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Author: Mateja Steinbrück Platise Publisher: ISBN: Category : Languages : en Pages : 28
Book Description
The concluding paper of the volume on the legal framework of the OSCE (forthcoming in Steinbrück Platise/Moser/Peters (eds), The Legal Framework of the OSCE, Cambridge University Press) brings together some of the main empirical and theoretical insights of the research project which has been conducted by lawyers and political scientists, scholars and practitioners, politicians and international civil servants. The variety of contributions results in a diversified yet nuanced analysis of the legal status of the OSCE, a prime example of an informal international organisation. The paper examines their contrasting results as well as their common features and structures along three themes. First, the paper contrasts different roles that the authors ascribe to the OSCE, ranging from a Cold War instrument over an informal mode of governance to a global governance actor in its own right. Second, it analyses the transformation of relevant interests of different actors (states, the OSCE bodies themselves, and governed individuals) which took place since the inception of the Conference/Organization. Third, the paper demonstrates that the competing reform proposals for strengthening the OSCE legal framework manifest divergent underlying ideas about the role and functioning of international organisations, both in the political and the legal dimension. The paper concludes that the debate on the reform of the OSCE's legal framework should acknowledge the interdependence of effectiveness and legitimacy of the OSCE as a global governance actor and that an OSCE 'constitution' would not only empower the OSCE but also render it more accountable.
Author: Mateja Steinbrück Platise Publisher: ISBN: Category : Languages : en Pages : 28
Book Description
The concluding paper of the volume on the legal framework of the OSCE (forthcoming in Steinbrück Platise/Moser/Peters (eds), The Legal Framework of the OSCE, Cambridge University Press) brings together some of the main empirical and theoretical insights of the research project which has been conducted by lawyers and political scientists, scholars and practitioners, politicians and international civil servants. The variety of contributions results in a diversified yet nuanced analysis of the legal status of the OSCE, a prime example of an informal international organisation. The paper examines their contrasting results as well as their common features and structures along three themes. First, the paper contrasts different roles that the authors ascribe to the OSCE, ranging from a Cold War instrument over an informal mode of governance to a global governance actor in its own right. Second, it analyses the transformation of relevant interests of different actors (states, the OSCE bodies themselves, and governed individuals) which took place since the inception of the Conference/Organization. Third, the paper demonstrates that the competing reform proposals for strengthening the OSCE legal framework manifest divergent underlying ideas about the role and functioning of international organisations, both in the political and the legal dimension. The paper concludes that the debate on the reform of the OSCE's legal framework should acknowledge the interdependence of effectiveness and legitimacy of the OSCE as a global governance actor and that an OSCE 'constitution' would not only empower the OSCE but also render it more accountable.
Author: Mateja Steinbrück Platise Publisher: Cambridge University Press ISBN: 1108615147 Category : Law Languages : en Pages : 801
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: Lorenzo Gasbarri Publisher: Oxford University Press ISBN: 019264890X Category : Law Languages : en Pages : 257
Book Description
Despite their exponential growth in number and activities, there is not an established legal concept of an international organization. This book tackles the topic by examining the nature of the legal systems developed by international organizations. It is the first comprehensive study of the concepts by which international organizations' legal systems are commonly understood: functionalism, constitutionalism, exceptionalism, and informalism. Its purpose is threefold: to trace the historical origins of the different concepts of an international organization, to describe four groups under which these different notions can be aligned, and to propose a theory which defines international organizations as 'dual entities'. The concept of an international organization is defined by looking at the nature of the legal systems they develop. The notion of 'dual legal nature' describes how organizations create particular legal systems that derive from international law. This situation affects the law they produce, which is international and internal at the same time. The effects of the dual legal nature are considered by analysing international responsibility, the law of treaties, and the validity of organizations' acts.
Author: Jonas Tallberg Publisher: Cambridge University Press ISBN: 1107435773 Category : Political Science Languages : en Pages : 333
Book Description
Once the exclusive preserve of member states, international organizations have become increasingly open in recent decades. Now virtually all international organizations at some level involve NGOs, business actors and scientific experts in policy-making. This book offers the first systematic and comprehensive analysis of this development. Combining statistical analysis and in-depth case studies, it maps and explains the openness of international organizations across issue areas, policy functions and world regions from 1950 to 2010. Addressing the question of where, how and why international organizations offer transnational actors access to global policy-making, this book has implications for critical issues in world politics. When do states share authority with private actors? What drives the design of international organizations? How do activists and businesses influence global politics? Is civil society involvement a solution to democratic deficits in global governance?
Author: Henry G. Schermers Publisher: BRILL ISBN: 9004381651 Category : Law Languages : en Pages : 1365
Book Description
This sixth, revised edition of International Institutional Law covers the most recent developments in the field. Although public international organizations such as the United Nations, the World Trade Organization, the African Union, ASEAN, the European Union, Mercosur, NATO and OPEC have broadly divergent objectives, powers, fields of activity and numbers of member states, they also share a wide variety of institutional characteristics. Rather than being a handbook for specific organizations, the book offers a comparative analysis of the institutional law of international organizations. It includes chapters on the rules and practices concerning membership, institutional structure, decision-making, financing, legal order, supervision and sanctions, legal status and external relations. The book’s theoretical framework and extensive use of case-studies is designed to appeal to both academics and practitioners.
Author: András Sajó Publisher: Eleven International Publishing ISBN: 9077596046 Category : Civil rights Languages : en Pages : 271
Book Description
This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.
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: David J. Galbreath Publisher: Routledge ISBN: 1134133529 Category : Political Science Languages : en Pages : 280
Book Description
During the Cold War, the two global superpowers were able to come together to resolve many issues of transparency and common challenges, leading to a change in European and global security. The OSCE covered the area formerly occupied by NATO and the Warsaw Pact, championing the Helsinki Final Act, which became a key international instrument to encourage peace and security. Following the end of the Cold War, the OSCE became a key institution positioned between the European Union and NATO, focusing on furthering democracy, protecting human and minority rights, and encouraging military reform in a drastically dynamic region. David J. Galbreath sheds light on an institution that changed the face of global security during the Cold War and championed the rise of democratization in Central and Eastern Europe as well as the former Soviet republics following the collapse of the Soviet Union.
Author: Mateja Steinbrück Platise
Author: Mateja Steinbrück Platise
Author: Mateja Steinbrück Platise
Author: Lorenzo Gasbarri
Author: Jan Klabbers
Author: Jonas Tallberg
Author: Henry G. Schermers
Author: P. Terrence Hopmann
Author: András Sajó
Author: Anne Peters
Author: David J. Galbreath