Description
The fundamental structural question in global governance is whether the top-level institutions of global governance are discretionary platforms used by countries in pursuit of their national interests or emerging global sovereigns able to hold countries accountable to international obligations. This paper examines our current apex global intergovernmental institutions – UNSC, UNGA, ICJ, ICC, IMF/WB, UNFCCC and WTO, with a focus on decision-making, universality and autonomy. The analysis demonstrates that, in general, these institutions are indeed platforms for discretionary use by member states, reflecting (and reproducing) inequalities of power. However, there is one exception, the ICC, which is the one apex global institution which, among other powers, can itself without prior specific consent of the states initiate an action binding on all members. It is the only emerging sovereign in the global system. Not coincidentally, it is newest apex institution and the only one whose current membership does not include the majority of the permanent members of the UNSC as well as many other regional powers. Nevertheless, the trend towards emerging sovereigns – and considerations of their design and effectiveness – are worthy of recognition and careful further study.
