ABSTRACT
This chapter considers the impact of the operational activities of international organizations on the development of international law. Various trends in the practices of international organizations illustrate the phenomenon. But to the extent that international organizations act autonomously in engaging in these practices, the law-making process is one step removed from state consent. The "responsibility to protect" norm has its origins in the controversial doctrine of humanitarian intervention. The right to political participation has certainly become more precise as a result of election-monitoring and other operational activities. The chapter examines the concept of "soft law" and illustrates how it may "harden". It discusses several areas of practice in which such "hardening" seems to be underway. Two important theoretical implications follow from the improving analysis. First, it suggests a more nuanced and pluralistic, though less predictable, form of law-making. The second theoretical implication concerns the impact of argumentation on the conduct of international affairs.
