The Impact of International Organizations on International Law

Author: José E. Alvarez
Publisher: BRILL
ISBN: 9004328408
Category: Business & Economics
Page: 488
View: 9692

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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: 337

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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.

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: 4786

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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.

International Organizations as Law-makers

Author: José E. Alvarez
Publisher: Oxford University Press on Demand
ISBN: 9780198765639
Category: Law
Page: 660
View: 9599

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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.

Jus et Societas

Essays in Tribute to Wolfgang Friedmann
Author: G.M. Wilner
Publisher: Springer Science & Business Media
ISBN: 9400993218
Category: Social Science
Page: 404
View: 8158

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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.

International Law for Humankind

Towards a New Jus Gentium. Second Revised Edition
Author: Antônio Augusto Cançado Trindade
Publisher: Martinus Nijhoff Publishers
ISBN: 9004255079
Category: Law
Page: 756
View: 858

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This volume is an updated and revised version of the General Course on Public International Law delivered by the Author at The Hague Academy of International Law in 2005.

International Organizations and the Idea of Autonomy

Institutional Independence in the International Legal Order
Author: Richard Collins,Nigel D. White
Publisher: Routledge
ISBN: 1136806059
Category: Law
Page: 446
View: 4733

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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 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: 9791

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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.

The Law of International Organisations

Author: Nigel D. White
Publisher: Manchester University Press
ISBN: 9780719059544
Category: International agencies
Page: 242
View: 6814

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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

The Legal Significance of the Declarations of the General Assembly of the United Nations

Author: Obed Y. Asamoah
Publisher: Springer
ISBN: 9401194955
Category: Law
Page: 274
View: 691

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Mr. Asamoah's book is concerned with an area of growing importance in the evolution of contemporary international law. The traditional division of the sources of International law into custom and treaties has already been supplemented in Article 38 of the Statute of the International Court of Justice by the "general principles of law re cognized by civilized nations" and-as subsidiary sources, the judicial decisions and the teachings of highly qualified publicists. But in order to cope with the diversity of international law in our time, we have to look to a far greater variety of sources of international law, and we shall have to recognize that, in accordance with the many-sided character of international law, these sources may vary greatly in intensity. In recent years, Declaratory Resolutions of the General Assembly have been much concerned with the general princi ples of international law. Sometimes these Declarations are interpre tations of the Charter and other instruments; sometimes they are evi dence of state practice and a developing customary international law ; sometimes they formulate new principles which, in some cases will eventually lead to international treaties or new custom, or in other cases will be accepted as authorative statements of international legal principles, in circumstances where a formal treaty cannot be attained. There are many reasons--often of an internal character-which prevent the conclusion of a treaty but not the acceptance of the principles contained in it.

From Soviet to Russian International Law

Studies in Continuity and Change
Author: George Ginsburgs
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041105431
Category: Law
Page: 420
View: 3828

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Russia's international law persona is still in its infancy and it will take a while for the cycle to run its full course. However, significant changes have already occurred in some areas, thus offering an opportunity to analyze the trends here and track the process of emergence of successor doctrines and practices destined to replace the Soviet heritage. The quartet of topics selected for treatment in this volume - the relationship between international and domestic law; citizenship and state succession; the Sino-Russian boundary problem; and cooperation with China in policing crime - illustrates major shifts in Russia's international law policy in a bid to shed the corset of Communist ideology and the old regime's "modus operandi" and join the international community's mainstream culture. The test cases also attest to the difficulties encountered in the process of transition and show that progress on this front has by no means been uniform. The sample includes both instances where the break with the past looks quite pronounced and where greater distancing from precedent might logically have been expected, but, for reasons that are then explored, a sense of substantive continuity instead prevails, albeit made more palatable by an application of linguistic cosmetics. "From Soviet to Russian International Law: Studies in Continuity and" "Change" marks the occasion of the author's 65th birthday and the 40th anniversary of his publishing debut.

The Influence of International Institutions on the EU

When Multilateralism hits Brussels
Author: O. Costa,K. Jørgensen
Publisher: Springer
ISBN: 0230369898
Category: Political Science
Page: 261
View: 4379

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An exploration of how the EU is influenced by multilateral institutions. There has recently been a dramatic increase in interaction between the EU and multilateral institutions. This book shows that international institutions shape EU policies, as well as acting as a source of preferences and strategies for EU stances internationally.

International Organizations

Pearson New International Edition CourseSmart eTextbook
Author: Kelly-Kate S. Pease
Publisher: Routledge
ISBN: 1317347544
Category: Political Science
Page: 366
View: 1907

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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. This text details the types and activities of international organizations and provides students with the conceptual tools needed to evaluate their effectiveness. Surveying key issue areas from international and human security to trade and the environment, International Organizations looks at present and future possibilities for global governance from a broad range of perspectives. New to the Fifth Edition The nexus between international law and international organizations is explored to show how they complement and influence each other. Each issue chapter highlights the relevant treaties, norms, and customs, and interprets the impact of international law on the politics of the issue. Not only does this book cover international and human security concerns but it now looks at the growing danger posed by the proliferation of weapons of mass destruction, with special emphasis on the spread of nuclear weapon technology. A new in-depth case study on Iran explores Iran’s quest for nuclear technology against the backdrop of its legal duties and obligations under Nuclear NonProliferation Treaty (NPT). The case also examines the role of the International Atomic Energy Agency (IAEA) in managing the use of nuclear technology and energy. An updated analysis of global climate change is provided to explain the political outcomes of the 2009 Copenhagen Conference. An exploration of international criminal law with special reference to the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Court (ICC). Every chapter includes the most recent political events, scholarship, and data, especially as it relates to the impact of the global financial crisis on trade and development.

International Economic Organizations in the International Legal Process

Author: Sergei a Voitovich
Publisher: Martinus Nijhoff Publishers
ISBN: 9780792327660
Category: Political Science
Page: 199
View: 2908

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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.

The Impact of Globalization on the United States: Law and governance

Author: Beverly Crawford
Publisher: Praeger Publishers
ISBN: 9780275991838
Category: Globalization
Page: 330
View: 5858

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"Over the past decade, a virtual cottage industry has arisen to produce books and articles describing the nature, origins, and impact of globalization. Largely and surprisingly absent from this literature, however, has been extensive discussion of how globalization is affecting the United States itself. Indeed, it is rarely even acknowledged that while the United States may be providing a crucial impetus to globalization, the process of globalization -- once set in motion -- has become a force unto itself. Thus globalization has its own logic and demands that are having a profound impact within the United States, often in ways that are unanticipated. This set offers the first in-depth, systematic effort at assessing the United States not as a globalizing force but as a nation being transformed by globalization. Among the topics studied are globalization in the form of intensified international linkages; globalization as a universalizing and/or Westernizing force; globalization in the form of liberalized flows of trade, capital, and labor; and globalization as a force for the creation of transnational and superterritorial entities and allegiances. These volumes examine how each of these facets of globalization affects American government, law, business, economy, society, and culture."--Publisher's description.

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: 5379

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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.

The Pillars of Global Law

Author: Ms Giuliana Ziccardi Capaldo
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409496309
Category: Law
Page: 452
View: 3957

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This book addresses important changes in key legal issues; it reconstructs a complex legal framework, and the emergence of a new international order that has still not been studied in depth, providing a compass that will prove a useful resource for students, researchers and policy makers within the field of law and with an interest in international relations.

Europäisches Verfassungsrecht

Theoretische und dogmatische Grundzüge
Author: Armin Bogdandy,Jürgen Bast
Publisher: Springer-Verlag
ISBN: 3662071282
Category: Law
Page: 977
View: 7722

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Der Band präsentiert systematisch die theoretischen und dogmatischen Grundzüge des europäischen Verfassungsrechts, reflektiert den Stand der Forschung, verdeutlicht methodische Zugänge, klärt Wissenschaftsverständnisse und bezeichnet Forschungsdesiderata. Die systematischen Einzelanalysen ergänzen Gesamteinschätzungen zu Stand und Fortgang der rechtlichen Integration.