foreign affairs, the actions of international organizations included. Therefore, some have suggested (myself included), Executive Branch actors might prefer international delegations as a means of hobbling legislative oversight. To oversimplify greatly, people like me have argued that internationalists who wish to deepen and broaden international cooperation through institutions might find themselves playing into the hands of the Imperial Presidency. Kristina Daugirdas’s excellent article pushes back against the widely held belief that international institutions augment Executive power at the expense of Congress. Rather than theorize, she does research. Her careful study of the history and pattern of legislative oversight of the World Bank demonstrates the Congress has the capacity effectively (and significantly) to influence U.S. policy toward the Bank, and even to alter the Bank’s behavior. Creation of the Bank did not lead to a surrender of the legislature’s prerogatives, but rather gave members (especially in the House) a new pressure point for extracting concessions from the Executive. The key factor that enables Congress to ride herd on the Bank, Daugirdas observes, is the Bank’s need for periodic new funding. This was not always true, as the Bank was designed to generate a positive return on its founding capital. The creation of a more aggressively redistributionist institution in the form of the International Development Association in 1960 changed this dynamic, because the IDA depends on frequent infusions of new capital. Because Congress must approve any U.S. contributions, it can hold the funding hostage to its policy preferences. Moreover, it has demonstrated an ability to monitor the Bank and thus to respond to slippage between its instructions and the Bank’s performance. In early years, when Congress instructed the U.S. Executive Director not to vote in favor of certain loans, the U.S. representative behaved as required but did nothing to alter the votes of other Directors. After Congress responded through more aggressive pressure on the funding lever, the Bank shifted course. Although the need for regular funding is the salient variable, also important is the role of departmentalism within the Executive Branch. The White House, with its own agenda as well as acting as the focal point for all the Executive’s components to express their interests, may have a particular policy, but the Treasury has the responsibility for managing the United States’s relationship with the Bank and deals regularly with Congress. When Congress has been unhappy, Daugirdas shows, it focuses its displeasure on Treasury, which in turn works hard to steer the Bank’s behavior in the direction Congress wants, whatever the White House might prefer. This article does several wonderful things.

Weekly News Wrap: December 16, 2013

Your weekly selection of international law and international relations headlines from around the world: Middle East The UN sent its first delivery of humanitarian aid by air to Syria from Iraq and said it plans to deliver more food and winter supplies to the mainly Kurdish northeast in the next 12 days. Yemen's parliament called for a stop to drone attacks in a...

Events and Announcements: December 15, 2013

Hebrew University of Jerusalem and the Freie Universität Berlin have announced a new joint 3-year interdisciplinary Doctoral Program entitled “Human Rights under Pressure – Ethics, Law and Politics” (HR-UP), funded by the German Research Foundation (DFG) and the Einstein Foundation Berlin. HR-UP offers young researchers a unique opportunity to conduct cutting-edge research on the most pressing contemporary challenges for human rights, including issues...

Weekend Roundup: November 30-December 13, 2013

This fortnight on Opinio Juris, Deborah reminisced about her handshake with Nelson Mandela during her time as a junior White House staffer and Roger posted about the day Mandela was free. Mandela's example was invoked at the WTO Ministerial Conference in Bali, where trade ministers reached their first trade agreement in years. Julian argued that the WTO however does not need the Bali Package...

Despite Deal, Iran Still Needs Pressure (and UN Sanctions)

Most reporting on the nuclear agreement with Iran has tended to generalize about the types of sanctions and the impact of the deal on these various measures, so it would be easy to assume that United Nations sanctions are being eased or lifted, but this is not the case. The deal primarily eases unilateral sanctions by the United States and...

Breaking News: U.S. State Department Grants Santa Claus a Visa Waiver

A nice light-hearted exchange at today's U.S. State Department media briefing, which shows some folks in government like Jen Psaki still have a sense of humor. Reporter: “So has the U.S. already issued a visa to Santa?” Psaki: Santa does not need a visa. He has a visa waiver in the United States. (Laughter.) So he can get to every house, and...