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: 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: 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: Malcolm N. Shaw Publisher: Cambridge University Press ISBN: 1108808832 Category : Law Languages : en Pages : 1311
Book Description
International Law is the definitive and authoritative text on the subject. It has long been established as a leading authority in the field, offering an unbeatable combination of clarity of expression and academic rigour, ensuring understanding and analysis in an engaging and authoritative style. Explaining the leading rules, practice and caselaw, this treatise retains and develops the detailed referencing which encourages and assists the reader in further study. This new edition has been fully updated to reflect recent developments. In particular, it has expanded the treatment of space law and of international economic law, and introduced new sections on cyber operations and cyber warfare, as well as reflecting the Covid-19 crisis. Both clarifying fundamental principles and facilitating additional research, International Law is invaluable for students and for those occupied in private practice, governmental service and international organisations.
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: Jan Klabbers Publisher: Cambridge University Press ISBN: 1139576461 Category : Law Languages : en Pages : 853
Book Description
International institutions are powerful players on the world stage, and every student of international law requires a clear understanding of the forces that shape them. For example, with increasing global influence comes the need for internal control and accountability. This thought-provoking overview considers these and other forces that govern international institutions such as the UN, EU and WTO, and the complex relationship that exists between international organizations and their member states. Covering recent scholarly developments, such as the rise of constitutionalism and global administrative law, and analysing the impact of important cases, such as the ICJ's Genocide case (2007) and the Behrami judgment of the European Court of Human Rights (2007), its clarity of explanation and analytical approach allow students to understand and think critically about a complex subject.
Author: Grigoriĭ Ivanovich Tunkin Publisher: Harvard University Press ISBN: 9780674880016 Category : Law Languages : en Pages : 534
Book Description
Monograph on the theoretics of international law as seen in the context of the concepts and principles of Marxism-leninism - covers the process of forming norms, and the legal nature and essence of contemporary international law, foreign policy and diplomacy, the laws of societal development and international organizations (legal status), the general character and forms of State responsibility under international law, etc., and includes a bibliography of published works of gi tunkin (1938 to 1973), etc.
Author: United Nations. Treaty Section Publisher: New York : United Nations ISBN: 9789211335729 Category : International law Languages : en Pages : 125
Author: Hungdah Chiu
Author: Hungdah Chiu
Author: Marjorie Millace Whiteman
Author: Gerhard Loibl
Author: Pieter H.F. Bekker
Author: Malcolm N. Shaw
Author: Oliver Dörr
Author: 
Author: Jan Klabbers
Author: Grigoriĭ Ivanovich Tunkin
Author: United Nations. Treaty Section