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Author: Peter Bekker Publisher: Springer ISBN: Category : Business & Economics Languages : en Pages : 296
Book Description
Presents an overall functional necessity approach to the study of the legal position of intergovernmental organizations. The text provides a three-step analysis that relates an organization's legal status, privileges and immunities to the functions and purposes of the organization.
Author: Peter Bekker Publisher: Springer ISBN: Category : Business & Economics Languages : en Pages : 296
Book Description
Presents an overall functional necessity approach to the study of the legal position of intergovernmental organizations. The text provides a three-step analysis that relates an organization's legal status, privileges and immunities to the functions and purposes of the organization.
Author: Finn Seyersted Publisher: BRILL ISBN: 9047433467 Category : Business & Economics Languages : en Pages : 632
Book Description
This work provides a comprehensive theory of the system of legal norms that are developed partly in the internal written (constitutional) law of intergovernmental organizations and partly through their consistent practice, and that are therefore common to intergovernmental organizations. The legal construction presented in this volume consists of the following main elements: As for all other self-governing communities all intergovernmental organizations possess their own internal law governing their relations with 1) the organs of the organization, 2) the officials and 3) the member states in their capacity as members of the organization. Some organizations exercise in addition extended (delegated) jurisdiction over states, other organizations and/or individuals. Secondly, as for other self-governing communities all intergovernmental organizations are subjects of public international law in their relations with other self-governing communities (states and other intergovernmental organizations), and in the case of extended jurisdiction, also in relations with individuals and private entities. Thirdly, as for all other self-governing communities possessing its own internal law (its distinct lex personalis), intergovernmental organizations enter into relations of a private law nature with both public and private entities. Governed by the rules on conflict of laws, these relations must be determined by assessing relevant 1) personal, 2) territorial and 3) organic connecting factors. Thus Common Law of Intergovernmental Organizations brings together all those elements pertaining to the theory of objective legal personality that have been presented in a scattered fashion, in bits and pieces. Common Law of Intergovernmental Organizations, starting out from the position of objective legal personality, is fully compatible with modern requirements of good governance and accountability of international organizations, and particularly adaptable to the ideal of “systemic integration” of legal regimes constituting internal law of the organization.
Author: Pierre-Marie Dupuy Publisher: Edward Elgar Publishing ISBN: 1848441339 Category : Political Science Languages : en Pages : 289
Book Description
The essays are persuasive and well-written and, all in all, the book makes an indelible contribution to the legal discourse surrounding this subject. Although the essays are presented with sufficient detail and structure for legal specialists, it would be extremely useful for lobbying practitioners. It is equally essential reading for larger NGOs who wish to improve existing partnership efforts as well as smaller NGOs in developing countries who would like to know more about the policy considerations underpinning current limitations to the NGO s role. Akima Paul, Vienna Online Journal on International Constitutional Law The increasing importance of NGOs has forced international institutions to pay attention to issues of participation and transparency. This excellent book provides comprehensive and insightful analyses of how international bodies accommodate NGOs and their concerns. It forthrightly addresses the uncertain legal status of NGOs in international law. Edith Brown Weiss, Georgetown University Law Center, US No one can deny the significance that NGOs have at the international level, or the dynamism some of them have shown in promoting change, whether in the context of the International Criminal Court or the environment, etc. This is a lively and well-informed account of the wide range of NGOs at the international level, their continuing search for status and (what is more important) access, and also of the abuses sometimes involved, e.g. with servile NGOs in the human rights field. This collection provides an important source of information about an important source of influence on our lives. James Crawford, Cambridge University, UK A timely and useful book that highlights the multi-faceted role of NGOs on the international scene and the rules and practices which have been designed to this end. Laurence Boisson de Chazournes, University of Geneva, Switzerland This book offers a refreshing and well-informed approach to the contentious issues of the role, legal status and consequences of NGOs in international law. The authors provide insightful and high quality analyses of the theories, applications and realities of NGO participation in a wide range of international activity. Robert McCorquodale, University of Nottingham, UK This is a timely and important contribution. It assists in our understanding of developments that have theoretical and practical implications for the changing international legal order. Philippe Sands, University College London, UK The increasing role that NGOs play at different levels of legal relevance from treaty-making to rule implementation, and from support to judges to aid delivery calls for reconsideration of the international legal status of those organizations. This book shows that the degree of flexibility currently enjoyed by NGOs in fields as varied as human rights, the environment and the European Union development cooperation policy constitutes the best arena for all actors involved, with the consequences that the instances where more strict regulation of NGOs participation is desirable are very limited. With each chapter focusing on a different modality of NGO participation in international affairs (from formalised legal statuses to informal ways of dealing with issues of international relevance), this book will be of great interest to academics specialised in international law, political scientists, international officials working for both international organisations and non-governmental organisations, and legal practitioners (legal counsels of international organisations, lawyers and judges).
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: Rephael Harel Ben-Ari Publisher: Martinus Nijhoff Publishers ISBN: 9004254374 Category : Business & Economics Languages : en Pages : 217
Book Description
The discourse regarding the legal status of international non-governmental organizations (INGOs) is not new; in fact, it has already progressed throughout the last 100 years. However, most of the proposals to grant official status to INGOs, or to otherwise regulate their cross-border activity, are relatively unknown to international lawyers. A perusal of these initiatives against their unique historical background will prove highly significant in dissecting the complexities involved in formulating a comprehensive scheme for the regulation of INGOs. Innovatively, this work outlines and evaluates the sequence of attempts to propose a formal status for INGOs. It demonstrates how this historical contextual analysis provides an invaluable perspective that is essential for the informed review of contemporary schemes and theoretical trends, relevant to the consideration of the status of INGOs. Unfortunately, most contemporary writers and activists who deal with the normative aspects of INGO activity neglect this crucial perspective.
Author: Maurizio Ragazzi Publisher: Martinus Nijhoff Publishers ISBN: 9004256083 Category : Business & Economics Languages : en Pages : 515
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: Gerd Droesse Publisher: Springer Nature ISBN: 9462653275 Category : Law Languages : en Pages : 454
Book Description
This book proposes that fundamental concepts of institutional law need to be rethought and revised. Contrary to conventional wisdom, international organizations do not need to have members, and the members do not need to be states and international organizations. Private sector entities may, for instance, also be full members. Furthermore, international organizations do not need to possess international legal personality, nor is their autonomy a corollary of their personality. Moreover, the notion of “subject of international law” also needs to be reconsidered and the very concepts and definitions of “intergovernmental organization” and “international organization” need to change and be defined in a wider manner. In this publication the legal implications of membership are analyzed and a new analytical framework for international organizations is proposed. The argument is propounded that the power of creation of new organizations has passed over to international organizations and other entities while an outlook on future development is also presented. Dr. Gerd Droesse is a recognized specialist in institutional law, international administrative law, complex institutional and financial policy matters and corporate governance issues, with over 30 years of experience in working for international organizations in senior and management positions. He was the Legal Counsel/Acting General Counsel of the Green Climate Fund and assisted the World Green Economy Organization as General Counsel in its transition to a new type of intergovernmental organization.
Author: Anne Peters Publisher: Cambridge University Press ISBN: 1107164303 Category : Law Languages : en Pages : 645
Book Description
Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.
Author: Peter Bekker
Author: Peter Bekker
Author: Finn Seyersted
Author: Pierre-Marie Dupuy
Author: Pieter H.F. Bekker
Author: Rephael Harel Ben-Ari
Author: Jan Klabbers
Author: Ingrid Rossi
Author: Maurizio Ragazzi
Author: Gerd Droesse
Author: Anne Peters