The Capacity of International Organizations to Conclude Treaties, and the Special Legal Aspects of the Treaties so Concluded

The Capacity of International Organizations to Conclude Treaties, and the Special Legal Aspects of the Treaties so Concluded
Author: Hungdah Chiu
Publisher: Springer
Total Pages: 240
Release: 2012-12-06
Genre: Law
ISBN: 9401509115

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.

An Introduction to International Organizations Law

An Introduction to International Organizations Law
Author: Jan Klabbers
Publisher: Cambridge University Press
Total Pages: 423
Release: 2022-03-10
Genre: Law
ISBN: 1108842208

Provides a framework for understanding how organizations are set up and the logic behind international organizations law.

The Oxford Guide to Treaties

The Oxford Guide to Treaties
Author: Duncan B. Hollis
Publisher:
Total Pages: 897
Release: 2020
Genre: Law
ISBN: 019884834X

This guide is an authoritative reference point for anyone interested in the creation or interpretation of treaties and other forms of international agreement. It covers the rules and practices surrounding their making, interpretation, and operation, and uses hundreds of real examples to illustrate different approaches treaty-makers can take.

The Exclusive Treaty-Making Power of the European Community up to the period of the Single European Act

The Exclusive Treaty-Making Power of the European Community up to the period of the Single European Act
Author: Moshe Kaniel
Publisher: BRILL
Total Pages: 236
Release: 2023-07-24
Genre: Law
ISBN: 9004633480

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.

Vienna Convention on the Law of Treaties

Vienna Convention on the Law of Treaties
Author: Oliver Dörr
Publisher: Springer Science & Business Media
Total Pages: 1414
Release: 2011-11-22
Genre: Law
ISBN: 3642192912

The Commentary on the Vienna Convention on the Law of Treaties provides an in-depth article-by-article analysis of all provisions of the Vienna Convention. The texts are uniformly structured: (I) Purpose and Function of the Article, (II) Historical Background and Negotiating History, and (III) Elements of the Article. The Vienna Convention on Treaties between States and IOs and between IOs is taken into account where appropriate. In sum, the present Commentary contains a comprehensive legal analysis of all aspects of the international law of treaties. Where the law of treaties reaches into other fields of international law, e.g. the law of state responsibility, the relevant interfaces are discussed and contextualized. With its focus on international practice, the Commentary is addressed to academia, as well as to practitioners of international law.

The Law of Interactions Between International Organizations

The Law of Interactions Between International Organizations
Author: Henner Gött
Publisher: Springer Nature
Total Pages: 539
Release: 2021-02-02
Genre: Law
ISBN: 3662623897

The book analyses how international law addresses interactions between international organizations. In labour governance, these interactions are ubiquitous. They offer each organization an opportunity to promote its model of labour governance, yet simultaneously expose it to adverse influence from others. The book captures this ambivalence and examines the capacity of international law to mitigate it. Based on detailed case studies of mutual influence between the International Labour Organization, the World Bank, and the Council of Europe, the book offers an in-depth analysis of the pertinent law and its key challenges, both at institutional and inter-organizational level. The author envisions a law of inter-organizational interactions as a normative framework structuring interactions and enhancing the effectiveness and legitimacy of multi-institutional governance.

Austrian Review of International and European Law

Austrian Review of International and European Law
Author: Gerhard Loibl
Publisher: Martinus Nijhoff Publishers
Total Pages: 470
Release: 2001-01-01
Genre: Law
ISBN: 9789041115362

The "Austrian Review of International and European Law" is an annual publication that provides a scholarly forum for the discussion of issues of public international and European law, with particular emphasis on topics of special interest for Austria. Its analytical articles focus on theoretical questions, current developments, and emerging tendencies in all areas of the field, including detailed reviews of relevant recent literature. Issues of human rights law and the law of international organisations are also covered. An important integral element of the Review is its digest of Austrian practice in public international law, encompassing both executive and judicial developments. The editorial board and advisory board comprises scholars and practitioners in public international and European law, ensuring that the Review adequately reflects the interrelationships between current developments and the continuing evolution of this important area of legal theory and practice.

International Law

International Law
Author: Malcolm N. Shaw
Publisher: Cambridge University Press
Total Pages: 1069
Release: 2014-09-18
Genre: Law
ISBN: 1316061272

This new edition of International Law confirms the text's status as the definitive book on the subject. Combining both his expertise as academic and practitioner, Malcolm Shaw's survey of the subject motivates and challenges both student and professional. By offering an unbeatable combination of clarity of expression and academic rigour, he ensures both understanding and critical analysis in an engaging and authoritative style. The text has been updated throughout to reflect recent case law and treaty developments. It retains the detailed references which encourage and assist further reading and study.