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The Impact of International Organizations on International Law

The Impact of International Organizations on International Law

Author: Jose E. Alvarez
Publisher: Brill Nijhoff
ISBN: 9789004328396

Published In: October 2016
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9789004328457

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The Impact of International Organizations on International Law addresses how international organizations, particularly those within the UN system, have changed the forms, contents, and effects of international law.

Professor Jose Alvarez considers the impact on sovereigns and actions taken by the contemporary Security Council, the UN General Assembly, and UN Specialized Agencies such as the World Health Organization. He considers the diverse functions performed by adjudicators – from judges of the International Criminal Court to arbitrators within the international investment regime.

This text raises fundamental questions concerning the future of international law given the challenges international organizations pose to legal positivism, to traditional conceptions of sovereignty, and to the rule of law itself.

I. Legal Positivism and its Discontents

(1) The Mainstream: Legal Positivism

(a) Positivist Treaties

(b) Positivist Custom

(2) The Institutional Challenge to Legal Positivism

(a) The Reality of Institutionalization

(b) The International Judiciary

(d) From State Rules to Process

(e) From Process to Inter-disciplinarity

(3) Caveats

II. The UN Charter Over Time: The Contemporary Security Council

(1) What is the UN Charter for?