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The Analogy between States and International Organizations

The Analogy between States and International Organizations

Author: Fernando Lusa Bordin
Publisher: Cambridge University Press
ISBN: 9781316609156

Published In: February 2020
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781107155558

List Price: HKD 442.00

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Description
Contents

Details

The book investigates how an analogy between States and international organizations has influenced and supported the development of the law that applies to intergovernmental institutions on the international plane. That is best illustrated by the work of the International Law Commission on the treaties and responsibility of international organizations, where the Commission for the most part extended to organizations rules that had been originally devised for States. Revisiting those codification projects while also looking into other areas, the book reflects on how techniques of legal reasoning can be - and have been - used by international institutions and the legal profession to tackle situations of uncertainty, and discusses the elusive position that international organizations occupy in the international legal system. By cutting across some foundational topics of the discipline, the book makes a substantive contribution to the literature on subjects and sources of international law.

Proposes and explores a new approach to how general international law applies to international organizations appealing to those interested in the intersection between international law and legal theory
Discusses the position of international organizations under international law, and looks into what international organizations are legally speaking and how they compare to States when acting on the international plane
Revisits the work of the International Law Commission on treaties and responsibility of international organizations and explores the history of the development of the law of international organizations

Foreword

Acknowledgements

Table of cases

Select table of key documents

List of abbreviations

Introduction

Part I. The Case for an Analogy:

1. Analogy in international legal reasoning

2. The foundations of the analogy between states and international organizations

Part II. Objections to the Analogy:

3. Structural differences between states and international organizations

4. International organizations as 'special subjects'