The Institutional Veil In Public International Law

Author : Catherine Brölmann
Publisher : Bloomsbury Publishing
Page : 330 pages
File Size : 49,9 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.

Author : Eric Heinze,M. Fitzmaurice
Publisher : Martinus Nijhoff Publishers
Page : 1410 pages
File Size : 40,6 Mb
Release : 1998-11-25
Category : Law
ISBN : 9041197095

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Landmark Cases in Public International Law by Eric Heinze,M. Fitzmaurice Pdf

This book contains excerpts "in extenso from leading cases in general international law, and seeks to provide a greater volume of case law than that currently available on the market. It contains no editorial commentary and no secondary literature, as these are widely available in other works. It can serve either as a principal text or as a supplement to other standard books. It is thoroughly up to date, including recent ICJ judgments on the Bosnia case, the Gavcmkovo-Nagymaros Project, the Advisory Opinion on Nuclear Weapons, and the Lockerbie case. It will be of inestimable value to all libraries of international law, large and small, institutional and private. No student or practitioner in the field should be without it.

Author : Jean d'Aspremont
Publisher : Edward Elgar Publishing
Page : 209 pages
File Size : 46,9 Mb
Release : 2023-11-03
Category : Law
ISBN : 9781035319541

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The Experiences of International Organizations by Jean d'Aspremont Pdf

This groundbreaking book uses the idea of experience to investigate the various ways in which international organizations are understood by judges, legal practitioners, legal researchers, legal theorists, and thinkers of global governance.

Author : Nikolaos Voulgaris
Publisher : Bloomsbury Publishing
Page : 256 pages
File Size : 54,5 Mb
Release : 2019-05-16
Category : Law
ISBN : 9781509925735

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Allocating International Responsibility Between Member States and International Organisations by Nikolaos Voulgaris Pdf

The ever-growing interaction between member States and international organisations results, all too often, in situations of non-conformity with international law (eg peacekeeping operations, international economic adjustment programmes, counter-terrorism sanctions). Seven years after the finalisation of the International Law Commission's Articles on the Responsibility of International Organisations (ARIO), international law on the allocation of international responsibility between these actors still remains unsettled. The confusion around the nature and normative calibre of the relevant rules, the paucity of relevant international practice supporting them and the lack of a clear and principled framework for their elaboration impairs their application and restricts their ability to act as effective regulatory formulas. This study aims to offer doctrinal clarity in this area of law and purports to serve as a point of reference for all those with a vested interest in the topic. For the first time since the publication of the ARIO, all international responsibility issues dealing with interactions between member States and international organisations are put together in one book under a common approach. Structured around a systematisation of the interactions between these actors, the study provides an analytical framework for the regulation of indirect responsibility scenarios. Based on the ideas of the intellectual fathers of international law, such as Scelle's 'dédoublement fonctionnel' theory and Ago's 'derivative responsibility' model, the book employs old ideas to add original argumentation to a topic that has been dealt with extensively by recent commentators.

Author : Henry G. Schermers
Publisher : Unknown
Page : 512 pages
File Size : 49,7 Mb
Release : 1972
Category : International agencies
ISBN : STANFORD:36105062420281

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International Institutional Law by Henry G. Schermers Pdf

Author : Matthias Ruffert,Christian Walter
Publisher : Unknown
Page : 325 pages
File Size : 49,7 Mb
Release : 2015
Category : International agencies
ISBN : 147256183X

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Institutionalised International Law by Matthias Ruffert,Christian Walter Pdf

"This textbook, first published in German, explains and analyses not only the structures of international organisations in general, but also focuses on the interplay between the creation of institutional structures and important substantive areas of public international law. In the first and second parts of the book the general aspects of the law of international organisations are surveyed, and in the third part international security, human rights protection, trade, development and environmental protection are analysed in terms of the interplay between substantive and institutional law. This third part is built on the assumption that the law of international organisations needs to be studied 'in action', ie by looking at highly institutionalised areas of international law as a way of analysing the mutual influences between institutional and substantive international law. This is the first book on international law to bring together institutional and substantive aspects in this comparable manner. It is aimed at students of the law of international organisations, the social sciences and political science and practitioners in the field of international institutions."--Résumé de l'éditeur.

Author : Andrea Bianchi,Moshe Hirsch
Publisher : Oxford University Press
Page : 336 pages
File Size : 52,8 Mb
Release : 2021-09-23
Category : Law
ISBN : 9780192663290

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International Law's Invisible Frames by Andrea Bianchi,Moshe Hirsch Pdf

What is international law, and how does it work? This book argues that our answers to these fundamental questions are shaped by a variety of social cognition and knowledge production processes. These processes act as invisible frames, through which we understand international law. To better conceive the frames within which international law moves and performs, we must understand how psychological and socio-cultural factors affect decision-making in an international legal process. This includes identifying the groups of people and institutions that shape and alter the prevailing discourse in international law, and unearthing the hidden meaning of the various mythologies that populate and influence our normative world. With chapters from leading experts in the discipline, employing insights from sociology, psychology, and behavioural science, this book investigates the mechanisms that allow us to apprehend and intellectually represent the social practice of international law. It unveils the hidden or unnoticed processes by which our understanding of international law is formed, and helps readers to unlearn some of the presuppositions that inform our largely unquestioned beliefs about international law.

Author : Anne Orford
Publisher : Cambridge University Press
Page : 436 pages
File Size : 41,6 Mb
Release : 2009-12-03
Category : Law
ISBN : 0521124468

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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.

Author : Charles de Visscher
Publisher : Princeton, N.J. : Princeton University Press
Page : 418 pages
File Size : 44,8 Mb
Release : 1957
Category : International law
ISBN : UCAL:B3264509

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Theory and Reality in Public International Law by Charles de Visscher Pdf

Author : Jan Anne Vos
Publisher : Springer Science & Business Media
Page : 300 pages
File Size : 55,6 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.

Author : Eric Heinze,M. Fitzmaurice
Publisher : Martinus Nijhoff Publishers
Page : 1386 pages
File Size : 42,7 Mb
Release : 2023-07-03
Category : Law
ISBN : 9789004638921

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Landmark Cases in International Law by Eric Heinze,M. Fitzmaurice Pdf

This book contains excerpts in extenso from leading cases in general international law, and seeks to provide a greater volume of case law than that currently available on the market. It contains no editorial commentary and no secondary literature, as these are widely available in other works. It can serve either as a principal text or as a supplement to other standard books. It is thoroughly up to date, including recent ICJ judgments on the Bosnia case, the Gavcíkovo-Nagymaros Project, the Advisory Opinion on Nuclear Weapons, and the Lockerbie case. It will be of inestimable value to all libraries of international law, large and small, institutional and private. No student or practitioner in the field should be without it.

Author : Académie de Droit International de la Ha Staff,Shabtai Rosenne
Publisher : Martinus Nijhoff Publishers
Page : 488 pages
File Size : 41,5 Mb
Release : 2002
Category : Law
ISBN : 9041117466

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The Perplexities of Modern International Law by Académie de Droit International de la Ha Staff,Shabtai Rosenne Pdf

The Academy is an institution for the study and teaching of Public and Private International Law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the" "Hague Academy of International Law," The contents of this volume consist of: - The Perplexities of Modern International Law. General Course on Public International Law by Sh. ROSENNE, former Ambassador of Israel, Jerusalem. To access the abstract texts for this volume please click here

Author : Armin Bogdandy,Rüdiger Wolfrum,Jochen Bernstorff,Philipp Dann,Matthias Goldmann
Publisher : Springer Science & Business Media
Page : 990 pages
File Size : 42,5 Mb
Release : 2010-02-11
Category : Law
ISBN : 9783642045318

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The Exercise of Public Authority by International Institutions by Armin Bogdandy,Rüdiger Wolfrum,Jochen Bernstorff,Philipp Dann,Matthias Goldmann Pdf

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.

Author : Henry G. Schermers
Publisher : Unknown
Page : 790 pages
File Size : 41,8 Mb
Release : 1972
Category : Electronic
ISBN : OCLC:252641947

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International Institutional Law by Henry G. Schermers Pdf

Author : Gideon Boas
Publisher : Edward Elgar Publishing
Page : 401 pages
File Size : 50,5 Mb
Release : 2012-01-01
Category : Law
ISBN : 9780857939562

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Public International Law by Gideon Boas Pdf

'Gideon Boas's experience as an international litigator and his renown as an academic practitioner means he was well-placed to write a book on international law that both covers this growing field and enters it at key moments to illustrate important themes. This book accomplishes the difficult task of offering a wide-ranging perspective on the whole field, as well as conveying the ferment that surrounds it. Students of international law will derive great benefit from it.' – Gerry Simpson, University of Melbourne, Australia Public International Law offers a comprehensive understanding of international law as well as a fresh and highly accessible approach. While explaining the theory and development of international law, this work also examines how it functions in practice. Case studies and recent examples are infused in the discussion on each topic, and critical perspectives on the principles are given prominence, building an understanding of how and why the international legal system operates in the way it does and where it is heading. For each principle, the book starts by explaining the theoretical foundations in detail before illustrating how these principles function in practice. Features include: • a focus on fundamental principles of international law rather than specialist sub-topics; • integrated and contextual explanation of political and extra-legal dimension of international legal system; • principles of international law placed within a contemporary real-life context; • traditional and contemporary case studies explained in the context of legal principles; and • uniform structure to facilitate understanding. With insight founded on the author's many years of experience as a practitioner and academic in the field of international law, this work will offer legal practitioners, policy makers and students, both undergraduate and postgraduate, an invaluable insight into the field of international law.