The Exercise Of Public Authority By International Institutions
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The Exercise Of Public Authority By International Institutions
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Author : Armin Bogdandy
language : en
Publisher: Springer Science & Business Media
Release Date : 2010-02-11
The Exercise Of Public Authority By International Institutions written by Armin Bogdandy and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-02-11 with Law categories.
The concept of global governance, which first emerged in the social s- ences, has triggered different responses in the discipline of law. This volume contains our proposal. It approaches global governance from a public law perspective which is centered around the concept of inter- tional public authority and relies on international institutional law for the legal conceptualization of global governance phenomena. This proposal results from a larger project which started in 2007. The project is a collaborative effort of the directors of the Max Planck Ins- tute for Comparative Public Law and International Law, research f- lows and friends of the Institute, as well as eminent members of the Law Faculty of the University of Heidelberg. Most of the materials contained in this volume were first published in the November 2008 - sue of the German Law Journal (http://www.germanlawjournal.com). We would like to express our sincere gratitude to the journal’s editors in chief, Professors Russell Miller (Washington and Lee University School of Law) and Peer Zumbansen (Osgoode Hall Law School, York U- versity, Toronto), for the opportunity to publish our papers as a special issue of their journal. The 2008-2009 University of Idaho College of Law German Law Journal student editors deserve special recognition for their hard and diligent work during the publication process. At the Institute, Eva Richter, Michael Riegner and the editorial staff of this publication series were instrumental in bringing this publication to fr- tion.
Allocating Authority
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Author : Joana Mendes
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-01-11
Allocating Authority written by Joana Mendes and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-11 with Law categories.
The question of which European or international institution should exercise public authority is a highly contested one. This new collection offers an innovative approach to answering this vexed question. It argues that by viewing public authority as relative, it allows for greater understanding of both its allocation and its legitimacy. Furthermore, it argues that relations between actors should reflect the comparative analysis of the legitimacy assets that each actor can bring into governance processes. Put succinctly, the volume illustrates that public authority is relative between actors and relative to specific legitimacy assets. Drawing on the expertise of leading scholars in the field, it offers a thought-provoking and rigorous analysis of the long debated question of who should do what in European and international law.
International Judicial Lawmaking
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Author : Armin Von Bogdandy
language : en
Publisher: Springer
Release Date : 2012-04-28
International Judicial Lawmaking written by Armin Von Bogdandy and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-28 with Law categories.
Over the past two decades new international courts have entered the scene of international law and existing institutions have started to play more significant roles. The present volume studies one particular dimension of their increasing practice: international judicial lawmaking. It observes that in a number of fields of international law, judicial institutions have become significant actors and shape the law through adjudication. The contributions in this volume set out to capture this phenomenon in principle, in particular detail, and with regard to a number of individual institutions. Specifically, the volume asks how international judicial lawmaking scores when it comes to democratic legitimation. It formulates this question as part of the broader quest for legitimate global governance and places it within the context of the research project on the exercise of international public authority at the Max Planck Institute for Comparative Public Law and International Law.
The Law Of Global Governance
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Author : Eyal Benvenisti
language : en
Publisher: BRILL
Release Date : 2014-07-02
The Law Of Global Governance written by Eyal Benvenisti and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-02 with Law categories.
Also available as an e-book The book argues that the decision-making processes within international organizations and other global governance bodies ought to be subjected to procedural and substantive legal constraints that are associated domestically with the requirements of the rule of law. The book explains why law — international, regional, domestic, formal or soft — should restrain global actors in the same way that judicial oversight is applied to domestic administrative agencies. It outlines the emerging web of global norms designed to protect the rights and interests of all affected individuals, to enable public deliberation, and to promote the legitimacy of the global bodies. These norms are being shaped by a growing convergence of expectations of global institutions to ensure public participation and representation, impartiality and independence of decision-makers, and accountability of decisions. The book explores these mechanisms as well as the political and social forces that are shaping their development by analysing the emerging judicial practice concerning a variety of institutions, ranging from the UN Security Council and other formal organizations to informal and private standard-setting bodies.
International Judicial Lawmaking
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Author : Armin Von Bogdandy
language : en
Publisher: Springer
Release Date : 2012-05-16
International Judicial Lawmaking written by Armin Von Bogdandy and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-05-16 with Law categories.
Over the past two decades new international courts have entered the scene of international law and existing institutions have started to play more significant roles. The present volume studies one particular dimension of their increasing practice: international judicial lawmaking. It observes that in a number of fields of international law, judicial institutions have become significant actors and shape the law through adjudication. The contributions in this volume set out to capture this phenomenon in principle, in particular detail, and with regard to a number of individual institutions. Specifically, the volume asks how international judicial lawmaking scores when it comes to democratic legitimation. It formulates this question as part of the broader quest for legitimate global governance and places it within the context of the research project on the exercise of international public authority at the Max Planck Institute for Comparative Public Law and International Law.
International Organizations And The Idea Of Autonomy
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Author : Richard Collins
language : en
Publisher: Routledge
Release Date : 2011-04-20
International Organizations And The Idea Of Autonomy written by Richard Collins and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04-20 with Law categories.
International Organizations and the Idea of Autonomy is an exploratory text looking at the idea of intergovernmental organizations as autonomous international actors. In the context of concerns over the accountability of powerful international actors exercising increasing levels of legal and political authority, in areas as diverse as education, health, financial markets and international security, the book comes at a crucial time. Including contributions from leading scholars in the fields of international law, politics and governance, it addresses themes of institutional autonomy in international law and governance from a range of theoretical and subject-specific contexts. The collection looks internally at aspects of the institutional law of international organizations and the workings of specific regimes and institutions, as well as externally at the proliferation of autonomous organizations in the international legal order as a whole. Although primarily a legal text, the book takes a broad, thematic and inter-disciplinary approach. In this respect, International Organizations and the Idea of Autonomy offers an excellent resource for both practitioners and students undertaking courses of advanced study in international law, the law of international organizations, global governance, as well as aspects of international relations and organization.
Divided Sovereignty
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Author : Carmen Pavel
language : en
Publisher: Oxford University Press
Release Date : 2014-10-16
Divided Sovereignty written by Carmen Pavel 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 2014-10-16 with Political Science categories.
The question of how to constrain states that commit severe abuses against their own citizens is as persistent as it is vexing. States are imperfect political forms that in theory possess both a monopoly on coercive power and final jurisdictional authority over their territory. These twin elements of sovereignty and authority can be used by state leaders and political representatives in ways that stray significantly from the interests of citizens. In the most extreme cases, when citizens become inconvenient obstacles in the pursuit of the self-serving ambitions of their leaders, state power turns against them. Genocide, torture, displacement, and rape are often the means of choice by which the inconvenient are made to suffer or vanish. In Divided Sovereignty, Carmen Pavel explores new institutional solutions to this abiding problem. She argues that coercive international institutions can stop these abuses and act as an insurance scheme against the possibility of states failing to fulfill their most basic sovereign responsibilities. She thus challenges the longstanding assumption that collective grants of authority from the citizens of a state should be made exclusively for institutions within the borders of that state. Despite worries that international institutions such as the International Criminal Court could undermine domestic democratic control, citizens can divide sovereign authority between state and international institutions consistent with their right of democratic self-governance. Pavel defends universal, principled limits on state authority based on jus cogens norms, a special category of norms in international law that prohibit violations of basic human rights. Against skeptics, she argues that many of the challenges of building an additional layer of institutions can be met if we pay attention to the conditions of institutional success, which require experimentation with different institutional forms, limitations on the scope of authority for coercive international institutions, and an appreciation of the limits of existing knowledge on institutional design. Thoughtfully conceived and forcefully argued, Divided Sovereignty will challenge what we think we know about the relationship between international institutions and the pursuit of the fundamental requirements of justice.
The Working World Of International Organizations
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Author : Yi-Chong Xu
language : en
Publisher: Oxford University Press
Release Date : 2018
The Working World Of International Organizations written by Yi-Chong Xu 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 2018 with Law categories.
International organizations (IOs) matter. This book uncovers the regular working world of IOs, examining whether, to what extent, and how these 'global governing bodies' can act independently of the will of states. This book explores this issue by asking who or what shapes their decisions; how and when decisions are made; how players interact within an IO; and how the interactions vary across IOs. The Working World of International Organizations examines three working groups in the higher echelons of IOs - state representatives, as proxy of states, serving in the Executive Boards or General Councils, chief officers of IOs, and the staff of the permanent secretariat. The book demonstrates that none of them are unified; in each there are contested ideas about strategy and appropriate projects, and analyses their interactions to explain who is able to shape or influence decisions. Six representative IOs are studied to identify the relevant critical determinants that shape the behaviour of players. The volume explores how these players have an impact over three dilemmas that are common to all IOs: priority and agenda setting, financing, and the centralization or decentralization of operations.
Procurement By International Organizations
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Author : Elisabetta Morlino
language : en
Publisher: Cambridge University Press
Release Date : 2019-01-24
Procurement By International Organizations written by Elisabetta Morlino 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 2019-01-24 with Business & Economics categories.
Investigates the relationship between international organizations and private subjects under the unexplored perspective of procurement by international organizations.
The Oxford Handbook Of The Sources Of International Law
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Author : Jean d'Aspremont
language : en
Publisher: Oxford University Press
Release Date : 2017-10-19
The Oxford Handbook Of The Sources Of International Law written by Jean d'Aspremont 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 2017-10-19 with Law categories.
The question of the sources of international law inevitably raises some well-known scholarly controversies: where do the rules of international law come from? And more precisely: through which processes are they made, how are they ascertained, and where does the international legal order begin and end? This is the static question of the pedigree of international legal rules and the boundaries of the international legal order. Second, what are the processes through which these rules are made? This is the dynamic question of the making of these rules and of the exercise of public authority in international law. The Oxford Handbook of the Sources of International Law is the very first comprehensive work of its kind devoted to the question of the sources of international law. It provides an accessible and systematic overview of the key issues and debates around the sources of international law. It also offers an authoritative theoretical guide for anyone studying or working within but also outside international law wishing to understand one of its most foundational questions. This Handbook features original essays by leading international law scholars and theorists from a range of traditions, nationalities and perspectives, reflecting the richness and diversity of scholarship in this area.