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Author : Johannes Wilhelmus Schneider
Publisher : Librairie Droz
Page : 154 pages
File Size : 40,7 Mb
Release : 1963
Category : Arbitration (International law)
ISBN : 260004003X
Author : Hungdah Chiu
Publisher : Springer
Page : 240 pages
File Size : 51,9 Mb
Release : 2012-12-06
Category : Law
ISBN : 9789401509114
Mter an international organization is established, if it is necessary for it to acquire certain rights or assume duties or new functions not provided in its constitution, there are four techniques to achieve that 1 end. The first is to amend the constitution of the organization. If the organization has only a limited number of members, then this technique is not too cumbersome. But, the procedure for amending a constitution is usually complicated and requires a substantial period of time. Thus this technique has at least the disadvantage of delay. 2 The second technique is to conclude a treaty among the member States of the organization. The organization is not a party to that treaty, but it can acquire some rights, assume some duties, or new functions under the treaty. 3 The disadvantage of this technique is similar to the first one, i. e. , the conclusion of a multilateral treaty may mean delay since the procedure involved is so complicated and cumber some. 1 E. g. , the Constitution of the ILO, Cmd. No. 393 (T. S. No. 4 of 1919), [1919] 13 Foreign ReI. U. S. : Paris Conf. 695 (1947), was amended on October 9, 1946,62 Stat. 3485, T. I. A. S. No. 1868, 15 U. N. T. S.
Author : Karl Zemanek (jurist.)
Publisher : Springer
Page : 280 pages
File Size : 49,8 Mb
Release : 1971
Category : Law
ISBN : PSU:000046013750
Papers prepared as a result of research conducted at the 1969 session of the Center for Studies and Research, Hague Academy of International Law.
Author : Moshe Kaniel
Publisher : BRILL
Page : 236 pages
File Size : 41,6 Mb
Release : 2023-07-24
Category : Law
ISBN : 9789004633483
This book sheds light on a fascinating process of historic, legal evolution, starting from a situation of doubt as to whether the Community had treaty-making power, and ending with certain treaties being denied to sovereign states and transferred to an international organization. This process is still continuing, and brings in its wake far-reaching results. The author makes distinction between cases where exclusive treaty-making is explicitly specified in the founding treaties, and cases where treaty-making power is implicit, and is derived from the general structure of Community law. Implicit power becomes exclusive only by `occupying the field', which means enactment, and exclusive power negates ab initio the Member States' power, whereas implicit exclusive power merely negates the competence of the Member States to establish rules conflicting with those of the Community. Scholars, practitioners, lawyers, students and everybody who deals with European Union affairs will find this book of great interest.
Author : Jan Klabbers
Publisher : Cambridge University Press
Page : 423 pages
File Size : 45,5 Mb
Release : 2022-03-10
Category : Law
ISBN : 9781108842204
Provides a framework for understanding how organizations are set up and the logic behind international organizations law.
Author : Catherine Brölmann
Publisher : Bloomsbury Publishing
Page : 330 pages
File Size : 49,7 Mb
Release : 2007-09-13
Category : Law
ISBN : 9781847313799
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 : Vera Gowlland-Debbas,Hassiba Hadj-Sahraoui,Nobuo Hayashi
Publisher : BRILL
Page : 155 pages
File Size : 52,5 Mb
Release : 2021-10-18
Category : Law
ISBN : 9789004480964
This book focuses on the impact of social change on the rules relating to the forms and procedures of treaty-making, but inevitably also comes to focus on the content of the norms themselves, where, as in human rights and the environment, they have had an impact on the form and procedure of the treaty. It is of great value to all practitioners, academics, and policy-makers involved with, or interested in, the treaty-making process.
Author : Vera Gowlland-Debbas
Publisher : Springer
Page : 145 pages
File Size : 50,9 Mb
Release : 2013-12-14
Category : Law
ISBN : 9789401769648
This book focuses on the impact of social change on the rules relating to the forms and procedures of treaty-making, but inevitably also comes to focus on the content of the norms themselves, where, as in human rights and the environment, they have had an impact on the form and procedure of the treaty. It is of great value to all practitioners, academics, and policy-makers involved with, or interested in, the treaty-making process.
Author : Simon Chesterman,David M. Malone,Santiago Villalpando
Publisher : Oxford University Press, USA
Page : 737 pages
File Size : 40,9 Mb
Release : 2019
Category : Law
ISBN : 9780190947842
The United Nations is a vital part of the international order. Yet this book argues that the greatest contribution of the UN is not what it has achieved (improvements in health and economic development, for example) or avoided (global war, say, or the use of weapons of mass destruction). It is, instead, the process through which the UN has transformed the structure of international law to expand the range and depth of subjects covered by treaties. This handbook offers the first sustained analysis of the UN as a forum in which and an institution through which treaties are negotiated and implemented. Chapters are written by authors from different fields, including academics and practitioners; lawyers and specialists from other social sciences (international relations, history, and science); professionals with an established reputation in the field; younger researchers and diplomats involved in the negotiation of multilateral treaties; and scholars with a broader view on the issues involved. The volume thus provides unique insights into UN treaty-making. Through the thematic and technical parts, it also offers a lens through which to view challenges lying ahead and the possibilities and limitations of this understudied aspect of international law and relations.
Author : Rüdiger Wolfrum,Maja Seršić,Trpimir Šošić
Publisher : BRILL
Page : 950 pages
File Size : 49,9 Mb
Release : 2015-12-04
Category : Law
ISBN : 9789004245624
The Liber Amicorum Budislav Vukas offers essays on current issues of international law, primarily concerning the subjects of international law, the law of the sea, human rights law, including minorities’ protection, and dispute settlement.
Author : Hungdah Chiu
Publisher : Springer
Page : 0 pages
File Size : 49,6 Mb
Release : 2014-09-12
Category : Law
ISBN : 9401754233
Author : United Nations. Treaty Section
Publisher : Unknown
Page : 0 pages
File Size : 41,9 Mb
Release : 2012
Category : Political Science
ISBN : 9210552938
Revised and updated, this handbook by the Treaty Section of the United Nations Office of Legal Affairs is intended as a contribution to UN efforts to assist States in becoming parties to the international treaty framework. It is written in simple language and, with the aid of diagrams and step-by-step instructions, touches upon many aspects of treaty law and practice. This handbook is designed for use by States, international organizations and other relevant entities. In particular, it is intended to provide some degree of assistance to States that may have scarce resources and limited technical proficiency in treaty law and practice to participate fully in the multilateral treaty framework.
Author : Alan Boyle,Christine Chinkin
Publisher : OUP Oxford
Page : 368 pages
File Size : 49,5 Mb
Release : 2007-02-22
Category : Law
ISBN : 9780191021763
This is a study of the principal negotiating processes and law-making tools through which contemporary international law is made. It does not seek to give an account of the traditional - and untraditional - sources and theories of international law, but rather to identify the processes, participants and instruments employed in the making of international law. It accordingly examines some of the mechanisms and procedures whereby new rules of law are created or old rules are amended or abrogated. It concentrates on the UN, other international organisations, diplomatic conferences, codification bodies, NGOs, and courts. Every society perceives the need to differentiate between its legal norms and other norms controlling social, economic and political behaviour. But unlike domestic legal systems where this distinction is typically determined by constitutional provisions, the decentralised nature of the international legal system makes this a complex and contested issue. Moreover, contemporary international law is often the product of a subtle and evolving interplay of law-making instruments, both binding and non-binding, and of customary law and general principles. Only in this broader context can the significance of so-called 'soft law' and multilateral treaties be fully appreciated. An important question posed by any examination of international law-making structures is the extent to which we can or should make judgments about their legitimacy and coherence, and if so in what terms. Put simply, a law-making process perceived to be illegitimate or incoherent is more likely to be an ineffective process. From this perspective, the assumption of law-making power by the UN Security Council offers unique advantages of speed and universality, but it also poses a particular challenge to the development of a more open and participatory process observable in other international law-making bodies.
Author : Chris N. Okeke
Publisher : Unknown
Page : 282 pages
File Size : 55,8 Mb
Release : 1973
Category : International agencies
ISBN : UOM:39015031659181
Author : Maurizio Ragazzi
Publisher : Martinus Nijhoff Publishers
Page : 515 pages
File Size : 40,6 Mb
Release : 2013-07-04
Category : Business & Economics
ISBN : 9789004256088
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.