The Capacity of International Organizations to Conclude Treaties, and the Special Legal Aspects of the Treaties so Concluded PDF Download
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Author: Hungdah Chiu Publisher: Springer ISBN: 9401509115 Category : Law Languages : en Pages : 240
Book Description
Mter an international organization is established, if it is necessary for it to acquire certain rights or assume duties or new functions not provided in its constitution, there are four techniques to achieve that 1 end. The first is to amend the constitution of the organization. If the organization has only a limited number of members, then this technique is not too cumbersome. But, the procedure for amending a constitution is usually complicated and requires a substantial period of time. Thus this technique has at least the disadvantage of delay. 2 The second technique is to conclude a treaty among the member States of the organization. The organization is not a party to that treaty, but it can acquire some rights, assume some duties, or new functions under the treaty. 3 The disadvantage of this technique is similar to the first one, i. e. , the conclusion of a multilateral treaty may mean delay since the procedure involved is so complicated and cumber some. 1 E. g. , the Constitution of the ILO, Cmd. No. 393 (T. S. No. 4 of 1919), [1919] 13 Foreign ReI. U. S. : Paris Conf. 695 (1947), was amended on October 9, 1946,62 Stat. 3485, T. I. A. S. No. 1868, 15 U. N. T. S.
Author: Hungdah Chiu Publisher: Springer ISBN: 9401509115 Category : Law Languages : en Pages : 240
Book Description
Mter an international organization is established, if it is necessary for it to acquire certain rights or assume duties or new functions not provided in its constitution, there are four techniques to achieve that 1 end. The first is to amend the constitution of the organization. If the organization has only a limited number of members, then this technique is not too cumbersome. But, the procedure for amending a constitution is usually complicated and requires a substantial period of time. Thus this technique has at least the disadvantage of delay. 2 The second technique is to conclude a treaty among the member States of the organization. The organization is not a party to that treaty, but it can acquire some rights, assume some duties, or new functions under the treaty. 3 The disadvantage of this technique is similar to the first one, i. e. , the conclusion of a multilateral treaty may mean delay since the procedure involved is so complicated and cumber some. 1 E. g. , the Constitution of the ILO, Cmd. No. 393 (T. S. No. 4 of 1919), [1919] 13 Foreign ReI. U. S. : Paris Conf. 695 (1947), was amended on October 9, 1946,62 Stat. 3485, T. I. A. S. No. 1868, 15 U. N. T. S.
Author: Moshe Kaniel Publisher: BRILL ISBN: 9004633480 Category : Law Languages : en Pages : 236
Book Description
This book sheds light on a fascinating process of historic, legal evolution, starting from a situation of doubt as to whether the Community had treaty-making power, and ending with certain treaties being denied to sovereign states and transferred to an international organization. This process is still continuing, and brings in its wake far-reaching results. The author makes distinction between cases where exclusive treaty-making is explicitly specified in the founding treaties, and cases where treaty-making power is implicit, and is derived from the general structure of Community law. Implicit power becomes exclusive only by `occupying the field', which means enactment, and exclusive power negates ab initio the Member States' power, whereas implicit exclusive power merely negates the competence of the Member States to establish rules conflicting with those of the Community. Scholars, practitioners, lawyers, students and everybody who deals with European Union affairs will find this book of great interest.
Author: Duncan B. Hollis Publisher: Oxford University Press ISBN: 0192587749 Category : Law Languages : en Pages : 897
Book Description
The Oxford Guide to Treaties is the authoritative reference point for anyone studying or involved in the creation or interpretation of treaties and other forms of international agreement. For centuries, treaties have regulated relations among nation states. Today, they are the dominant source of international law. From trade relations to greenhouse gases, from shipwrecks to cybercrime, treaties structure the rights and obligations of states, international organizations, and individuals. Being adept with treaties and international agreements is thus an indispensable skill for anyone engaged in international relations, including international lawyers, diplomats, international organization officials, and representatives of non-governmental organizations. This second edition of the award-winning volume from Professor Duncan B. Hollis provides a comprehensive guide to treaties, shedding light on the rules and practices surrounding the making, interpretation, and operation of these instruments. Foundational issues are covered, from defining treaties and their alternatives, to examining current theorizations about the treaty in international law. Chapters review specific stages in the treaty's life-cycle, including formation, application, interpretation, and exit. Special issues associated with treaties involving the European Union and other international organizations are also included. A section sampling over four hundred actual treaty clauses complements these scholarly treatments. These real examples help illustrate different approaches treaty-makers can take on topics such as entry into force, languages, reservations, and amendments.
Author: Oliver Dörr Publisher: Springer Science & Business Media ISBN: 3642192912 Category : Law Languages : en Pages : 1414
Book Description
The Commentary on the Vienna Convention on the Law of Treaties provides an in-depth article-by-article analysis of all provisions of the Vienna Convention. The texts are uniformly structured: (I) Purpose and Function of the Article, (II) Historical Background and Negotiating History, and (III) Elements of the Article. The Vienna Convention on Treaties between States and IOs and between IOs is taken into account where appropriate. In sum, the present Commentary contains a comprehensive legal analysis of all aspects of the international law of treaties. Where the law of treaties reaches into other fields of international law, e.g. the law of state responsibility, the relevant interfaces are discussed and contextualized. With its focus on international practice, the Commentary is addressed to academia, as well as to practitioners of international law.
Author: Henner Gött Publisher: Springer Nature ISBN: 3662623897 Category : Law Languages : en Pages : 539
Book Description
The book analyses how international law addresses interactions between international organizations. In labour governance, these interactions are ubiquitous. They offer each organization an opportunity to promote its model of labour governance, yet simultaneously expose it to adverse influence from others. The book captures this ambivalence and examines the capacity of international law to mitigate it. Based on detailed case studies of mutual influence between the International Labour Organization, the World Bank, and the Council of Europe, the book offers an in-depth analysis of the pertinent law and its key challenges, both at institutional and inter-organizational level. The author envisions a law of inter-organizational interactions as a normative framework structuring interactions and enhancing the effectiveness and legitimacy of multi-institutional governance.
Author: Malcolm N. Shaw Publisher: Cambridge University Press ISBN: 1316061272 Category : Law Languages : en Pages : 1069
Book Description
This new edition of International Law confirms the text's status as the definitive book on the subject. Combining both his expertise as academic and practitioner, Malcolm Shaw's survey of the subject motivates and challenges both student and professional. By offering an unbeatable combination of clarity of expression and academic rigour, he ensures both understanding and critical analysis in an engaging and authoritative style. The text has been updated throughout to reflect recent case law and treaty developments. It retains the detailed references which encourage and assist further reading and study.
Author: Pieter H.F. Bekker Publisher: BRILL ISBN: 9004634614 Category : Business & Economics Languages : en Pages : 287
Book Description
This book is the first treatise in English to present an overall functional necessity approach to the study of the legal position of intergovernmental organizations. According to this approach, an international organization is entitled to (no more than) what is strictly necessary for the exercise of its functions in the fulfilment of its purpose. The book provides a three-step analysis that relates an organization's legal status, privileges and immunities to the functions and purposes of the organization. After a review of the work of the International Law Commission on Relations between States and International Organizations, between 1962 and 1992, the author first introduces an identification process of the study's subject matter and scope ratione personae, i.e. the legal status of intergovernmental organizations. The legal personality, legal capacities, and competence (powers) of international organizations are analyzed from the perspective of their functions and purposes. Step Two presents a review of the basic considerations in granting organizational immunities, and their legal sources. Step Three focuses on the `official activities' of international organizations, which is the core of the application of functional necessity in determining the extent of organizational immunities. The book also reviews existing methods of counterbalancing organizational immunities, and applies the three-step functional necessity analysis to a case study of the International Tin Council. Finally, a general conclusion underlines the character of organizational immunity law as a balanced and self-contained régime.
Author: Gerhard Loibl Publisher: Martinus Nijhoff Publishers ISBN: 9789041115362 Category : Law Languages : en Pages : 470
Book Description
The "Austrian Review of International and European Law" is an annual publication that provides a scholarly forum for the discussion of issues of public international and European law, with particular emphasis on topics of special interest for Austria. Its analytical articles focus on theoretical questions, current developments, and emerging tendencies in all areas of the field, including detailed reviews of relevant recent literature. Issues of human rights law and the law of international organisations are also covered. An important integral element of the Review is its digest of Austrian practice in public international law, encompassing both executive and judicial developments. The editorial board and advisory board comprises scholars and practitioners in public international and European law, ensuring that the Review adequately reflects the interrelationships between current developments and the continuing evolution of this important area of legal theory and practice.
Author: Hungdah Chiu
Author: Hungdah Chiu
Author: Jan Klabbers
Author: Moshe Kaniel
Author: Duncan B. Hollis
Author: Oliver Dörr
Author: Henner Gött
Author: Malcolm N. Shaw
Author: Marjorie Millace Whiteman
Author: Pieter H.F. Bekker
Author: Gerhard Loibl