The Exercise Of Public Authority By International Institutions

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The Exercise of Public Authority by International Institutions

Author : Armin Bogdandy
Publisher : Springer Science & Business Media
ISBN 13 : 3642045316
Total Pages : 990 pages
Book Rating : 4.6/5 (42 download)

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Book Synopsis The Exercise of Public Authority by International Institutions by : Armin Bogdandy

Download or read book The Exercise of Public Authority by International Institutions written by Armin Bogdandy and published by Springer Science & Business Media. This book was released on 2010-02-11 with total page 990 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of global governance, which first emerged in the social s- ences, has triggered different responses in the discipline of law. This volume contains our proposal. It approaches global governance from a public law perspective which is centered around the concept of inter- tional public authority and relies on international institutional law for the legal conceptualization of global governance phenomena. This proposal results from a larger project which started in 2007. The project is a collaborative effort of the directors of the Max Planck Ins- tute for Comparative Public Law and International Law, research f- lows and friends of the Institute, as well as eminent members of the Law Faculty of the University of Heidelberg. Most of the materials contained in this volume were first published in the November 2008 - sue of the German Law Journal (http://www.germanlawjournal.com). We would like to express our sincere gratitude to the journal’s editors in chief, Professors Russell Miller (Washington and Lee University School of Law) and Peer Zumbansen (Osgoode Hall Law School, York U- versity, Toronto), for the opportunity to publish our papers as a special issue of their journal. The 2008-2009 University of Idaho College of Law German Law Journal student editors deserve special recognition for their hard and diligent work during the publication process. At the Institute, Eva Richter, Michael Riegner and the editorial staff of this publication series were instrumental in bringing this publication to fr- tion.

International Judicial Lawmaking

Author : Armin Von Bogdandy
Publisher : Springer
ISBN 13 : 9783642295881
Total Pages : 514 pages
Book Rating : 4.2/5 (958 download)

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Book Synopsis International Judicial Lawmaking by : Armin Von Bogdandy

Download or read book International Judicial Lawmaking written by Armin Von Bogdandy and published by Springer. This book was released on 2012-04-28 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past two decades new international courts have entered the scene of international law and existing institutions have started to play more significant roles. The present volume studies one particular dimension of their increasing practice: international judicial lawmaking. It observes that in a number of fields of international law, judicial institutions have become significant actors and shape the law through adjudication. The contributions in this volume set out to capture this phenomenon in principle, in particular detail, and with regard to a number of individual institutions. Specifically, the volume asks how international judicial lawmaking scores when it comes to democratic legitimation. It formulates this question as part of the broader quest for legitimate global governance and places it within the context of the research project on the exercise of international public authority at the Max Planck Institute for Comparative Public Law and International Law.

Allocating Authority

Author : Joana Mendes
Publisher : Bloomsbury Publishing
ISBN 13 : 150991191X
Total Pages : 309 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Allocating Authority by : Joana Mendes

Download or read book Allocating Authority written by Joana Mendes and published by Bloomsbury Publishing. This book was released on 2018-01-11 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question of which European or international institution should exercise public authority is a highly contested one. This new collection offers an innovative approach to answering this vexed question. It argues that by viewing public authority as relative, it allows for greater understanding of both its allocation and its legitimacy. Furthermore, it argues that relations between actors should reflect the comparative analysis of the legitimacy assets that each actor can bring into governance processes. Put succinctly, the volume illustrates that public authority is relative between actors and relative to specific legitimacy assets. Drawing on the expertise of leading scholars in the field, it offers a thought-provoking and rigorous analysis of the long debated question of who should do what in European and international law.

The Law of Global Governance

Author : Eyal Benvenisti
Publisher : BRILL
ISBN 13 : 9004279121
Total Pages : 334 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The Law of Global Governance by : Eyal Benvenisti

Download or read book The Law of Global Governance written by Eyal Benvenisti and published by BRILL. This book was released on 2014-06-11 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Also available as an e-book The book argues that the decision-making processes within international organizations and other global governance bodies ought to be subjected to procedural and substantive legal constraints that are associated domestically with the requirements of the rule of law. The book explains why law — international, regional, domestic, formal or soft — should restrain global actors in the same way that judicial oversight is applied to domestic administrative agencies. It outlines the emerging web of global norms designed to protect the rights and interests of all affected individuals, to enable public deliberation, and to promote the legitimacy of the global bodies. These norms are being shaped by a growing convergence of expectations of global institutions to ensure public participation and representation, impartiality and independence of decision-makers, and accountability of decisions. The book explores these mechanisms as well as the political and social forces that are shaping their development by analysing the emerging judicial practice concerning a variety of institutions, ranging from the UN Security Council and other formal organizations to informal and private standard-setting bodies.

Legitimacy in International Law

Author : Rüdiger Wolfrum
Publisher : Springer Science & Business Media
ISBN 13 : 3540777644
Total Pages : 423 pages
Book Rating : 4.5/5 (47 download)

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Book Synopsis Legitimacy in International Law by : Rüdiger Wolfrum

Download or read book Legitimacy in International Law written by Rüdiger Wolfrum and published by Springer Science & Business Media. This book was released on 2008-02-26 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.

The Exercise of Public Authority Through Informal International Lawmaking

Author : Joost Pauwelyn
Publisher :
ISBN 13 :
Total Pages : 42 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis The Exercise of Public Authority Through Informal International Lawmaking by : Joost Pauwelyn

Download or read book The Exercise of Public Authority Through Informal International Lawmaking written by Joost Pauwelyn and published by . This book was released on 2016 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt: An increasing number of fora and networks have been recognised to play a role in international or transnational normative processes. While lawmaking by formal, intergovernmental international organizations received abundant attention over the past years, we know less about a phenomenon that this paper refers to as 'informal international lawmaking' (IN-LAW). Lawyers struggle with the new and extensive normative output in global governance. We nevertheless use the term 'law' to connote the exercise of public authority, as opposed to what is often referred to more broadly as 'regulation' (covering both public and private regulation). IN-LAW, as we define it, can include private actor participation, but excludes cooperation that only involves private actors. The present paper thus purports to introduce the concept of 'informal international lawmaking' and it will present some findings based on case studies in the IN-LAW project related to the reasons for actors to opt for informal lawmaking. We also analyse whether - and to what extent - IN-LAW bodies are subject to some form of accountability and, if so, in what form and at what level. Finally, we will look at some consequences of informal international lawmaking, in particular in relation to the changing role of law in global governance.

Global Governance and the Emergence of Global Institutions for the 21st Century

Author : Augusto Lopez-Claros
Publisher : Cambridge University Press
ISBN 13 : 1108476961
Total Pages : 561 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Global Governance and the Emergence of Global Institutions for the 21st Century by : Augusto Lopez-Claros

Download or read book Global Governance and the Emergence of Global Institutions for the 21st Century written by Augusto Lopez-Claros and published by Cambridge University Press. This book was released on 2020-01-23 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: Identifies the major weaknesses in the current United Nations system and proposes fundamental reforms to address each. This title is also available as Open Access.

An Introduction to International Organizations Law

Author : Jan Klabbers
Publisher : Cambridge University Press
ISBN 13 : 1108842208
Total Pages : 423 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis An Introduction to International Organizations Law by : Jan Klabbers

Download or read book An Introduction to International Organizations Law written by Jan Klabbers and published by Cambridge University Press. This book was released on 2022-03-10 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a framework for understanding how organizations are set up and the logic behind international organizations law.

The International Legal Order

Author : Ingrid Detter Delupis
Publisher : Dartmouth Publishing Company
ISBN 13 :
Total Pages : 622 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The International Legal Order by : Ingrid Detter Delupis

Download or read book The International Legal Order written by Ingrid Detter Delupis and published by Dartmouth Publishing Company. This book was released on 1994 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work is based on long-term research into State practice combined with the development of a theoretical foundation of such practice, which explains the behaviour of states as subject to clear legal restraints. It argues that state practice is not compatible with traditional concepts of international law and that a fresh approach is required.

International Organizations and the Idea of Autonomy

Author : Richard Collins
Publisher : Routledge
ISBN 13 : 1136806059
Total Pages : 566 pages
Book Rating : 4.1/5 (368 download)

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Book Synopsis International Organizations and the Idea of Autonomy by : Richard Collins

Download or read book International Organizations and the Idea of Autonomy written by Richard Collins and published by Routledge. This book was released on 2011-04-20 with total page 566 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Organizations and the Idea of Autonomy is an exploratory text looking at the idea of intergovernmental organizations as autonomous international actors. In the context of concerns over the accountability of powerful international actors exercising increasing levels of legal and political authority, in areas as diverse as education, health, financial markets and international security, the book comes at a crucial time. Including contributions from leading scholars in the fields of international law, politics and governance, it addresses themes of institutional autonomy in international law and governance from a range of theoretical and subject-specific contexts. The collection looks internally at aspects of the institutional law of international organizations and the workings of specific regimes and institutions, as well as externally at the proliferation of autonomous organizations in the international legal order as a whole. Although primarily a legal text, the book takes a broad, thematic and inter-disciplinary approach. In this respect, International Organizations and the Idea of Autonomy offers an excellent resource for both practitioners and students undertaking courses of advanced study in international law, the law of international organizations, global governance, as well as aspects of international relations and organization.

International Judicial Lawmaking

Author : Armin Von Bogdandy
Publisher : Springer
ISBN 13 : 9783642295867
Total Pages : 0 pages
Book Rating : 4.2/5 (958 download)

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Book Synopsis International Judicial Lawmaking by : Armin Von Bogdandy

Download or read book International Judicial Lawmaking written by Armin Von Bogdandy and published by Springer. This book was released on 2012-05-16 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past two decades new international courts have entered the scene of international law and existing institutions have started to play more significant roles. The present volume studies one particular dimension of their increasing practice: international judicial lawmaking. It observes that in a number of fields of international law, judicial institutions have become significant actors and shape the law through adjudication. The contributions in this volume set out to capture this phenomenon in principle, in particular detail, and with regard to a number of individual institutions. Specifically, the volume asks how international judicial lawmaking scores when it comes to democratic legitimation. It formulates this question as part of the broader quest for legitimate global governance and places it within the context of the research project on the exercise of international public authority at the Max Planck Institute for Comparative Public Law and International Law.

A Theory of International Organization

Author : Liesbet Hooghe
Publisher : Oxford University Press
ISBN 13 : 0191079618
Total Pages : 240 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis A Theory of International Organization by : Liesbet Hooghe

Download or read book A Theory of International Organization written by Liesbet Hooghe and published by Oxford University Press. This book was released on 2019-08-29 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do international organizations (IOs) look so different, yet so similar? The possibilities are diverse. Some international organizations have just a few member states, while others span the globe. Some are targeted at a specific problem, while others have policy portfolios as broad as national states. Some are run almost entirely by their member states, while others have independent courts, secretariats, and parliaments. Variation among international organizations appears as wide as that among states. This book explains the design and development of international organization in the postwar period. It theorizes that the basic set up of an IO responds to two forces: the functional impetus to tackle problems that spill beyond national borders and a desire for self-rule that can dampen cooperation where transnational community is thin. The book reveals both the causal power of functionalist pressures and the extent to which nationalism constrains the willingness of member states to engage in incomplete contracting. The implications of postfunctionalist theory for an IO's membership, policy portfolio, contractual specificity, and authoritative competences are tested using annual data for 76 IOs for 1950-2010. Transformations in Governance is a major academic book series from Oxford University Press. It is designed to accommodate the impressive growth of research in comparative politics, international relations, public policy, federalism, environmental and urban studies concerned with the dispersion of authority from central states up to supranational institutions, down to subnational governments, and side-ways to public-private networks. It brings together work that significantly advances our understanding of the organization, causes, and consequences of multilevel and complex governance. The series is selective, containing annually a small number of books of exceptionally high quality by leading and emerging scholars. The series targets mainly single-authored or co-authored work, but it is pluralistic in terms of disciplinary specialization, research design, method, and geographical scope. Case studies as well as comparative studies, historical as well as contemporary studies, and studies with a national, regional, or international focus are all central to its aims. Authors use qualitative, quantitative, formal modeling, or mixed methods. A trade mark of the books is that they combine scholarly rigour with readable prose and an attractive production style. The series is edited by Liesbet Hooghe and Gary Marks of the University of North Carolina, Chapel Hill, and the VU Amsterdam, and Walter Mattli of the University of Oxford.

Reconstructing the International Institutional Order

Author : Samantha Besson
Publisher : Collège de France
ISBN 13 : 2722605821
Total Pages : 26 pages
Book Rating : 4.7/5 (226 download)

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Book Synopsis Reconstructing the International Institutional Order by : Samantha Besson

Download or read book Reconstructing the International Institutional Order written by Samantha Besson and published by Collège de France. This book was released on 2021-09-14 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: States are no longer alone on the international scene. Other institutions intervene alongside States, and even sometimes in their place, such as international organizations, multinational corporations, non-governmental organizations, regions or global cities. Still, one would look in vain for clear indications in international law, including for the basic principles of an “international law of institutions” that could address the three fundamental questions of social and political organization that are representation, regulation and responsibility. What institutions may act in whose name internationally? What are the conditions for their actions to bind us legally and have the legitimacy to do so? And what institutions should be held responsible, by whom and how, in case of violation of international law? The time has come to reconstruct the international institutional order.

Constructing the Powers of International Institutions

Author : Viljam Engström
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004220313
Total Pages : 226 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Constructing the Powers of International Institutions by : Viljam Engström

Download or read book Constructing the Powers of International Institutions written by Viljam Engström and published by Martinus Nijhoff Publishers. This book was released on 2012-05-16 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book illustrates the function of legal doctrines in a discourse on the extent of powers of international institutions, and questions whether a move to a constitutional vocabulary can transcend the dichotomy at the heart of diverging constructions of powers.

Rules for the World

Author : Michael Barnett
Publisher : Cornell University Press
ISBN 13 : 0801465109
Total Pages : 241 pages
Book Rating : 4.8/5 (14 download)

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Book Synopsis Rules for the World by : Michael Barnett

Download or read book Rules for the World written by Michael Barnett and published by Cornell University Press. This book was released on 2012-04-15 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rules for the World provides an innovative perspective on the behavior of international organizations and their effects on global politics. Arguing against the conventional wisdom that these bodies are little more than instruments of states, Michael Barnett and Martha Finnemore begin with the fundamental insight that international organizations are bureaucracies that have authority to make rules and so exercise power. At the same time, Barnett and Finnemore maintain, such bureaucracies can become obsessed with their own rules, producing unresponsive, inefficient, and self-defeating outcomes. Authority thus gives international organizations autonomy and allows them to evolve and expand in ways unintended by their creators. Barnett and Finnemore reinterpret three areas of activity that have prompted extensive policy debate: the use of expertise by the IMF to expand its intrusion into national economies; the redefinition of the category "refugees" and decision to repatriate by the United Nations High Commissioner for Refugees; and the UN Secretariat's failure to recommend an intervention during the first weeks of the Rwandan genocide. By providing theoretical foundations for treating these organizations as autonomous actors in their own right, Rules for the World contributes greatly to our understanding of global politics and global governance.

The Oxford Handbook of the Sources of International Law

Author : Jean d'Aspremont
Publisher : Oxford University Press
ISBN 13 : 0191062545
Total Pages : 1233 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Oxford Handbook of the Sources of International Law by : Jean d'Aspremont

Download or read book The Oxford Handbook of the Sources of International Law written by Jean d'Aspremont and published by Oxford University Press. This book was released on 2017-10-19 with total page 1233 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question of the sources of international law inevitably raises some well-known scholarly controversies: where do the rules of international law come from? And more precisely: through which processes are they made, how are they ascertained, and where does the international legal order begin and end? This is the static question of the pedigree of international legal rules and the boundaries of the international legal order. Second, what are the processes through which these rules are made? This is the dynamic question of the making of these rules and of the exercise of public authority in international law. The Oxford Handbook of the Sources of International Law is the very first comprehensive work of its kind devoted to the question of the sources of international law. It provides an accessible and systematic overview of the key issues and debates around the sources of international law. It also offers an authoritative theoretical guide for anyone studying or working within but also outside international law wishing to understand one of its most foundational questions. This Handbook features original essays by leading international law scholars and theorists from a range of traditions, nationalities and perspectives, reflecting the richness and diversity of scholarship in this area.

Legal Protection and Sustainability of Chinese Investments in Africa

Author : Xiuli Han
Publisher : Springer Nature
ISBN 13 : 9811918821
Total Pages : 400 pages
Book Rating : 4.8/5 (119 download)

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Book Synopsis Legal Protection and Sustainability of Chinese Investments in Africa by : Xiuli Han

Download or read book Legal Protection and Sustainability of Chinese Investments in Africa written by Xiuli Han and published by Springer Nature. This book was released on 2022-08-26 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book attempts to illustrate the whole picture of international investment rule of law between China and African countries and find the way forward through combining theory and practice. It is a book by a Chinese professor based on her long-term research experience in the international investment law field and her African field work in person. Its main feature is its well-balanced thinking on the structure of investment international rule of law. It should be the most comprehensive research on the international investment rule of law between China and African countries. With the increase of Chinese investment in Africa, various discussions and viewpoints on Chinese investment in Africa have become striking. The purpose of this book is to explore systematically the protection and sustainability of Chinese investment under the concept and framework of the international investment rule of law, so as to serve the sustainable development of Africa and China. For the purpose of this book, great importance is attached to the idea of the international rule of law, and the international investment law with the function of rule of law is adhered to. The conclusion of this book is that China should take proactive steps to protect Chinese investment in Africa and regulate Chinese overseas investors and their investments in addition to complying with the laws in the host states and thus make them conductive to African and Chinese sustainable development; however, the most significant issue is that China-Africa investment relations should be regulated by the evolving and specific international investment rule of law, and the China-Africa international investment rule of law should conform to normative in form, support common sustainable development in value, and reflect the social reality of China and Africa. For both researchers and students, it is an approach to understand international investment rule of law from a perspective of China and Africa. For those who are interested in China and Africa, it is a useful reference book.