The Institutional Problem In Modern International Law

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The Institutional Problem in Modern International Law

Richard Collins
The Institutional Problem in Modern International Law Book PDF

Author : Richard Collins
Publisher : Bloomsbury Publishing
Page : 304 pages
File Size : 49,6 Mb
Release : 2016-11-03
Category : Law
ISBN : 9781509900435

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The Institutional Problem in Modern International Law by Richard Collins Pdf

Modern international law is widely understood as an autonomous system of binding legal rules. Nevertheless, this claim to autonomy is far from uncontroversial. International lawyers have faced recurrent scepticism as to both the reality and efficacy of the object of their study and practice. For the most part, this scepticism has focussed on international law's peculiar institutional structure, with the absence of centralised organs of legislation, adjudication and enforcement, leaving international legal rules seemingly indeterminate in the conduct of international politics. Perception of this 'institutional problem' has therefore given rise to a certain disciplinary angst or self-defensiveness, fuelling a need to seek out functional analogues or substitutes for the kind of institutional roles deemed intrinsic to a functioning legal system. The author of this book believes that this strategy of accommodation is, however, deeply problematic. It fails to fully grasp the importance of international law's decentralised institutional form in securing some measure of accountability in international relations. It thus misleads through functional analogy and, in doing so, potentially exacerbates legitimacy deficits. There are enough conceptual weaknesses and blindspots in the legal-theoretical models against which international law is so frequently challenged to show that the perceived problem arises more in theory, than in practice.

Reconstructing the International Institutional Order

Samantha Besson
Reconstructing the International Institutional Order Book PDF

Author : Samantha Besson
Publisher : Collège de France
Page : 26 pages
File Size : 44,6 Mb
Release : 2021-09-14
Category : Law
ISBN : 9782722605824

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Reconstructing the International Institutional Order by Samantha Besson Pdf

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.

Problems and Process

Rosalyn Higgins
Problems and Process Book PDF

Author : Rosalyn Higgins
Publisher : Oxford University Press
Page : 312 pages
File Size : 41,8 Mb
Release : 1995-08-24
Category : Law
ISBN : 0198764103

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Problems and Process by Rosalyn Higgins Pdf

This text offers an original and scholarly introduction to a number of key topics which lie at the heart of modern international law. Based upon the author's highly acclaimed Hague Academy lectures, the book introduces the student to a series of pressing problems which help reveal the complex relationship between legal norms and policy objectives which define contemporary international law.

The Institutional Veil in Public International Law

Catherine Brölmann
The Institutional Veil in Public International Law Book PDF

Author : Catherine Brölmann
Publisher : Bloomsbury Publishing
Page : 330 pages
File Size : 55,6 Mb
Release : 2007-09-13
Category : Law
ISBN : 9781847313799

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The Institutional Veil in Public International Law by Catherine Brölmann Pdf

This book deals with the nature of international organisations and the tension between their legal nature and the system of classic, state-based international law. This tension is important in theory and practice, particularly when organisations are brought under the rule of international law and have to be conceptualised as legal subjects, for example in the context of accountability. The position of organisations is complicated by what the author terms 'the institutional veil', comparable to the corporate veil found in corporate law. The book focuses on the law of treaties, as this pre-eminently 'horizontal' branch of international law brings out the problem particularly clearly. The first part of the book addresses the legal phenomenon of international organisations, their legal features as independent concepts, the history of international organisations and of legal thought in respect of them, and the development of contemporary law on international organisations. The second part deals with the practice of international organisations and treaty-making. It discusses treaty-making practice within organisations, judicial practice in interpretation of organisations' constitutive treaties, and the practice of treaty-making by organisations. The third and final part analyses the process by which international organisations have been brought under the rule of the written law of treaties, offering a practical application of the conceptual framework as previously set out. Part three is at the same time an analytic overview of the drafting history of the 1986 Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations. This is a profound and penetrating examination of the character of international organisations and their place in international law, and will be an important source for anyone interested in the future role of organisations in the international legal system.

The Function of Public International Law

Jan Anne Vos
The Function of Public International Law Book PDF

Author : Jan Anne Vos
Publisher : Springer Science & Business Media
Page : 300 pages
File Size : 48,8 Mb
Release : 2013-02-26
Category : Law
ISBN : 9789067048613

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The Function of Public International Law by Jan Anne Vos Pdf

This book addresses fundamental aspects of the concept of public international law in both theory and practice. The argument developed by the author is that, underlying the traditional, horizontal, structure of public international law, a vertical structure of the concept of law may be discerned. This vertical structure is seen unfolding into two, mutually exclusive, frameworks: a framework of obligation, accounting for obligations, and a framework of authorization, accounting for rights. The problem then arising is that a concept of public international law which only admits either rights or obligations cannot be regarded as coherent. The author, however, takes and substantiates the position that coherence can be achieved by suppressing the mutual exclusivity of both frameworks. This move paves the way to formulating the function of public international law in terms of the constituting of international society. Since in public international law the theoretical aspects profoundly affect practice, this book is not only of interest to academics, but also for practitioners, such as officials of foreign offices and international institutions.

International Law and World Order

B. S. Chimni
International Law and World Order Book PDF

Author : B. S. Chimni
Publisher : Cambridge University Press
Page : 649 pages
File Size : 49,9 Mb
Release : 2017-05-25
Category : Law
ISBN : 9781108210287

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International Law and World Order by B. S. Chimni Pdf

In International Law and World Order, B. S. Chimni articulates an integrated Marxist approach to international law (IMAIL), combining the insights of Marxism, socialist feminism, and postcolonial theory. The book uses this approach to systematically and critically examine the most influential contemporary theories of international law, including new, feminist, realist, and policy-oriented approaches. In doing so, it discusses a range of themes relating to the history, structure, and process of international law. The book also considers crucial world order issues and problems that the international legal process has to contend with, including the welfare of weak groups and nations, the ecological crisis, and the role of human rights. This extensively revised second edition provides an invaluable, in-depth and updated review of the key literature and scholarship within this field of study. It will be of particular interest to students and scholars of international law, international relations, international politics, and global studies.

The Impact of International Organizations on International Law

José E. Alvarez
The Impact of International Organizations on International Law Book PDF

Author : José E. Alvarez
Publisher : BRILL
Page : 488 pages
File Size : 55,5 Mb
Release : 2016-12-01
Category : Business & Economics
ISBN : 9789004328402

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The Impact of International Organizations on International Law by José E. Alvarez Pdf

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

International Law and its Others

Anne Orford
International Law and its Others Book PDF

Author : Anne Orford
Publisher : Cambridge University Press
Page : 401 pages
File Size : 48,9 Mb
Release : 2006-11-02
Category : Law
ISBN : 9781139460392

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International Law and its Others by Anne Orford Pdf

Institutional and political developments since the end of the Cold War have led to a revival of public interest in, and anxiety about, international law. Liberal international law is appealed to as offering a means of constraining power and as representing universal values. This book brings together scholars who draw on jurisprudence, philosophy, legal history and political theory to analyse the stakes of this turn towards international law. Contributors explore the history of relations between international law and those it defines as other - other traditions, other logics, other forces, and other groups. They explore the archive of international law as a record of attempts by scholars, bureaucrats, decision-makers and legal professionals to think about what happens to law at the limits of modern political organisation. The result is a rich array of responses to the question of what it means to speak and write about international law in our time.

The Constitutionalization of International Law

Jan Klabbers,Anne Peters,Geir Ulfstein
The Constitutionalization of International Law Book PDF

Author : Jan Klabbers,Anne Peters,Geir Ulfstein
Publisher : Oxford University Press
Page : 414 pages
File Size : 41,7 Mb
Release : 2009-10
Category : Law
ISBN : 9780199543427

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The Constitutionalization of International Law by Jan Klabbers,Anne Peters,Geir Ulfstein Pdf

The book examines one of the most debated issues in current international law: to what extent the international legal system has constitutional features comparable to what we find in national law. This question has become increasingly relevant in a time of globalization, where new international institutions and courts are established to address international issues. Constitutionalization beyond the nation state has for many years been discussed in relation to the European Union.This book asks whether we now see constitutionalization taking place also at the global level.The book investigates what should be characterized as constitutional features of the current international order, in what way the challenges differ from those at the national level and what could be a proper interaction between different international arrangements as well as between the international and national constitutional level. Finally, it sketches the outlines of what a constitutionalized world order could and should imply. The book is a critical appraisal of constitutionalist ideas andof their critique. It argues that the reconstruction of the current evolution of international law as a process of constitutionalization -against a background of, and partly in competition with, the verticalization of substantive law and the deformalization and fragmentation of international law-has some explanatory power, permits new insights and allows for new arguments.The book thus identifies constitutional trends and challenges in establishing international organisational structures, and designs procedures for standard-setting, implementation and judicial functions.

International Institutional Law:Unity Within Diversity

Henry Schermers,Niels Blokker
International Institutional Law Unity Within Diversity Book PDF

Author : Henry Schermers,Niels Blokker
Publisher : Springer
Page : 1354 pages
File Size : 42,7 Mb
Release : 1995-07-27
Category : Law
ISBN : STANFORD:36105060544744

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International Institutional Law:Unity Within Diversity by Henry Schermers,Niels Blokker Pdf

A detailed comparative study of the institutional law of international organizations--i.e., those rules of law which govern legal status, structure, and functioning--that examines which different or similar institutional rules exist, and how different organizations have dealt with similar institutional problems. This edition revises and updates the second edition of 1980. The text contains 12 chapters: introduction; participants; rules for international organs; policy- making and administrative organs; advisory and supervisory organs; decision-making process; financing; legal order; interpretation and settlement of disputes; supervision and sanctions; legal status; and external relations. The authors jointly teach a specialized course on international institutional law at the Law Faculty, U. of Leiden. Annotation copyright by Book News, Inc., Portland, OR

Contemporary International Law Issues: Sharing Pan-European and American Perspectives

American Society of International Law,Nederlandse Vereninging voor Internationaal Recht
Contemporary International Law Issues Sharing Pan European and American Perspectives Book PDF

Author : American Society of International Law,Nederlandse Vereninging voor Internationaal Recht
Publisher : Martinus Nijhoff Publishers
Page : 280 pages
File Size : 51,9 Mb
Release : 1992-03-26
Category : Law
ISBN : 0792316819

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Contemporary International Law Issues: Sharing Pan-European and American Perspectives by American Society of International Law,Nederlandse Vereninging voor Internationaal Recht Pdf

"Contemporary International Law Issues: Sharing Pan-European and American Perspectives" is the record of the First Joint Conference of The American Society of International Law and the Nederlandse Vereniging voor Internationaal Recht, which was held in The Hague, The Netherlands on July 4-6, 1991. At this event international scholars, practitioners and experts gathered to discuss the latest developments in such areas as trade and investment, the environment, human rights, settlement of disputes and commercial arbitration, with particular reference to the Middle East, Central and Eastern Europe, and the European Community. The conference focused especially on Pan-European perspectives on current international legal issues. The content of these Proceedings is evidence of the wide range of dialogue that occurred during the Joint Conference. The book provides a record of this dialogue and directs the reader to issues which might form suitable subjects for further research and elaboration in other scholarly work. The book will be of interest to academics and diplomats, as well as legal practitioners.

International Law as a Profession

Jean d'Aspremont,Tarcisio Gazzini,André Nollkaemper,Wouter Werner
International Law as a Profession Book PDF

Author : Jean d'Aspremont,Tarcisio Gazzini,André Nollkaemper,Wouter Werner
Publisher : Cambridge University Press
Page : 471 pages
File Size : 52,8 Mb
Release : 2017-04-06
Category : Law
ISBN : 9781107140394

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International Law as a Profession by Jean d'Aspremont,Tarcisio Gazzini,André Nollkaemper,Wouter Werner Pdf

This collection of self-reflective essays explores the relations between international legal professions and their respective understandings of international law.

How International Law Works in Times of Crisis

George Ulrich,Ineta Ziemele
How International Law Works in Times of Crisis Book PDF

Author : George Ulrich,Ineta Ziemele
Publisher : Oxford University Press, USA
Page : 369 pages
File Size : 52,6 Mb
Release : 2019
Category : Law
ISBN : 9780198849667

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How International Law Works in Times of Crisis by George Ulrich,Ineta Ziemele Pdf

For some time, the word 'crisis' has been dominating international political discourse. But this is nothing new. Crisis has always been part of the discipline of international law. History indeed shows that international law has developed through reacting to previous experiences of crisis, reflecting an agreement on what it takes to avoid their repetition. However, human society evolves and challenges existing rules, structures, and agreements. International law is confronted with questions as to the suitability of the existing legal framework for new stages of development. Ulrich and Ziemele here bring together an expert group of scholars to address the question of how international law confronts crises today in terms of legal thought, rule-making, and rule-application. The editors have characterized international law and crisis discourse as one of a dialectical nature, and have grouped the articles contained in the volume under four main themes: security, immunities, sustainable development, and philosophical perspectives. Each theme pertains to an area of international law which at the present moment in time is subject to notable challenges and confrontations from developments in human society. The surprising general conclusion which emerges is that, by and large, the international legal system contains concepts, principles, rules, mechanisms and formats for addressing the various developments that may prima facie seem to challenge these very same elements of the system. Their use, however, requires informed policy decisions.

Private International Law and Global Governance

Horatia Muir Watt,Diego P. Fernández Arroyo
Private International Law and Global Governance Book PDF

Author : Horatia Muir Watt,Diego P. Fernández Arroyo
Publisher : Law and Global Governance
Page : 401 pages
File Size : 48,8 Mb
Release : 2014
Category : Law
ISBN : 9780198727620

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Private International Law and Global Governance by Horatia Muir Watt,Diego P. Fernández Arroyo Pdf

Horatia Muir Watt and Diego P. Fernández-Arroyo: Introduction: The Relevance of Private International Law to the Global Governance Debate Part I: BEHIND CLOSED DOORS: THE PRIVATE MODEL AND ITS DISCONTENTS Section A. Epistemological Challenge: The Meaning of 'Private' in Private International Law 1: Geoffrey Samuel: Comparative Law as Resistance 2: Robert Wai: Private v Private: Transnational Private Law and Contestation in Global Economic Governance 3: Ralf Michaels: Post-critical Private International Law: From Politics to Technique Section B. Political Critique: Privatization as Homogenization 4: Tomaso Ferrando: Global Land Grabbing: A Tale of Three Legal Homogenizations 5: Veronica Corcodel: Governance Implications of Comparative Legal Thinking: On Henry Maine's Jurisprudence and British Imperialism Section C. Searching for Legitimacy: Questions of Design 6: Diego P. Fernández-Arroyo: Private Adjudication Without Precedent? 7: Gilles Cuniberti: The Merchant Who Would Not Be King: Unreasoned Fears about Private Lawmaking 8: Yannick Radi: Balancing the Public and the Private in International Investment Law PART II: BEYOND THE SCHISM: EMERGING MODELS AND WORLDVIEWS Section A. The Global Turn to Informality: Pragmatism and Constructivism 9: Benoit Frydman: A Pragmatic Approach To Global Law 10: Harm Schepel: Rules of Recognition: A Legal Constructivist Approach to Transnational Private Regulation 11: Michael Karayanni: The Extraterritorial Application of Access to Justice Rights: On the Availability of Israeli Courts to Palestinian Plaintiffs Section B. Re-importing Public Law Methodology: Federalism and Constitutionalism 12: Alex Mills: Variable Geometry, Peer Governance, and the Public International Perspective on Private International Law 13: Jacco Bomhoff: The Constitution of the Conflict of Laws 14: Jérémy Heymann: Importing Proportionality to the Conflict of Laws Section C. Reinventing a Global Horizon: Working towards a Global Public Good 15: Bram van der Eem: Financial Stability and Private International Law 16: Ivana Isailovic: Recognition(and Mis-recognition) in Private International Law 17: Sabine Corneloup: Can Private International Law Contribute to Global Migration Governance? Horatia Muir Watt: Paradigm Change in Private International Law: Renewal, Circularity, or Decline?

International Organizations and the Idea of Autonomy

Richard Collins,Nigel D. White
International Organizations and the Idea of Autonomy Book PDF

Author : Richard Collins,Nigel D. White
Publisher : Routledge
Page : 566 pages
File Size : 54,8 Mb
Release : 2011-04-20
Category : Law
ISBN : 9781136806056

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International Organizations and the Idea of Autonomy by Richard Collins,Nigel D. White Pdf

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.