‘International organisations cannot function without trust from their member states’
While trust in multilateral collaboration is under pressure, the need for joint solutions remains high. Professor Fernando Bordin is examining the role that international law can play in this.
‘International law very clearly shows that law ultimately depends on commitment to both the idea and the practice of law,’ says Bordin. Unlike national legal systems, there is no central government at the international level that can constantly compel states to comply. To a large extent, states have to commit themselves to the rules.
According to Bordin, international organisations in particular have served as a means of further institutionalising international collaboration. States establish organisations with their own bodies, powers and procedures. This makes collaboration in areas such as human rights, the environment and peace and security more ambitious than if countries were to act solely through traditional diplomacy.
However, the system only works if the parties continue to believe in it, and that confidence is under pressure. The United Nations is facing financial difficulties, the World Trade Organization has lost much of its influence and the International Criminal Court is experiencing resistance to its rulings. ‘If major powers no longer believe in international law and international institutions, the future becomes very uncertain,’ says Bordin. He goes on to describe the current situation as a potential tipping point. Nobody knows what the international order will look like in the future, and that is why Bordin’s research focuses on the legal questions that may arise.
A never-ending tug-of-war
A recurring theme in Bordin’s research is the relationship between international organisations and the states that founded them. States want an organisation to be effective and ambitious, but can also show resistance if they believe it is assuming too much power. ‘It’s a question of give and take,’ says Bordin.
In his view, this tension between autonomy and control is not a temporary phenomenon but a structural feature of the law governing international organisations. Member states must give the organisation sufficient scope to carry out its mandate. At the same time, organisations must abide by the rules and remain within that mandate. According to Bordin, the European Union and the World Health Organization clearly illustrate just how complex that balance can be in practice.
This also means that reform might be necessary. But Bordin feels that reforms do not have to provide the perfect solution straight away: ‘Gradual change is better than no change at all.’ A crisis can even provide an opportunity to reflect on what needs to change. If circumstances subsequently change and the political will returns, action can then be taken more quickly.
From the UN to regional collaboration?
Bordin does not rule out the possibility that the United Nations could play a lesser role in the future. In that scenario, regional organisations such as the European Union, the African Union, ASEAN and organisations in Latin America could take on greater responsibility. That would not necessarily mean less collaboration, but it could result in a different international order.
Such a shift raises new questions for legal experts. What happens when a regional organisation enters into agreements with a country that is not a member state? Which rights and obligations does such an organisation have towards non-members? And who is responsible when an organisation breaches international law? In his inaugural lecture, Bordin discusses four key characteristics that are relevant in this context: organisations’ international legal personalities, their rights and obligations, the legal separation between organisations and member states, and the internal legal order.
This research ties in with Bordin’s plans for the coming years in Leiden: to gain a better understanding of what international organisations are from a legal perspective and how they relate to public international law. He also wants to remain open to new challenges that the world will inevitably encounter in the years to come.
A perspective from the ‘Global South’
Bordin also brings his own background to his work. He was born, raised and educated in Brazil. He later studied and worked at institutions in the US and the UK, including the University of Cambridge, where he continues to work as a College Associate Professor. He believes that these various perspectives influence his view on international law and international organisations: ‘This field should not be the exclusive domain of established professors from the Global North.’
Drawing on this broad perspective, Bordin aims to help shape legislation that is equipped to deal with the challenges that lie ahead. It is especially in times of uncertainty that he seeks to explore what is needed to promote international collaboration and safeguard international law.
Inaugural lectures by Leiden University professors can be followed live online. On Monday 14 September, from 16.00 to 17.00, Fernando Bordin will deliver his inaugural lecture entitled ‘The Public International Law of International Organisations’.
Since March 2025, Professor Bordin has held the Chair in International Institutional Law, succeeding prof.dr. Niels Blokker. The chair is financed by the Professor H.G. Schermers Fund. This fund, which is managed by the Leiden University Fund, was established by Mr and Mrs Schermers in 2002. Professor H. G. Schermers was a Professor of the Law of International Organisations at Leiden University from 1978 until his retirement in 1993.