Download or read book La repr sentation institutionnelle dans l ordre international written by Evelyne Lagrange and published by BRILL. This book was released on 2021-10-18 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: L'institutionnalisation et l'organisation d'un ordre juridique sur un mode représentatif impliquent un processus de différenciation fonctionnelle entre représentés et représentants permettant la réduction de la multiplicité à l'unité. La personne morale apparaît comme le terme réunificateur de tout système representative. Dans l'ordre international, ce processus est perturbé par la présence, dans les organs intergouvernementaux, de représentants d'Etat qui sont autant d'organes des Etats membres, présence prolongée par le consentement aux actes adoptés en leur sein. Quel en est donc le sujet d'imputation : l'organisation ou ses membres ? Une théorie de l'acte doit être développée au coeur de la théorie de l'organe pour démontrer que l'organisation internationale est la personnification juridique d'une collectivité d'Etats dotée d'un système représentatif, et n'est que cela. La qualité de partie à un traité constitutif et de membre d'une organisation internationale ne prive l'Etat d'aucun des attributs de la souveraineté dans l'ordre international. Au contraire, la faculté d'investir un sujet de droit de compétences nouvelles est précisément un attribut de la souveraineté : l'organisation est tout entière une création des Etats membres. Leur souveraineté n'inhibe pas le processus de personnification de l'organisation qui, en retour, ne la confisque pas : la souveraineté et la relativité des rapports juridiques demeurent les principes régulateurs de l'ordre international.
Download or read book Evolutions in the Law of International Organizations written by Virzo and published by Hotei Publishing. This book was released on 2015-02-11 with total page 573 pages. Available in PDF, EPUB and Kindle. Book excerpt: Because of their increasing prevalence and diversity, International Organizations (IOs) are one of the most striking legal phenomena in contemporary international law. Evolutions in the Law of International Organizations, is a collection of essays discussing the ever-changing nature of IOs. It covers all the many considerable practical evolutions in the law of, offers a discussion of theoretical issues and proposes solutions to many crucial problems related to these institutional developments. The book explores controversial institutional issues arising from recent developments in the complex international practice of IOs and includes contributions about the definition of IOs, the role of "soft" IOs and regional IOs, the reformation of international financial institutions, and the liability of IOs for their actions, among others.
Download or read book The Concept of an International Organization in International Law written by Lorenzo Gasbarri and published by Oxford University Press. This book was released on 2021 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book asks what the legal definition of an international organization is by examining how they create particular legal systems that derive from international law, and analysing the systems of governance in these organizations.
Download or read book Theories of International Responsibility Law written by Samantha Besson and published by Cambridge University Press. This book was released on 2022-09-08 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is no issue more central to a legal order than responsibility, and yet the dearth of contemporary theorizing on international responsibility law is worrying for the state of international law. The volume brings philosophers of the law of responsibility into dialogue with international responsibility law specialists. Its tripartite structure corresponds to the three main theoretical challenges in the contemporary practice of international responsibility law: the public and private nature of the international responsibility of public institutions; its collective and individual dimensions; and the place of fault therein. In each part, two international lawyers and two philosophers of responsibility law address the most pressing questions in the theory of international responsibility law. The volume closes with a comparative 'world tour' of the responsibility of public institutions in four different legal cultures and regions, identifying stepping-stones and stumbling blocks on the path towards a common law of international responsibility.
Download or read book International Law written by Jan Wouters and published by Bloomsbury Publishing. This book was released on 2018-12-13 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook offers for the first time a comprehensive analysis of the classic doctrines and main areas of international law from a European perspective, meeting the needs of the many European law schools teaching public international law in English. Special attention is devoted to the practice of the European Union, the Council of Europe and European States – both civil law and common law countries – with regard to international law. In particular the book analyses the interplay between international law, EU law and national law in the case law of the Court of Justice of the EU, the European Court of Human Rights and national jurisdictions in Europe. It provides the reader with insights into how the international legal practice of the EU and its Member States impacts the development of international law, both in terms of doctrines such as treaty-making and customary law, the exercise of (extraterritorial) jurisdiction, state responsibility and the settlement of disputes, as well as particular sub-fields of international law, such as human rights law and international economic law. In addition the book covers other important areas such as the use of force and collective security, the law of armed conflict, and global and regional international organisations. It provides European perspectives on all these issues and will be of great value to students, scholars and practitioners.
Download or read book Access to Justice and International Organizations written by Pierre Schmitt and published by Edward Elgar Publishing. This book was released on 2017-08-25 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent examples such as the cholera outbreak in Haiti demonstrate that individual victims of human rights violations by international organizations are frequently left in the cold. Following an examination of the human rights obligations of international organizations, this book scrutinizes their dispute settlement mechanisms as well as the conflict between their immunities and the right of access to justice before national jurisdictions. It concludes with normative proposals addressed both to international organizations and to national judges confronted with such cases.
Download or read book The European Court of Justice and External Relations Law written by Marise Cremona and published by Bloomsbury Publishing. This book was released on 2014-09-25 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection appraises the role, self-perception, reasoning and impact of the European Court of Justice on the development of European Union (EU) external relations law. Against the background of the recent recasting of the EU Treaties by the Treaty of Lisbon and at a time when questions arise over the character of the Court's judicial reasoning and the effect of international legal obligations in its case law, it discusses the contribution of the Court to the formation of the EU as an international actor and the development of EU external relations law, and the constitutional challenges the Court faces in this context. To what extent does the position of the Court contribute to a specific conception of the EU? How does the EU's constitutional order, as interpreted by the Court, shape its external relations? The Court still has only limited jurisdiction over the EU's Common Foreign and Security Policy: why has this decision been taken, and what are its implications? And what is the Court's own view of the relationship between court(s) and foreign policy, and of its own relationship with other international courts? The contributions to this volume show that the Court's influence over EU external relations derives first from its ability to shape and define the external competence of the EU and resulting constraints on the Member States, and second from its insistence on the autonomy of the EU legal order and its role as 'gatekeeper' to the entry and effect of international law into the EU system. It has not - in the external domain - overtly exerted influence through shaping substantive policy, as it has, for example, in relation to the internal market. Nevertheless the rather 'legalised' nature of EU external relations and the significance of the EU's international legal commitments mean that the role of the Court of Justice is more central than that of a national court with respect to the foreign policy of a nation state. And of course its decisions can nonetheless be highly political.
Download or read book The Legal Foundations of INTERPOL written by Rutsel Silvestre J Martha and published by Bloomsbury Publishing. This book was released on 2020-11-26 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the publication of the extremely well regarded first edition of this title, the legal regime which forms the basis for INTERPOL has changed significantly due to increasing criticism and calls for reform. This timely new edition provides a complete update to reflect the significant developments within the Organization since 2010. This new edition also examines INTERPOL's internal and external law and situates INTERPOL's assistance to its members in the legal regime of responsibility. It is the first text to undertake this task. It draws on the jurisprudence of the Commission for the Control of INTERPOL's Files and the authors' extensive experience before this body to discuss in great detail how an individual can challenge INTERPOL's interventions (including the issuance of notices) on the basis of the Organization's internal rules. It also meticulously describes the procedures under which INTERPOL members might challenge INTERPOL's interventions and how an individual can hold INTERPOL responsible for breaches of its external law. Retaining the clarity of expression and expert analysis that were hallmarks of the first edition, this book is required reading for practitioners and academics alike. It provides academics with a valuable case study on the creation of an international organisation and the responsibility of international organisations, and it offers practitioners a forensic analysis of how to challenge INTERPOL and its actions.
Download or read book In Whose Name written by Armin von Bogdandy and published by OUP Oxford. This book was released on 2014-07-25 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The vast majority of all international judicial decisions have been issued since 1990. This increasing activity of international courts over the past two decades is one of the most significant developments within the international law. It has repercussions on all levels of governance and has challenged received understandings of the nature and legitimacy of international courts. It was previously held that international courts are simply instruments of dispute settlement, whose activities are justified by the consent of the states that created them, and in whose name they decide. However, this understanding ignores other important judicial functions, underrates problems of legitimacy, and prevents a full assessment of how international adjudication functions, and the impact that it has demonstrably had. This book proposes a public law theory of international adjudication, which argues that international courts are multifunctional actors who exercise public authority and therefore require democratic legitimacy. It establishes this theory on the basis of three main building blocks: multifunctionality, the notion of an international public authority, and democracy. The book aims to answer the core question of the legitimacy of international adjudication: in whose name do international courts decide? It lays out the specific problem of the legitimacy of international adjudication, and reconstructs the common critiques of international courts. It develops a concept of democracy for international courts that makes it possible to constructively show how their legitimacy is derived. It argues that ultimately international courts make their decisions, even if they do not know it, in the name of the peoples and the citizens of the international community.
Download or read book Collective Security written by Nikolaos K. Tsagourias and published by Cambridge University Press. This book was released on 2013-10-31 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: A systematic analysis and assessment of the institutional, operational, legal and accountability parameters of the United Nations collective security system.
Download or read book The Legal Framework of the OSCE written by Mateja Steinbrück Platise and published by Cambridge University Press. This book was released on 2019-05-30 with total page 801 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Organization for Security and Cooperation in Europe (OSCE), the world's largest regional security organisation, possesses most of the attributes traditionally ascribed to an international organisation, but lacks a constitutive treaty and an established international legal personality. Moreover, OSCE decisions are considered mere political commitments and thus not legally binding. As such, it seems to correspond to the general zeitgeist, in which new, less formal actors and forms of international cooperation gain prominence, while traditional actors and instruments of international law are in stagnation. However, an increasing number of voices - including the OSCE participating states - have been advocating for more formal and autonomous OSCE institutional structures, for international legal personality, or even for the adoption of a constitutive treaty. The book analyses why and how these demands have emerged, critically analyses the reform proposals and provides new arguments for revisiting the OSCE legal framework.
Download or read book Droits de l investisseur tranger et protection de l environnement written by Sabrina Robert-Cuendet and published by BRILL. This book was released on 2010-05-12 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consacré à la définition controversée de l’expropriation indirecte en droit international, cet ouvrage, à travers l’exemple des réglementations environnementales, offre une analyse complète de la question et propose une lecture innovante des principes applicables à la protection des investisseurs étrangers. Drawing on the controversial definition of indirect expropriation in international law, this book, through the example of environmental regulation, provides a comprehensive analysis of this topic and offers an innovative rereading of principles applicable to the protection of foreign investors.
Download or read book The Responsibility to Protect R2P written by Peter Hilpold and published by Martinus Nijhoff Publishers. This book was released on 2014-11-06 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: After having been introduced by the Report of the International Commission on Intervention and State Sovereignty (ICISS) in 2001 and after its affirmation by the UN World Summit in 2005 the concept of R2P has found broad approval both by international law doctrine and practice. It is fair to say that international law thinking has been profoundly influenced by this new approach. Nonetheless, many questions in this regard are still open. In this volume international lawyers discuss a series of fundamental aspect of R2P: the historical dimension, the relationship between R2P and general international law and the dynamics surrounding this concept. In particular it will be examined in which direction this concept will probably evolve. Contributors are: Alex Bellamy, Enzo Cannizzaro, Martina Caroni, Thomas Cottier, Hans-Georg Dederer, Fernand de Varennes, Oliver Diggelmann, Caro Focarelli, Andrea Gattini, Hans-Joachim Heintze, Peter Hilpold, Karolina Januszewski, Stefan Kadelbach, Federico Lenzerini, Manfred Nowak, Karin Oellers-Frahm, Nadakavukren Scheffer, Peter-Tobias Stoll, and Lotta Viikari
Download or read book EU Law Enforcement written by Stefano Montaldo and published by Routledge. This book was released on 2021-02-22 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: The existence of a structured enforcement system is an inherent feature of national legal orders and one of the core elements of State sovereignty. The very limited power to issue sanctions has often been deemed a gap in the EC legal order. Over the years, the situation has progressively changed. The Union’s institutional setting is growing in complexity and a variety of agencies has been or is expected to be endowed with law enforcement responsibilities. In addition, the so-called competence creep has led the EU to play an increasingly prominent role in several areas of EU law enforcement, including the issuing of sanctions. This book examines these developments, focusing on both the general features of the EU legal order and the analysis of key-substantive areas, such as banking and monetary union, environmental law, and data protection. The work thus presents a general framework for understanding EU sanctioning based on structural features and general legal principles. Part I develops an analytical framework, tracking the most significant evolutive patterns of EU sanctioning powers. Part II adopts a more practical approach focusing on specific issues and policy areas. The book bridges a gap in existing literature and sheds new light on the relationship between the exercise of jus puniendi and the evolution of EU integration.
Download or read book Governance As Responsibility written by Ana Sofia Barros and published by Cambridge University Press. This book was released on 2019-07-18 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores criteria determining the international responsibility of member states for failure to protect human rights in international financial institutions.
Download or read book The Vienna Conventions on the Law of Treaties written by Olivier Corten and published by Oxford University Press, USA. This book was released on 2011 with total page 2171 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1969 and 1986 Vienna Conventions on the Law of Treaties are essential components of the international legal order. This is the first Commentary on their provisions, containing thorough and well-structured analyses of each of their Articles. It draws on preparatory works and practice and is written by a large collection of experts from the field
Download or read book International Bibliography of Book Reviews of Scholarly Literature Chiefly in the Fields of Arts and Humanities and the Social Sciences written by and published by . This book was released on 2003 with total page 1096 pages. Available in PDF, EPUB and Kindle. Book excerpt:
