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Author: Maurizio Ragazzi
Publisher: Martinus Nijhoff Publishers
ISBN: 9004256083
Category : Business & Economics
Languages : en
Pages : 515
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Book Description
In December 2011, the United Nations General Assembly adopted the International Law Commission's articles on the responsibility of international organizations, bringing to conclusion not only nearly ten years of reflection by the Commission, governments and organizations on this specific topic, but also decades of study of the wider subject of international responsibility, which had initially focused on State responsibility. Parallel to this reflection by the Commission, diplomats and public officials, the body of international case-law and literature on the many facets of the topic has steadily been growing. Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie contributes to the body of international literature by collecting a broad spectrum of different and sometimes differing perspectives from well-known experts in the field, ranging from the bench to the Commission, academia, and the world of in-house counsel. The book is also a memorial to the renowned Sir Ian Brownlie, himself a former Chairman of the International Law Commission who, as a leading scholar and practitioner, greatly contributed to the reflection on international responsibility, including the responsibility of international organizations. Edited by Maurizio Ragazzi, a former pupil of Sir Ian, the book is an ideal companion to International Responsibility Today, a collection of essays on international responsibility which the same editor presented in 2005 in memory of Oscar Schachter, and to which Sir Ian Brownlie had contributed. The essays collected in Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie, conveniently grouped by the editor under broad areas for the reader's benefit, will be relevant not only to all those interested in this specific subject but also, more generally, to all those engaged in the field of international law and the law of international organizations.
Author: Maurizio Ragazzi
Publisher: Martinus Nijhoff Publishers
ISBN: 9004256083
Category : Business & Economics
Languages : en
Pages : 515
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Book Description
In December 2011, the United Nations General Assembly adopted the International Law Commission's articles on the responsibility of international organizations, bringing to conclusion not only nearly ten years of reflection by the Commission, governments and organizations on this specific topic, but also decades of study of the wider subject of international responsibility, which had initially focused on State responsibility. Parallel to this reflection by the Commission, diplomats and public officials, the body of international case-law and literature on the many facets of the topic has steadily been growing. Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie contributes to the body of international literature by collecting a broad spectrum of different and sometimes differing perspectives from well-known experts in the field, ranging from the bench to the Commission, academia, and the world of in-house counsel. The book is also a memorial to the renowned Sir Ian Brownlie, himself a former Chairman of the International Law Commission who, as a leading scholar and practitioner, greatly contributed to the reflection on international responsibility, including the responsibility of international organizations. Edited by Maurizio Ragazzi, a former pupil of Sir Ian, the book is an ideal companion to International Responsibility Today, a collection of essays on international responsibility which the same editor presented in 2005 in memory of Oscar Schachter, and to which Sir Ian Brownlie had contributed. The essays collected in Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie, conveniently grouped by the editor under broad areas for the reader's benefit, will be relevant not only to all those interested in this specific subject but also, more generally, to all those engaged in the field of international law and the law of international organizations.
Author: Olivier De Schutter
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
This paper proposes a new approach to the law of international responsibility, as it applies to activities of international organisations and their member states. Part I addresses the question of whether international organizations are bound, under international law, to respect human rights. It shows that, while it would be possible to build a theory deriving the obligations of the international organization from the preexisting obligations of its member States, particularly those imposed under the human rights treaties to which these States are parties, this line of reasoning fails on practical grounds, as it would result in too important obstacles being imposed on international co-operation. In contrast, grounding the human rights obligations of international organizations on general public international law, independently of any commitments of their member States under human rights treaties, appears both feasible and compatible with the requirements of international co-operation. Part II then explores the international responsibility of the member States of an international organization, where measures adopted by the latter result in a violation of human rights. In order to evaluate the emerging regime of State responsibility for the acts of international organizations of which it is a member, it considers the three moments which characterize such membership: it distinguishes (1) the initial attribution of competences to the international organization ; (2) the participation in the decision-making procedures within the organization ; and (3) the implementation, by its member States, of any acts adopted within the international organization. It puts forward the thesis that, while the international law of State responsibility has offered answers concerning whether a responsibility may exist at each of these moments, it has failed to consider their interrelationship. This segmented approach to State responsibility constitutes the main source of its insufficiencies. In its place, a 'sliding scales' theory of State responsibility is presented. According to this logic, the role of the State at any of the three junctures distinguished above should be evaluated by taking into account its role at the other junctures : in particular, the more a State retains influence on the decision-making process within the international organization, or the more it may obstruct implementation of the decisions of the organization, the easier it will be to justify the delegation of extensive powers to the international organization, even in circumstances where such a transfer of powers could result in the adoption by the international organization of measures which infringe upon human rights. Part III then examines the mechanisms which would allow to hold international organizations accountable for any violations of human rights which they commit, or which they contribute to. Three such mechanisms are discussed in turn : self-regulation, accession of the international organization to treaty-based international regimes, and judicial control exercised by national courts. The respective strengths and weaknesses of each of these mechanisms are highlighted. On the basis of this review, the logic of sliding scales for the evaluation of State responsibility is expanded further to include the emergence of those mechanisms. It is argued that the standards used for evaluating the responsibility of the member States of international organizations for the acts of the latter should take into account whether or not accountability mechanisms have been set up ensuring that the organization will comply with any human rights standards equivalent to those imposed on the member States. This results in a reverse principle of proportionality : the more the international organization is subject to monitoring mechanisms, whether internal or external, the more it would be acceptable for States to transfer large competences to the organization and to renounce controlling the organization from within or blocking the implementation of any decisions adopted within the organization.
Author: Eva Brems
Publisher:
ISBN: 9781780680668
Category : Human rights
Languages : en
Pages : 0
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Book Description
With the proliferation of international organizations and their ever increasing role in a wide range of policy fields, situations multiply in which human rights are threatened or violated through the actions, operations, or policies of such organizations. This book is the first to explore these problems in a comprehensive manner and to examine the accountability mechanisms that are available. In the first section, the contributions study general concepts, such as the accountability of international organizations as an evolving legal concept, international organizations as independent actors, the logic of sliding scales in the law of international responsibility, and the relations between the international organizations and their Member States in regard to their respective obligations and responsibilities. Subsequent parts of the book focus on the accountability for human rights violations attributable to international organizations in four areas: peace and humanitarian operations, international civil administration, economic governance, and the staff of international organizations.
Author: James David Armstrong
Publisher: London : Macmillan
ISBN:
Category : Political Science
Languages : en
Pages : 184
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Book Description
Author: Sonu Trivedi
Publisher: Atlantic Publishers & Dist
ISBN: 9788126904310
Category : International agencies
Languages : en
Pages : 472
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Book Description
International Organisations Have Affected All Of Us In Our Daily Lives, No Matter We Realize It Or Not. Hence, Every Enlightened Citizen Of His Own Country And Of The World Ought To Have Knowledge Of Their Role, Functioning, System, And Above All Their Relevance In The Modern World. The Loss Of Several Million Lives In The First World War Showed The Necessity For An International Organisation So As To Establish Peace In The Entire World. With This Aim The League Of Nations Later Succeeded By The United Nations Was Formed.Over The Past Few Years There Has Been A Significant Increase In The Efforts Of Developing Countries To Achieve Regional Economic Integration. In Various Parts Of The Developing World, Existing Regional Arrangements Have Been Revitalised Or Expanded And New Groupings Formed. This Book Is Not Intended As A General History Of International Organisations Because Such Histories Are Available In Much Greater Details Than That Could Be Attempted Here. It Is Rather A Description And A Brief Overview Of The United Nations System And Other Major International And Regional Organisations Of The World Like The Amnesty International, G-77, The International Criminal Court, Apec, Oecd, Opec, Nam, Nafta, The Commonwealth, Wco, Iom, Eu, Asean, Saarc, Interpol, Etc.This Book Would Be Found Most Useful By The Scholars Of Political Science, Public Administration, International Relations And Others. It Would Also Appeal To The General Readers Keen To Know About The Recent Global Developments And Strategies Adopted By The Various International Organisations Across The World.
Author: Alvin LeRoy Bennett
Publisher: Pearson
ISBN:
Category : Political Science
Languages : en
Pages : 534
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Book Description
Preface p. IX Chapter 1 Introduction p. 1 The Role of International Organizations in Today's World p. 2 Intellectual Roots of International Organization p. 4 Early Organizational Efforts p. 9 International Relations, Globalization, and Global Governance p. 13 International Organization and Governance in a Turbulent Time p. 24 Chapter 2 A Great Experiment: The League of Nations p. 27 Founding of the League of Nations p. 28 Essential Features of the League p. 30 Successes and Failures of the League of Nations p. 38 General Assessment of the League of Nations p. 43 Chapter 3 The Genesis of the United Nations p. 46 Preliminary Stages of Postwar Planning p. 47 The Dumbarton Oaks Conversations p. 51 From Yalta to San Francisco p. 52 The San Francisco Conference p. 54 Launching the New Organization p. 57 Chapter 4 Basic Principles and Organization of the United Nations p. 59 Objectives of the United Nations p. 60 Basic Principles of the Charter p. 61 Principal Organs of the United Nations p. 65 Chapter 5 Basic Structure and Operations of the United Nations p. 80 The Membership Issue p. 80 Problems of Representation p. 85 Voting Rules and Practices p. 91 Formal and Informal Charter Amendment p. 96 Financial Problems p. 98 Chapter 6 Peaceful Settlement of Disputes p. 107 Importance of Peaceful Settlement p. 107 Charter Procedures and Methods p. 108 United Nations Experience--Survey and Case Studies p. 113 Changing Roles of UN Organs p. 139 General Appraisal and Future Requirements p. 142 Chapter 7 Collective Security and its Alternatives: Theory and Practice p. 145 The Nature of Collective Security p. 145 The League of Nations and Collective Security p. 149 Charter Provisions and Realities p. 151 Peacekeeping Innovations p. 156 Case Studies in Collective Security and Peacekeeping p. 163 General Assessment of UN Practice p. 175 Chapter 8 The Search for Justice under Law p. 178 Law in National and International Systems p. 179 Legal Developments before 1945 p. 182 The Charter as an Instrument of International Law p. 183 The Role of the International Court of Justice p. 186 The Role of the International Law Commission p. 201 Newly Established International Criminal Courts p. 204 Other Agencies Promoting World Law p. 205 Assessing Our Progress p. 209 Chapter 9 Controlling the Instruments of War p. 212 Disarmament: A Discouraging History p. 213 Disarmament and Arms Control after World War II p. 216 Continued Frustrations Within and Outside the United Nations p. 218 Arms Control--One Step at a Time p. 221 The Need for Control p. 234 Chapter 10 Varieties of Regionalism p. 236 The Pros and Cons of Regionalism p. 236 Regionalism under the UN Charter p. 239 Multipurpose Regional Organizations p. 244 Regional Security Organizations p. 256 Functional Regional Organizations p. 262 UN Regional Commissions p. 270 General Assessment of Regionalism p. 272 Chapter 11 Globalization, Transnationalism, and International Organization p. 274 Perspectives p. 274 The Multinational Corporation p. 277 Nongovernmental Organizations and Transnational Relations p. 282 Transnationalism and Civil Society p. 290 Conclusion p. 295 Chapter 12 Promoting Economic Welfare p. 297 World Economic Interdependence p. 298 The UN Network of Agencies p. 305 Problems of Economic Development p. 309 Development Programs of the United Nations p. 312 Financing Economic Development p. 322 Rich Nations and Poor Nations p. 326 A Perspective on the Future p. 328 Chapter 13 Managing Global Resources p. 331 Food and Agriculture p. 331 Population p. 337 Energy p. 340 Environment p. 343 Law of the Sea p. 350 Chapter 14 Promoting Social Progress p. 358 Charter Goals and World Needs p. 358 Promoting Improved Health Standards p. 361 Focus on Child Welfare and Youth p. 364 The Question of Aging p. 366 Improving Conditions of Labor p. 368 Cooperation in Education, Science, and Culture p. 372 Combating Narcotic Drugs and Crime p. 376 Refugee Programs and Disaster Relief p. 379 Assessing Social Progress p. 382 Chapter 15 Human Rights and the Struggle for Self-Government p. 384 The League Mandates System p. 385 Rush to Self-Government p. 387 The UN Trusteeship System p. 389 The Record of Trusteeship p. 392 The Charter and Non-self-governing Territories p. 396 Increasing Pressures for Emancipation p. 398 Problems of Residual Colonialism p. 400 Problems after Political Independence p. 400 Emphasis on Human Rights p. 401 Chapter 16 International Administration and the Search for Leadership p. 412 The Development of the International Civil Service p. 412 The International Civil Servant in the United Nations p. 416 The Role of the Secretariat p. 421 Tasks and Influences of the Secretary-General p. 424 Bases of Influence and Leadership p. 434 The Need for International Leadership p. 437 Chapter 17 International Organization in Retrospect and Prospect p. 439 Sources of Discouragement p. 440 Summary of Achievements p. 442 Future Needs and Prospects p. 447 Bibliography p. 451 General Sources p. 451 Selected Bibliography by Chapters p. 452 Appendix I Covenant of the League of Nations p. 462 Appendix II Charter of the United Nations p. 472 Appendix III Members of the United Nations p. 498 Index p. 503.
Author: Mateja Steinbrück Platise
Publisher: Cambridge University Press
ISBN: 1108615147
Category : Law
Languages : en
Pages : 801
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Book Description
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.
Author: Jan Klabbers
Publisher: Cambridge University Press
ISBN: 1108842208
Category : Law
Languages : en
Pages : 423
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Book Description
Provides a framework for understanding how organizations are set up and the logic behind international organizations law.
Author: Guy Fiti Sinclair
Publisher: Oxford University Press
ISBN: 0198757964
Category : Law
Languages : en
Pages : 369
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Book Description
The book explores how international organizations (IOs) have expanded their powers over time without formally amending their founding treaties. IOs intervene in military, financial, economic, political, social, and cultural affairs, and increasingly take on roles not explicitly assigned to them by law. The proposed book will contend that this 'mission creep' has allowed IOs to intervene internationally, most often in the Global South, in a way that has allowed them to recast institutions within and interactions among states, societies, and peoples on a broadly Western, liberal model. Adopting a historical and interdisciplinary, socio-legal approach, it supports this claim through detailed investigations of historical episodes involving three very different organizations: the International Labour Organization in the interwar period; the United Nations in the two decades following the Second World War; and the World Bank from the 1950s through to the 1990s. The book draws on a wide range of original institutional and archival materials, bringing to light little-known aspects of each organization's activities, identifying continuities in the ideas and practices of international governance across the twentieth century, and speaking to a range of pressing theoretical questions in present-day international law and international relations --Front flap of the book.
Author: Daniel Silander
Publisher: Routledge
ISBN: 1315536072
Category : Political Science
Languages : en
Pages : 238
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Book Description
This book seeks to understand the obligations of the international community to promote and protect state and human security in situations of international humanitarian crises. In Iraq and Syria, as well as in neighbouring states, the rise of ISIL has raised serious state and human security challenges. This study explores the relationships between the Global-Regional Partnership, the United Nations and nine organizations in their attempt to deal with the challenges presented by ISIL. Each organization is analyzed in terms of how it has responded in the past and how it is now responding to the ISIL threat based on three perspectives; resource capacities (military, political, economic, technological, normative); willingness and readiness; and impediments to capacity and abilities. The overall aim is to discern what capacities and abilities international organizations have to protect state and human security and prevent civilians from mass atrocities inflicted by ISIL forces. The study addresses the role of international organizations when the UNSC is unable or unwilling to uphold the most fundamental norms and values in the UN Charter. This approach acknowledges that within the international community there is an overall acceptance on security for a partnership between the UN and regional organizations, but that there is also a contested call for a renegotiated international contract on state and human security. This volume will be of much interest to students of international relations, human rights, peace and conflict studies, terrorism studies and International Relations.
