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Author: August Reinisch
Publisher: Cambridge University Press
ISBN: 0521653266
Category : Law
Languages : en
Pages : 523
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Book Description
A radical, empirical investigation of how national courts 'react' to disputes involving international organizations. Through comprehensive analysis of the attitudes and techniques of national courts and underlying political motives, Professor Reinisch first describes various legal approaches that result in adjudication or non-adjudication of disputes concerning international organizations. Secondly he discusses policy issues pro and contra the adjudication of such disputes. His study then scrutinizes the rationale for immunizing international organizations from domestic litigations, especially the 'functional' need for immunity, and substantially debates the implications of a human rights-based right of access to court on immunizing international organizations against national jurisdictions. Finally he identifies contemporary trends, seeking to ascertain whether a more flexible principle exempting certain types of disputes from domestic adjudication might substitute for the traditional immunity concept, which would simultaneously guarantee the functioning and independence of international organizations without impairing private parties' access to a fair dispute settlement procedure.
Author: August Reinisch
Publisher: Cambridge University Press
ISBN: 0521653266
Category : Law
Languages : en
Pages : 523
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Book Description
A radical, empirical investigation of how national courts 'react' to disputes involving international organizations. Through comprehensive analysis of the attitudes and techniques of national courts and underlying political motives, Professor Reinisch first describes various legal approaches that result in adjudication or non-adjudication of disputes concerning international organizations. Secondly he discusses policy issues pro and contra the adjudication of such disputes. His study then scrutinizes the rationale for immunizing international organizations from domestic litigations, especially the 'functional' need for immunity, and substantially debates the implications of a human rights-based right of access to court on immunizing international organizations against national jurisdictions. Finally he identifies contemporary trends, seeking to ascertain whether a more flexible principle exempting certain types of disputes from domestic adjudication might substitute for the traditional immunity concept, which would simultaneously guarantee the functioning and independence of international organizations without impairing private parties' access to a fair dispute settlement procedure.
Author: Patrick R. Myers
Publisher: Routledge
ISBN: 1136157581
Category : Political Science
Languages : en
Pages : 195
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Book Description
First Published in 1993. Succession between international organizations is a controversial topic. What is it about the topic that provokes such diverse reactions? Is there really such a thing as succession between international organizations? Does it ressemble any other form of succession or is it something completely different? The present study is an attempt to shed some light on this little-known area of international law.
Author: Jan Klabbers
Publisher: Routledge
ISBN: 1351926659
Category : Law
Languages : en
Pages : 683
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Book Description
International organizations have come to occupy a central position in international governance, exercising many public functions and facilitating political debate amongst states and other actors, though it is only recently that the focus of legal discussions has begun to shift to controlling the activities of organizations. This volume assembles sixteen important essays addressing various issues relating to the law of international organizations, highlighting theoretical issues and ongoing political debates and emphasizing issues of control. The introductory essay provides an overview of the development of the politico-legal debate and situates the law of international organizations historically and in its contemporary context.
Author: JOSEPH IDIGO
Publisher: American Academic Press
ISBN: 1631814648
Category : Law
Languages : en
Pages : 619
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Book Description
This book deals extensively with commentaries on all articles in the Vienna Convention on the Law of Treaties 1969. The book starts with the introduction to treaty and, then, the management of treaties that brings in, as a starting point, the International Law Commission (ILC) and the mandate it received for the codifying of customary international laws and enhancing the progressive development of international law. After this part, the book, then, goes into dealing with each article in the Vienna Convention on the Law of Treaties (VCLT) 1969. Each article is backed by the various activities of the Law Commission that gave rise to it. Then, there are relevant references (in footnotes) that make the contents of each article richer and more explanatory. Each chapter ends with a summary to help the reader easily and quickly remember the highlights of the treated article in that chapter. This process continues till article 85 VCLT, the last article in the VCLT. The realization that Treaty Law is an important aspect of International Law is the main motivation for writing this book. Thus, it is suitable for all international law practitioners and international organizations.
Author: Niels M. Blokker
Publisher: BRILL
ISBN: 9004420843
Category : Business & Economics
Languages : en
Pages : 591
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Book Description
The proliferation of international organizations is presently a hot issue. New international organizations have been created over the last few years, such as the Organization for the Prohibition of Chemical Weapons and the World Trade Organization. At the same time a certain reluctance may be observed to create new organizations. Overlapping activities and conflicting competences occur frequently and the need for coordination is evident. The events in former Yugoslavia are an example. Both during the armed conflicts in Bosnia and Kosovo and afterwards in the era of reconstruction, the need to coordinate the work of organizations such as the UN, NATO, the EU, the World Bank, OSCE, and the Council of Europe was vital. Against this background a number of legal issues have become more important that have not yet been researched extensively, perhaps the only exception being the proliferation of international tribunals. Questions include the following: Why were new organizations created while others already existed in the same or a related field? What specific legal problems have arisen that are related to the coexistence of different organizations working (partly) in the same area? What mechanisms or instruments have been developed to coordinate the activities and to solve legal problems? These and other questions were discussed during a conference that took place from 18 to 20 November, 1999, in the Academy Building of Leiden University, The Netherlands. A large number of experts, both academics and practitioners, participated. The purpose of this book is to present the issues discussed during the Leiden conference to a larger audience. This book contains the adapted papers for the conference and several other contributions.
Author:
Publisher:
ISBN:
Category : International agencies
Languages : en
Pages : 1312
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Book Description
Author: National Defense University. Library
Publisher:
ISBN:
Category : Periodicals
Languages : en
Pages : 192
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Book Description
Author: United States. Congress. Senate
Publisher:
ISBN:
Category :
Languages : en
Pages : 1814
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Book Description
Author: Richard L. Merritt
Publisher: Lynne Rienner Publishers
ISBN: 9781555871345
Category : Political Science
Languages : en
Pages : 208
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Book Description
Author: Paul Graham Taylor
Publisher: A&C Black
ISBN: 9781855673298
Category : Political Science
Languages : en
Pages : 284
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Book Description
An examination of the impact of international organisation at regional and global levels
