The Institutional Problem In Modern International Law
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Author | : Richard Collins |
Publisher | : Bloomsbury Publishing |
Total Pages | : 447 |
Release | : 2016-11-03 |
Genre | : Law |
ISBN | : 1509900446 |
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.
Author | : Aaron Schwabach |
Publisher | : EOLSS Publications |
Total Pages | : 436 |
Release | : 2009-08-30 |
Genre | : |
ISBN | : 1848260784 |
International Law and Institutions is a component of Encyclopedia of Institutional and Infrastructural Resources in the global Encyclopedia of Life Support Systems (EOLSS), which is an integrated compendium of twenty one Encyclopedias. The main role of international law is to promote global peace and prosperity. Ideally, international law and its accompanying institutions act as a balm to smoothen and rationalize opposing interests that nations may have. This theme on International Law and Institutions addresses International Legal and Economic Issues: Globalization and the Struggle for Local Control and International Environmental Law, which are then expanded into multiple subtopics, each as a chapter. This volume is aimed at the following five major target audiences: University and College students Educators, Professional practitioners, Research personnel and Policy analysts, managers, and decision makers and NGOs.
Author | : Richard Collins |
Publisher | : Bloomsbury Publishing |
Total Pages | : 304 |
Release | : 2016-11-03 |
Genre | : Law |
ISBN | : 1509900438 |
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.
Author | : Samantha Besson |
Publisher | : Collège de France |
Total Pages | : 26 |
Release | : 2021-09-14 |
Genre | : Law |
ISBN | : 2722605821 |
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.
Author | : B. S. Chimni |
Publisher | : Cambridge University Press |
Total Pages | : 649 |
Release | : 2017-05-25 |
Genre | : Law |
ISBN | : 1108210287 |
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.
Author | : Henry G. Schermers |
Publisher | : BRILL |
Total Pages | : 1336 |
Release | : 2021-11-15 |
Genre | : Law |
ISBN | : 9047412745 |
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.
Author | : Catherine Brölmann |
Publisher | : Bloomsbury Publishing |
Total Pages | : 330 |
Release | : 2007-09-13 |
Genre | : Law |
ISBN | : 1847313795 |
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 | : Georg Schwarzenberger |
Publisher | : Abingdon [Eng.] : Professional Books |
Total Pages | : 158 |
Release | : 1976 |
Genre | : Law |
ISBN | : |
Author | : Henry G. Schermers |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 1310 |
Release | : 2011-08-11 |
Genre | : Law |
ISBN | : 9004187987 |
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.
Author | : Matthias Ruffert |
Publisher | : Hart Pub Limited |
Total Pages | : 325 |
Release | : 2014-02-06 |
Genre | : Law |
ISBN | : 9781849464949 |
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.