[PDF] The Institutional Veil In Public International Law eBook

Author : Catherine Brölmann
Publisher : Bloomsbury Publishing
Page : 330 pages
File Size : 45,85 MB
Release : 2007-09-13
Category : Law
ISBN : 1847313795

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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 : Richard Collins
Publisher : Hart Publishing
Page : pages
File Size : 25,25 MB
Release : 2016
Category : International law
ISBN : 9781474203142

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This book sets out a plea for lawyers to understand the purpose and potential of international law on its own terms.

Author : Henry G. Schermers
Publisher : Martinus Nijhoff Publishers
Page : 1310 pages
File Size : 39,65 MB
Release : 2011-08-11
Category : Law
ISBN : 9004187987

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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 : Henry G. Schermers
Publisher : BRILL
Page : 1336 pages
File Size : 21,77 MB
Release : 2021-11-15
Category : Law
ISBN : 9047412745

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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 : Jan Anne Vos
Publisher : Springer Science & Business Media
Page : 300 pages
File Size : 13,74 MB
Release : 2013-02-26
Category : Law
ISBN : 9067048615

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This book addresses fundamental aspects of the concept of public international law in both theory and practice. The argument developed by the author is that, underlying the traditional, horizontal, structure of public international law, a vertical structure of the concept of law may be discerned. This vertical structure is seen unfolding into two, mutually exclusive, frameworks: a framework of obligation, accounting for obligations, and a framework of authorization, accounting for rights. The problem then arising is that a concept of public international law which only admits either rights or obligations cannot be regarded as coherent. The author, however, takes and substantiates the position that coherence can be achieved by suppressing the mutual exclusivity of both frameworks. This move paves the way to formulating the function of public international law in terms of the constituting of international society. Since in public international law the theoretical aspects profoundly affect practice, this book is not only of interest to academics, but also for practitioners, such as officials of foreign offices and international institutions.

Author : Jean d'Aspremont
Publisher : Edward Elgar Publishing
Page : 209 pages
File Size : 49,67 MB
Release : 2023-11-03
Category : Law
ISBN : 1035319543

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This groundbreaking book uses the idea of experience to investigate the various ways in which international organizations are understood by judges, legal practitioners, legal researchers, legal theorists, and thinkers of global governance.

Author : Nikolaos Voulgaris
Publisher : Bloomsbury Publishing
Page : 256 pages
File Size : 34,83 MB
Release : 2019-05-16
Category : Law
ISBN : 1509925732

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The ever-growing interaction between member States and international organisations results, all too often, in situations of non-conformity with international law (eg peacekeeping operations, international economic adjustment programmes, counter-terrorism sanctions). Seven years after the finalisation of the International Law Commission's Articles on the Responsibility of International Organisations (ARIO), international law on the allocation of international responsibility between these actors still remains unsettled. The confusion around the nature and normative calibre of the relevant rules, the paucity of relevant international practice supporting them and the lack of a clear and principled framework for their elaboration impairs their application and restricts their ability to act as effective regulatory formulas. This study aims to offer doctrinal clarity in this area of law and purports to serve as a point of reference for all those with a vested interest in the topic. For the first time since the publication of the ARIO, all international responsibility issues dealing with interactions between member States and international organisations are put together in one book under a common approach. Structured around a systematisation of the interactions between these actors, the study provides an analytical framework for the regulation of indirect responsibility scenarios. Based on the ideas of the intellectual fathers of international law, such as Scelle's 'dédoublement fonctionnel' theory and Ago's 'derivative responsibility' model, the book employs old ideas to add original argumentation to a topic that has been dealt with extensively by recent commentators.

Author : Cecily Rose
Publisher : Cambridge University Press
Page : 397 pages
File Size : 47,92 MB
Release : 2022-03-03
Category : Law
ISBN : 1108421458

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Provides an accessible, balanced, and nuanced introduction to public international law, with examples of how the law applies in practice.