Allocating International Responsibility Between Member States And International Organisations
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Allocating International Responsibility Between Member States And International Organisations
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Author : Nikolaos Voulgaris
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-05-16
Allocating International Responsibility Between Member States And International Organisations written by Nikolaos Voulgaris and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-16 with Law categories.
The ever-growing interaction between member States and international organisations results, all too often, in situations of non-conformity with international law (eg peacekeeping operations, international economic adjustment programmes, counter-terrorism sanctions). Seven years after the finalisation of the International Law Commission's Articles on the Responsibility of International Organisations (ARIO), international law on the allocation of international responsibility between these actors still remains unsettled. The confusion around the nature and normative calibre of the relevant rules, the paucity of relevant international practice supporting them and the lack of a clear and principled framework for their elaboration impairs their application and restricts their ability to act as effective regulatory formulas. This study aims to offer doctrinal clarity in this area of law and purports to serve as a point of reference for all those with a vested interest in the topic. For the first time since the publication of the ARIO, all international responsibility issues dealing with interactions between member States and international organisations are put together in one book under a common approach. Structured around a systematisation of the interactions between these actors, the study provides an analytical framework for the regulation of indirect responsibility scenarios. Based on the ideas of the intellectual fathers of international law, such as Scelle's 'dédoublement fonctionnel' theory and Ago's 'derivative responsibility' model, the book employs old ideas to add original argumentation to a topic that has been dealt with extensively by recent commentators.
International Organizations And Member State Responsibility
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Author : Ana Sofia Barros
language : en
Publisher: BRILL
Release Date : 2016-10-20
International Organizations And Member State Responsibility written by Ana Sofia Barros and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-20 with Law categories.
International Organizations and Member State Responsibility: Critical Perspectives compiles novel approaches within academia and legal practice that reflect the evolution of the contemporary law of international (member state) responsibility. This Volume was previously published as International Organizations Law Review Vol. 12, issue 2 (2015).
Responsibility Of International Organizations
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Author : Maurizio Ragazzi
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2013-07-09
Responsibility Of International Organizations written by Maurizio Ragazzi and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-09 with Business & Economics categories.
Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie is a unique collection of different and often differing perspectives from experts in the field, ranging from the bench to the International Law Commission, academia, and the world of in-house counsel. A companion volume to the book of essays that the same editor prepared in 2005 in memory of Oscar Schachter, this volume is also a memorial to the late Sir Ian Brownlie shortly after the 80th anniversary of his birth.
Responsibility Of The Eu And The Member States Under Eu International Investment Protection Agreements
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Author : Philipp Theodor Stegmann
language : en
Publisher: Springer
Release Date : 2019-01-24
Responsibility Of The Eu And The Member States Under Eu International Investment Protection Agreements written by Philipp Theodor Stegmann and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-24 with Law categories.
This book provides a comprehensive portrait of how international responsibility of the EU and the Member States is structured under the EU’s international investment protection agreements. It analyses both the old regime as represented by the Energy Charter Treaty and the new regime as represented by the new EU investment treaties, such as CETA, TTIP, the EU-Singapore Agreement and the EU-Vietnam Agreement. The international responsibility of the EU, being a “special” international organisation, is in and of itself an important and challenging topic in public international law. However, in the context of international investment law, and especially with regard to the emerging new EU investment treaties, the topic is largely unexplored and represents new terrain. The book promotes the development of law in this area and provide a springboard for further research. The book puts forth the thesis that the determination of the EU or a Member State as respondent in a dispute under the new EU investment treaties has a substantive effect on the respondent’s international responsibility. The international law effects of the respondent determination will surely be one of the central topics in future debates on the new EU investment treaties. The book further compares the EU regulation that allocates financial burdens between the EU and the Member States arising out of international investment disputes with the only other genuinely existing allocation system in federal states to date, namely that of Germany. The book finally reveals many shortcomings of the new EU responsibility regime in international investment law and provides some suggestions on how they can best be remedied.
Functional Responsibility Of International Organisations
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Author : Emilija Leinarte
language : en
Publisher: Cambridge University Press
Release Date : 2021-12-16
Functional Responsibility Of International Organisations written by Emilija Leinarte and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-16 with Law categories.
This book provides a novel approach to the allocation of international responsibility in a multilayered structure like the European Union. Introducing a new concept of functional international responsibility, this study finds that in international economic law the focus of international dispute settlement bodies is not on the responsible party, but on a party best placed to bear responsibility. The book offers a comprehensive analysis of international rules of responsibility and international dispute settlement practice, primarily that of the World Trade Organization and investment arbitration. The study offers a practically applicable approach to questions of international responsibility which will assist international adjudicators, EU and Member States' officials and third country government agents who negotiate economic agreements and are involved in international economic disputes. The book is also relevant to those interested in the governance and accountability questions under the new EU-UK Trade and Cooperation Agreement.
The Concept Of An International Organization In International Law
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Author : Lorenzo Gasbarri
language : en
Publisher: Oxford University Press
Release Date : 2021-04-08
The Concept Of An International Organization In International Law written by Lorenzo Gasbarri and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-08 with Law categories.
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.
The Law Of International Responsibility
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Author : James Crawford
language : en
Publisher: Oxford University Press
Release Date : 2010-05-20
The Law Of International Responsibility written by James Crawford and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-05-20 with Law categories.
The law of international responsibility is one of international law's core foundational topics. Written by international experts, this book provides an overview of the modern law of international responsibility, both as it applies to states and to international organizations, with a focus on the ILC's work.
International Law
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Author : Malcolm N. Shaw
language : en
Publisher: Cambridge University Press
Release Date : 2021-07-22
International Law written by Malcolm N. Shaw and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-22 with Law categories.
An authoritative and engaging work, combining straightforward exposition with extensive footnotes for further research.
Theory Of Obligations In International Law
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Author : Cezary Mik
language : en
Publisher: Taylor & Francis
Release Date : 2024-05-07
Theory Of Obligations In International Law written by Cezary Mik and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-05-07 with Law categories.
Examining the fulfilment of international obligations by subjects of this law, this book explores the normative and functional links between the sources and rules of international law on the one hand, and the responsibility for violating international law on the other. In the sphere of law-making, the theory of obligations allows for a more precise and considered formulation of international obligations. It has the potential to enable subjects of international law to behave more rationally, allowing deeper reflection on whether to take on obligations and how to properly perform them. This book proposes a new approach to the issue of the proper operation of international law, with the theory of obligations at its heart. Linking the institutions and concepts of international law into a rational whole, the book offers an analysis of the operation of international law and the behaviour of its subjects to develop a framework for ensuring the ultimate effectiveness of international law. Analysing sources of law including treaties and common law, alongside the resolutions of international organisations, this book demonstrates the practical application of the subject with reference to the jurisprudence of international courts and other bodies. The volume will be of interest to scholars, students, and practitioners concerned with international law – its creation, performance, application, compliance, and enforcement.
Complicity And The Law Of International Organizations
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Author : Magdalena Pacholska
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-04-24
Complicity And The Law Of International Organizations written by Magdalena Pacholska and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-24 with Law categories.
This timely book examines the responsibility of international organizations for complicity in human rights and humanitarian law violations. It comprehensively addresses a lacuna in current scholarship through an analysis of the mandates and modus operandi of UN peace operations, offering workable normative solutions and striking a balance between the UN’s duty not to contribute to international law violations and its need to discharge mandated tasks in a highly volatile environment.