The Impact of International Organizations on International Law

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Publisher : BRILL
ISBN 13 : 9004328408
Total Pages : 488 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis The Impact of International Organizations on International Law by : José E. Alvarez

Download or read book The Impact of International Organizations on International Law written by José E. Alvarez and published by BRILL. This book was released on 2016-12-01 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Impact of International Organizations on International Law by Jose Alvarez addresses how international organizations, particularly those within the UN system, have changed the forms, contents, and effects of international law

The Impact of International Organizations on International Law

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Author :
Publisher : Brill Nijhoff
ISBN 13 : 9789004328396
Total Pages : 0 pages
Book Rating : 4.3/5 (283 download)

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Book Synopsis The Impact of International Organizations on International Law by : José E. Alvarez

Download or read book The Impact of International Organizations on International Law written by José E. Alvarez and published by Brill Nijhoff. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: I. Legal Positivism and its Discontents (1)The Mainstream: Legal Positivism (a)Positivist Treaties (b)Positivist Custom (c) Positivist General Principles (2)The Institutional Challenge to Legal Positivism (a)The Reality of Institutionalization (b)The International Judiciary (c)The Return of Domestic Analogies (d)From State Rules to Process (e)From Process to Inter-disciplinarity (3)Caveats II. The UN Charter Over Time: The Contemporary Security Council (1)What is the UN Charter for? (2)The UN Charter as Positivist Instrument (3)The Council and the "Contracting Out" of Force: Iraq (4)The Council as Extradition Tool (5)The Council and Ad Hoc War Criminal Tribunals (6)The Council and the "Right to Democracy" (7)The Council's "Smart" Sanctions (8)The Council's Global "Legislation" (9)The Council's New Tool: The ICC (10)The Council and "Human Security" III. The Contemporary General Assembly (1)The Assembly and the Sources of International Law (2) The Assembly as Charter Interpreter (3) The Assembly as Human Rights Interpreter and Enforcer (4) The Assembly as Peace and Security Institutional Actor IV. A Contemporary Specialized Agency: The World Health Organization (1) The Origins of the WHO (2) The Fall of the Old IHRs (3)The Rise of the Revised (2005) IHRs (4) The WHO's First Treaty: The Framework Convention on Tobacco Control (5) The WHO in Larger Context V. The Main Functions of International Adjudication (1) Introduction (2) The Complex Dispute Settlement Function (3) The Fact-Finding Function (4) The Law-Making Function (5) The Governance Function (6) Conclusions VI. Three Challenges Posed by International Organizations (1)The IO Challenge to Legal Positivism (a)The challenge to the primacy of states and state consent (b)The challenge to the Article 38 source of international obligation (c)The challenge to bindingness (d)Explaining how IO charters "evolve" (2)The IO Challenge to Sovereignty (3)The IO Challenge to the Rule of Law (4)Conclusion.

The Impact of International Organizations on International Law

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Publisher : Collected Courses of the Xiame
ISBN 13 : 9789004328457
Total Pages : 479 pages
Book Rating : 4.3/5 (284 download)

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Book Synopsis The Impact of International Organizations on International Law by : José E. Alvarez

Download or read book The Impact of International Organizations on International Law written by José E. Alvarez and published by Collected Courses of the Xiame. This book was released on 2017 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Impact of International Organizations on International Lawaddresses how international organizations, particularly those within the UN system, have changed the forms, contents, and effects of international law. Professor Jose Alvarez considers the impact on sovereigns and actions taken by the contemporary Security Council, the UN General Assembly, and UN Specialized Agencies such as the World Health Organization. He considers the diverse functions performed by adjudicators - from judges of the International Criminal Court to arbitrators within the international investment regime. This text raises fundamental questions concerning the future of international law given the challenges international organizations pose to legal positivism, to traditional conceptions of sovereignty, and to the rule of law itself.

Responsibility of International Organizations

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004256083
Total Pages : 515 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Responsibility of International Organizations by : Maurizio Ragazzi

Download or read book Responsibility of International Organizations written by Maurizio Ragazzi and published by Martinus Nijhoff Publishers. This book was released on 2013-07-04 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: In December 2011, the United Nations General Assembly adopted the International Law Commission's articles on the responsibility of international organizations, bringing to conclusion not only nearly ten years of reflection by the Commission, governments and organizations on this specific topic, but also decades of study of the wider subject of international responsibility, which had initially focused on State responsibility. Parallel to this reflection by the Commission, diplomats and public officials, the body of international case-law and literature on the many facets of the topic has steadily been growing. Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie contributes to the body of international literature by collecting a broad spectrum of different and sometimes differing perspectives from well-known experts in the field, ranging from the bench to the Commission, academia, and the world of in-house counsel. The book is also a memorial to the renowned Sir Ian Brownlie, himself a former Chairman of the International Law Commission who, as a leading scholar and practitioner, greatly contributed to the reflection on international responsibility, including the responsibility of international organizations. Edited by Maurizio Ragazzi, a former pupil of Sir Ian, the book is an ideal companion to International Responsibility Today, a collection of essays on international responsibility which the same editor presented in 2005 in memory of Oscar Schachter, and to which Sir Ian Brownlie had contributed. The essays collected in Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie, conveniently grouped by the editor under broad areas for the reader's benefit, will be relevant not only to all those interested in this specific subject but also, more generally, to all those engaged in the field of international law and the law of international organizations.

An Introduction to International Organizations Law

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Author :
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.

International Organizations as Law-makers

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Publisher : Oxford University Press on Demand
ISBN 13 : 9780198765639
Total Pages : 660 pages
Book Rating : 4.7/5 (656 download)

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Book Synopsis International Organizations as Law-makers by : José E. Alvarez

Download or read book International Organizations as Law-makers written by José E. Alvarez and published by Oxford University Press on Demand. This book was released on 2006 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Organizations as Law-makers addresses how international organizations with a global reach, such as the UN and the WTO, have changed the mechanisms and reasoning behind the making, implementation, and enforcement of international law. Alvarez argues that existing descriptions of international law and international organizations do not do justice to the complex changes resulting from the increased importance of these institutions after World War II, and especially from changesafter the end of the Cold War. In particular, this book examines the impact of the institutions on international law through the day to day application and interpretation of institutional law, the making of multilateral treaties, and the decisions of a proliferating number of institutionalized dispute settlers. The introductory chapters synthesize and challenge the existing descriptions and theoretical frameworks for addressing international organizations. Part I re-examines the law resulting from the activity of political organs, such as the UN General Assembly and Security Council, technocratic entities within UN specialized agencies, and international financial institutions such as the IMF, and considers their impact on the once sacrosanct 'domestic jurisdiction' of states, as well as on traditional conceptions of the basic sources of international law. Part II assesses the impact of the move towards institutions on treaty-making. It addresses the interplay between negotiating venues and procedures and interstate cooperation and asks whether the involvement of international organizations has made modern treaties 'better'. Part III examines the proliferation of institutionalized dispute settlers, from the UN Secretary General to the WTO's dispute settlement body, and re-examines their role as both settlers of disputes and law-makers. The final chapter considers the promise and the perils of the turn to formal institutions for the making of the new kinds of 'soft' and 'hard' global law, including the potential for forms of hegemonic international law.

To Reform the World

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Publisher : Oxford University Press
ISBN 13 : 0198757964
Total Pages : 369 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis To Reform the World by : Guy Fiti Sinclair

Download or read book To Reform the World written by Guy Fiti Sinclair and published by Oxford University Press. This book was released on 2017 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book explores how international organizations (IOs) have expanded their powers over time without formally amending their founding treaties. IOs intervene in military, financial, economic, political, social, and cultural affairs, and increasingly take on roles not explicitly assigned to them by law. The proposed book will contend that this 'mission creep' has allowed IOs to intervene internationally, most often in the Global South, in a way that has allowed them to recast institutions within and interactions among states, societies, and peoples on a broadly Western, liberal model. Adopting a historical and interdisciplinary, socio-legal approach, it supports this claim through detailed investigations of historical episodes involving three very different organizations: the International Labour Organization in the interwar period; the United Nations in the two decades following the Second World War; and the World Bank from the 1950s through to the 1990s. The book draws on a wide range of original institutional and archival materials, bringing to light little-known aspects of each organization's activities, identifying continuities in the ideas and practices of international governance across the twentieth century, and speaking to a range of pressing theoretical questions in present-day international law and international relations --Front flap of the book.

Evolutions in the Law of International Organizations

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Author :
Publisher : Hotei Publishing
ISBN 13 : 9004290192
Total Pages : 573 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Evolutions in the Law of International Organizations by : Virzo

Download or read book Evolutions in the Law of International Organizations written by Virzo and published by Hotei Publishing. This book was released on 2015-02-12 with total page 573 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Organizations (IOs) are a most striking phenomenon in contemporary international law. Many complex issues have arisen since the emergence of these organizations due, in part, to their increasing prevalence, ever-changing nature, and nuanced diversity. This volume aims to explore new solutions to some of these issues and focuses specifically on problems derived from recent legal developments in IO praxis.

Research Handbook on the Law of International Organizations

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 0857931296
Total Pages : 545 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis Research Handbook on the Law of International Organizations by : Jan Klabbers

Download or read book Research Handbook on the Law of International Organizations written by Jan Klabbers and published by Edward Elgar Publishing. This book was released on 2011-05 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: This pioneering Research Handbook with contributions from renowned experts, provides an overview of the general doctrines making up the law of international organizations.The approach of this book is taken from a novel perspective: that of the tension between functionalism and constitutionalism. In doing so, this Handbook presents not only practically relevant information, but also provides a tool for understanding the ways in which internationalorganizations work. It has separate chapters on specific 'constitutional' topics and on two specific organizations: the EU and the UN. Research Handbook on the Law of international Organizations will be of particular interest to academics and graduate students in the fields ofinternational law, international politics and international relations.

Common Law of International Organizations

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Publisher : BRILL
ISBN 13 : 9047433467
Total Pages : 632 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Common Law of International Organizations by : Finn Seyersted

Download or read book Common Law of International Organizations written by Finn Seyersted and published by BRILL. This book was released on 2008-06-04 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work provides a comprehensive theory of the system of legal norms that are developed partly in the internal written (constitutional) law of intergovernmental organizations and partly through their consistent practice, and that are therefore common to intergovernmental organizations. The legal construction presented in this volume consists of the following main elements: As for all other self-governing communities all intergovernmental organizations possess their own internal law governing their relations with 1) the organs of the organization, 2) the officials and 3) the member states in their capacity as members of the organization. Some organizations exercise in addition extended (delegated) jurisdiction over states, other organizations and/or individuals. Secondly, as for other self-governing communities all intergovernmental organizations are subjects of public international law in their relations with other self-governing communities (states and other intergovernmental organizations), and in the case of extended jurisdiction, also in relations with individuals and private entities. Thirdly, as for all other self-governing communities possessing its own internal law (its distinct lex personalis), intergovernmental organizations enter into relations of a private law nature with both public and private entities. Governed by the rules on conflict of laws, these relations must be determined by assessing relevant 1) personal, 2) territorial and 3) organic connecting factors. Thus Common Law of Intergovernmental Organizations brings together all those elements pertaining to the theory of objective legal personality that have been presented in a scattered fashion, in bits and pieces. Common Law of Intergovernmental Organizations, starting out from the position of objective legal personality, is fully compatible with modern requirements of good governance and accountability of international organizations, and particularly adaptable to the ideal of “systemic integration” of legal regimes constituting internal law of the organization.

An Introduction to International Organizations Law

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Publisher : Cambridge University Press
ISBN 13 : 1108901352
Total Pages : 423 pages
Book Rating : 4.1/5 (89 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: The fourth edition of this market-leading textbook offers students a clear framework for understanding the practice and logic of International Organizations Law. It is structured around the three defining relationships IOs engage in – namely, with their member states, with their organs and staff, and with the outside world. These different dynamics give rise to different concerns, which each help to explain the logic behind international institutional law. The text also discusses the essential topics of the law of IOs, including powers and finances, privileges and immunities, institutional structures, and accountability. By demonstrating how the theory works in practice, with recent examples, students will observe the impact and significance of International Organizations Law. Updated with the latest case law and literature, this new edition also contains discussions of the withdrawal of Israel and the US from UNESCO, Brexit, and the Covid-19 pandemic, and how these affect the law of international organizations.

Complicity and the Law of International Organizations

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Publisher : Edward Elgar Publishing
ISBN 13 : 1839101369
Total Pages : 288 pages
Book Rating : 4.8/5 (391 download)

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Book Synopsis Complicity and the Law of International Organizations by : Magdalena Pacholska

Download or read book Complicity and the Law of International Organizations written by Magdalena Pacholska and published by Edward Elgar Publishing. This book was released on 2020-04-24 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book examines the responsibility of international organizations for complicity in human rights and humanitarian law violations. It comprehensively addresses a lacuna in current scholarship through an analysis of the mandates and modus operandi of UN peace operations, offering workable normative solutions and striking a balance between the UN’s duty not to contribute to international law violations and its need to discharge mandated tasks in a highly volatile environment.

Proliferation of International Organizations

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Publisher : BRILL
ISBN 13 : 9004420843
Total Pages : 591 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Proliferation of International Organizations by : Niels M. Blokker

Download or read book Proliferation of International Organizations written by Niels M. Blokker and published by BRILL. This book was released on 2021-11-29 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: The proliferation of international organizations is presently a hot issue. New international organizations have been created over the last few years, such as the Organization for the Prohibition of Chemical Weapons and the World Trade Organization. At the same time a certain reluctance may be observed to create new organizations. Overlapping activities and conflicting competences occur frequently and the need for coordination is evident. The events in former Yugoslavia are an example. Both during the armed conflicts in Bosnia and Kosovo and afterwards in the era of reconstruction, the need to coordinate the work of organizations such as the UN, NATO, the EU, the World Bank, OSCE, and the Council of Europe was vital. Against this background a number of legal issues have become more important that have not yet been researched extensively, perhaps the only exception being the proliferation of international tribunals. Questions include the following: Why were new organizations created while others already existed in the same or a related field? What specific legal problems have arisen that are related to the coexistence of different organizations working (partly) in the same area? What mechanisms or instruments have been developed to coordinate the activities and to solve legal problems? These and other questions were discussed during a conference that took place from 18 to 20 November, 1999, in the Academy Building of Leiden University, The Netherlands. A large number of experts, both academics and practitioners, participated. The purpose of this book is to present the issues discussed during the Leiden conference to a larger audience. This book contains the adapted papers for the conference and several other contributions.

The Concept of an International Organization in International Law

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Publisher : Oxford University Press
ISBN 13 : 019264890X
Total Pages : 257 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis The Concept of an International Organization in International Law by : Lorenzo Gasbarri

Download or read book The Concept of an International Organization in International Law written by Lorenzo Gasbarri and published by Oxford University Press. This book was released on 2021-04-08 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite their exponential growth in number and activities, there is not an established legal concept of an international organization. This book tackles the topic by examining the nature of the legal systems developed by international organizations. It is the first comprehensive study of the concepts by which international organizations' legal systems are commonly understood: functionalism, constitutionalism, exceptionalism, and informalism. Its purpose is threefold: to trace the historical origins of the different concepts of an international organization, to describe four groups under which these different notions can be aligned, and to propose a theory which defines international organizations as 'dual entities'. The concept of an international organization is defined by looking at the nature of the legal systems they develop. The notion of 'dual legal nature' describes how organizations create particular legal systems that derive from international law. This situation affects the law they produce, which is international and internal at the same time. The effects of the dual legal nature are considered by analysing international responsibility, the law of treaties, and the validity of organizations' acts.

The Law of International Organisations

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Publisher : Manchester University Press
ISBN 13 : 9780719059544
Total Pages : 262 pages
Book Rating : 4.0/5 (595 download)

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Book Synopsis The Law of International Organisations by : Nigel D. White

Download or read book The Law of International Organisations written by Nigel D. White and published by Manchester University Press. This book was released on 2005 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition considers the legal concepts that have emerged from a wider political debate to govern vastly differing inter-governmental organisations ranging from the UN to the EU

International Institutional Law

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Publisher : BRILL
ISBN 13 : 9004187979
Total Pages : 1309 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis International Institutional Law by : Henry G. Schermers

Download or read book International Institutional Law written by Henry G. Schermers and published by BRILL. This book was released on 2011-09-05 with total page 1309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comparative analysis of the institutional law of public international organizations, covering issues such as membership, institutional structure, decisions and decision-making, legal status, privileges and immunities. It has been designed to appeal to both academics and practitioners.

The Analogy between States and International Organizations

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Publisher : Cambridge University Press
ISBN 13 : 110715555X
Total Pages : 299 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Analogy between States and International Organizations by : Fernando Lusa Bordin

Download or read book The Analogy between States and International Organizations written by Fernando Lusa Bordin and published by Cambridge University Press. This book was released on 2018-11-22 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses how an analogy between States and international organizations has influenced the development of international law.