It is one of the paradoxes in which law, including international law, abounds that
it is often the most fundamental problems that are the least studied. As in life, it
seems that we can get by with the day- to- day business of a legal system without
answering many of the big questions, focusing instead on specific rules and their
application to the facts before us. This may explain in part why, despite their existence
for over two hundred years, their significance for international relations for
over a hundred, and their overwhelming numerical predominance today relative
to states, we still lack an agreed understanding of what international organizations
are, even when we confine ourselves to intergovernmental organizations. Various
definitions exist, but Lorenzo Gasbarri’s concern is less the definition of an international
organization than how we conceive of such organizations as phenomena.
His implicit point, moreover, is that we cannot in fact get by, at least coherently,
with the day- to- day business of the law of international organizations, applying
specific rules to the facts before us, without an adequate common conception of an
international organization.