The Institutional Veil In Public International Law
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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 | : Catherine Brölmann |
Publisher | : |
Total Pages | : 313 |
Release | : 2007 |
Genre | : International agencies |
ISBN | : 9781472564054 |
Deals with the nature of international organisations and the tension between their legal nature and the system of classic, state-based international law. This book focuses on the law of treaties. It addresses the legal phenomenon of international organisations, their legal features as independent concepts, and more.
Author | : Armin Bogdandy |
Publisher | : Springer Science & Business Media |
Total Pages | : 990 |
Release | : 2010-02-11 |
Genre | : Law |
ISBN | : 3642045316 |
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 | : Jean d'Aspremont |
Publisher | : Edward Elgar Publishing |
Total Pages | : 275 |
Release | : 2015-02-27 |
Genre | : Law |
ISBN | : 178195528X |
Epistemic Forces in International Law examines the methodological choices of international lawyers through considering theories of statehood, sources, institutions and law-making. From this examination, Jean d'Aspremont presents a discerning insigh
Author | : Cecily Rose |
Publisher | : Cambridge University Press |
Total Pages | : 397 |
Release | : 2022-03-03 |
Genre | : Law |
ISBN | : 1108421458 |
Provides an accessible, balanced, and nuanced introduction to public international law, with examples of how the law applies in practice.
Author | : Ana Sofia Barros |
Publisher | : BRILL |
Total Pages | : 244 |
Release | : 2016-11-21 |
Genre | : Law |
ISBN | : 9004319808 |
International Organizations and Member State Responsibility: Critical Perspectives is the first international public law book entirely devoted to the topic of member state responsibility. Throughout its ten contributions, it takes stock of the legal developments brought about by the International Law Commission’s work on international responsibility, and critically unveils the major remaining conceptual gaps in the field. The novel approaches offered in the book serve as a repository of the various understandings within academia and legal practice that reflect the evolution of the contemporary law of international (member state) responsibility. Contributors: Ana Sofia Barros, Cedric Ryngaert, Jan Wouters, Antonios Tzanakopoulos, Catherine Brölmann, Esa Paasivirta, Francesco Messineo, Ige Dekker, Jean d’Aspremont, Niels Blokker, Paolo Palchetti, Ramses Wessel, Tom Dannenbaum This Volume was previously published as International Organizations Law Review Vol. 12, issue 2 (2015).
Author | : Huw Llewellyn |
Publisher | : BRILL |
Total Pages | : 479 |
Release | : 2021-03-22 |
Genre | : Law |
ISBN | : 9004447709 |
Huw Llewellyn offers a comparative institutional analysis of the five United Nations criminal tribunals (for the former Yugoslavia, Rwanda, Sierra Leone, Cambodia and Lebanon), assessing their institutional strengths and weaknesses, and tracing the tension between their governance and judicial independence.
Author | : Nataša Nedeski |
Publisher | : Cambridge University Press |
Total Pages | : 245 |
Release | : 2022-07-21 |
Genre | : Law |
ISBN | : 1108898343 |
There are various situations in which multiple states or international organizations are bound to an international obligation in the context of cooperative activities and the pursuit of common goals. This practical phenomenon of sharing international obligations raises questions regarding the performance of obligations (who is bound to do what) and international responsibility in case of a breach (who can be held responsible for what). This book puts forward a concept of shared obligations that captures this practical phenomenon and enables scholars and practitioners to tackle these questions. In doing so, it engages in positive law-based categorization and systematization, building on existing categorizations of obligations and putting forward new typologies of shared obligations. Ultimately, it is contended that the sharing of obligations has relevant legal implications: it can influence the content and performance of obligations as well as the responsibility relations that arise in case of a breach.
Author | : Viljam Engström |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 226 |
Release | : 2012-05-16 |
Genre | : Law |
ISBN | : 9004220313 |
The book illustrates the function of legal doctrines in a discourse on the extent of powers of international institutions, and questions whether a move to a constitutional vocabulary can transcend the dichotomy at the heart of diverging constructions of powers.
Author | : Rossana Deplano |
Publisher | : Cambridge University Press |
Total Pages | : 255 |
Release | : 2022-08-04 |
Genre | : Business & Economics |
ISBN | : 1108483666 |
The book examines how the resolutions of the UN General Assembly acquire legal significance through state practice. By using an empirically-grounded research methodology, it enriches the existing scholarly literature in this field and provides unique insights into the concept of legal significance, showing how it develops through state practice.