The Impact of International Organizations on International Law


Author: José E. Alvarez
Publisher: BRILL
ISBN: 9004328408
Category: Business & Economics
Page: 488
View: 7010

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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 Law on International Cooperation

Theoretical Perspectives
Author: Eyal Benvenisti,Moshe Hirsch
Publisher: Cambridge University Press
ISBN: 9781139456067
Category: Law
Page: N.A
View: 355

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This 2004 book aims at advancing our understanding of the influences international norms and international institutions have over the incentives of states to cooperate on issues such as environment and trade. Contributors adopt two different approaches in examining this question. One approach focuses on the constitutive elements of the international legal order, including customary international law, soft law and framework conventions, and on the types of incentives states have, such as domestic incentives and reputation. The other approach examines specific issues in the areas of international environment protection and international trade. The combined outcome of these two approaches is an understanding of the forces that pull states toward closer cooperation or prevent them from doing so, and the impact of different types of international norms and diverse institutions on the motivation of states. The insights gained suggest ways for enhancing states' incentives to cooperate through the design of norms and institutions.

International Organizations as Law-makers


Author: José E. Alvarez
Publisher: Oxford University Press on Demand
ISBN: 9780198765639
Category: Law
Page: 660
View: 3895

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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.

International Economic Organizations in the International Legal Process


Author: Sergei a Voitovich
Publisher: Martinus Nijhoff Publishers
ISBN: 9780792327660
Category: Political Science
Page: 199
View: 9620

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Voitovich presents a clear and lucid discussion of the manner and form in which international economic organizations (IEOs) participate in two main stages of the international legal process: law making and law implementation. The book is based on normative instruments and fragments of practice of about fifty IEOs. In order to ensure a proper and timely realization of their normative acts, IEOs exercise a number of law implementing functions which are subject to a thorough comparative examination. The author concludes that existing IEOs, not being ideal institutional models, possess a sufficient arsenal of law implementing instruments to make a considerable impact on the international legal regulations in the economic field. The book will be of interest to academics and economic political scientists.

International Organizations


Author: Kelly-Kate Pease
Publisher: Routledge
ISBN: 1317347536
Category: Political Science
Page: 368
View: 6320

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Drawing on mainstream and critical theoretical approaches, International Organizations offers a comprehensive examination of international organizations' political and structural role in world politics. Surveying key issues from international security to the environment, International Organizations looks at present and future possibilities for global governance from a broad range of perspectives.

International Law as Law of the European Union


Author: Enzo Cannizzaro,Paolo Palchetti,Ramses A. Wessel
Publisher: Martinus Nijhoff Publishers
ISBN: 9004188576
Category: Law
Page: 418
View: 9561

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With a view to recent developments in both the EU and the global legal order, International Law as Law of the European Union explores how, and to what extent, international law still forms part of, and plays a role in, the current legal order of the European Union.

The Oxford Handbook of International Human Rights Law


Author: Dinah Shelton
Publisher: Oxford University Press
ISBN: 0199640130
Category: Law
Page: 1018
View: 7539

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The Oxford Handbook of International Human Rights Law provides an authoritative and original overview of one of the key branches of international law. Forty contributors comprehensively analyse the role of human rights in international law from a global perspective, examining its origins and principles, and measuring its impact on the world.

Jus et Societas

Essays in Tribute to Wolfgang Friedmann
Author: G.M. Wilner
Publisher: Springer Science & Business Media
ISBN: 9789024722082
Category: Social Science
Page: 404
View: 5334

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When Wolfgang Friedmann died there was a great outpouring of grief, affection and admiration from his friends all over the world. These deeply felt sentiments were soon channelled into a number of projects to honor him. The initiative towards the preparation of this volume in tribute to Wolfgang Friedmann was taken by his colleague, Hans Smit, of Columbia University, who also arranged for its publication. Judge Philip C. Jessup was the chairman, and Professors John N. Hazard, Louis Henkin, Oliver Lissitzyn, Willis L. M. Reese and Hans Smit of Columbia University Law School, A. A. Fatouros of Indiana University Law School (Bloomington), and Gabriel M. Wilner of the University of Georgia Law School were members of the editorial committee. The authors of the essays are a group of distinguished legal scholars from many countries and who hold widely diverse views. All of them had many ties with Professor Friedmann, including those of friendship and shared interest in problems that were of the greatest concern to him. The number of eminent jurists from countries around the world, and particularly from the United States, who would have wished to participate in this tribute to Wolfgang Friedmann is large; however, several important considerations made it necessary to limit the number of contributions. Thus, for example, the work of several members of the editorial committee is not represented in the volume.

The Law of International Organisations


Author: Nigel D. White
Publisher: Manchester University Press
ISBN: 9780719059544
Category: International agencies
Page: 242
View: 6942

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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 Financial Institutions and International Law


Author: Daniel D. Bradlow,David B. Hunter
Publisher: Kluwer Law International B.V.
ISBN: 9041128816
Category: Business & Economics
Page: 404
View: 1390

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The fundamental recognition in this book is that the issue of what international legal principles are applicable to the operations of the IFIs is an important topic that would benefit from more rigorous study. Twelve deeply committed contributors - whose work spans the academic, policy, and activist spectrum - suggest that a better understanding of these legal issues could help both the organizations and their Member States structure their transactions in ways that are more compatible with their developmental objectives and their international responsibilities.

Research Handbook on the Law of International Organizations


Author: Jan Klabbers,Asa Wallendahl
Publisher: Edward Elgar Publishing
ISBN: 0857931296
Category: Political Science
Page: 544
View: 1813

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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.

An Introduction to International Institutional Law


Author: Jan Klabbers
Publisher: Cambridge University Press
ISBN: 1139576461
Category: Law
Page: N.A
View: 8593

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International institutions are powerful players on the world stage, and every student of international law requires a clear understanding of the forces that shape them. For example, with increasing global influence comes the need for internal control and accountability. This thought-provoking overview considers these and other forces that govern international institutions such as the UN, EU and WTO, and the complex relationship that exists between international organizations and their member states. Covering recent scholarly developments, such as the rise of constitutionalism and global administrative law, and analysing the impact of important cases, such as the ICJ's Genocide case (2007) and the Behrami judgment of the European Court of Human Rights (2007), its clarity of explanation and analytical approach allow students to understand and think critically about a complex subject.

International Law in the Era of Climate Change


Author: Rosemary Gail Rayfuse,Shirley V. Scott
Publisher: Edward Elgar Publishing
ISBN: 1781006083
Category: Law
Page: 378
View: 2097

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'UN Secretary-General Ban Ki-moon has called Climate Change "the defining issue of our era". It presents international law and lawyers with a wide range of novel issues, practical as well as conceptual. These challenges are addressed in this volume with great authority by many of the leading international law scholars of our generation. It is an important and distinctive contribution to the burgeoning literature on an issue critical for the future of our planet.' – David Freestone, George Washington University, US Climate change will fundamentally affect every area of human endeavour, including the development of international law. This book maps the current and potential impacts of climate change on the norms, principles, rules and processes of international law. This timely study brings together a group of leading scholars in their respective fields of international law to examine the impacts of climate change, and our responses to it, on the whole spectrum of international legal regimes, including those dealing with everything from climate displacement, human rights, and international trade and investment, to the oceans, the environment, armed conflicts and the use of force, and outer-space. the volume also examines the impacts of climate change on the underlying principles and processes of international law including those relating to the making and enforcement of international law and to third party dispute resolution. the book shows that there is much more to dealing with climate change than negotiating one global climate change-specific regime. Other areas of international law can, and must, be included in the solution. In this way international law can maximise its coherence and its efficacy. This well-documented study will appeal to international lawyers, academics, policy makers, government employees, negotiators, practitioners, international legal theorists and anyone interested in climate change and how to maximise our international legal and policy responses to it.

The Impact of WTO SPS Law on EU Food Regulations


Author: Chris Downes
Publisher: Springer Science & Business Media
ISBN: 3319043730
Category: Law
Page: 266
View: 8632

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This book brings a fresh perspective on the emerging field of international food law with the first detailed analysis of the process and implications of domestic compliance with the World Trade Organisation (WTO) Sanitary and Phytosanitary (SPS) Agreement. It investigates the influence of WTO disciplines on the domestic policy-making process and examines the extent to which international trade law determines European Union (EU) food regulations. Following controversial WTO rulings on genetically-modified foods and growth hormones in beef, awareness and criticism of global rules governing food has grown considerably. Yet the real impact of this international legal meta-framework on domestic regulations has remained obscure to practitioners and largely unexplored by legal commentators. This book examines the emergence of transnational governance practices set in motion by the SPS Agreement and their role in facilitating agricultural trade. In so doing, it complements and challenges conventional accounts of the SPS regime dominated by analysis of WTO disputes. It reviews legal commentary of the SPS Agreement to understand why WTO rules are so commonly characterised as a significant threat to domestic food policy preferences. It then takes on these assumptions through an in-depth review of food policies and decision-making practices in the EU, revealing both the potential and limits of WTO law to shape EU policies. It finally examines two important venues for the generation of global food norms – the WTO SPS Committee and Codex Alimentarius – to evaluate the practice and significance of transnational governance in this domain. Through detailed case studies including novel foods, food additives, vitamin and mineral supplements and transparency and equivalence procedures, this book provides a richer account of compliance and exposes the subtle, but important influence of WTO obligations.

International Institutions and National Policies


Author: Xinyuan Dai
Publisher: Cambridge University Press
ISBN: 1139468251
Category: Political Science
Page: N.A
View: 582

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The proliferation of international institutions and their impact has become a central issue in international relations. Why do countries comply with international agreements and how do international institutions influence national policies? Most theories focus on the extent to which international institutions can wield 'carrots and sticks' directly in their relations with states. Xinyuan Dai presents an alternative framework in which they influence national policies indirectly by utilizing non-state actors (NGOs, social movements) and empowering domestic constituencies. In this way, even weak international institutions that lack 'carrots and sticks' may have powerful effects on states. Supported by empirical studies of environmental politics, human rights and economic and security issues, this book sheds fresh light on how and why international institutions matter. It will be of interest to students, scholars and policymakers in both international relations and international law.

Sovereignty, the WTO, and Changing Fundamentals of International Law


Author: John H. Jackson
Publisher: Cambridge University Press
ISBN: 1139452738
Category: Law
Page: N.A
View: 3588

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The last decade of the twentieth century and the first decade of the twenty-first century has been one of the most challenging periods for the generally accepted assumptions of international law. This book, first published in 2006, grapples with these long-held assumptions (such as the consent basis of international law norms, equality of nations, restrictive or text-based treaty interpretations and applications, the monopoly of internal national power, and non-interference), and how they are being fundamentally altered by the forces of globalization. It also examines the challenges facing the WTO as a component of international economic law, and how that field is inextricably linked to general international law.

International Institutional Law

Unity Within Diversity, Fifth Revised Edition
Author: Henry G. Schermers,Niels M. Blokker
Publisher: Martinus Nijhoff Publishers
ISBN: 9004187987
Category: Law
Page: 1
View: 3970

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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.