The Impact of International Organizations on International Law

International Law

The Impact of International Organizations on International Law

By Jose E. Alvarez
Brill Nijhoff October 2016

Specifications

ISBN-13
9789004328396
Publisher
Brill Nijhoff
Publication
October 2016
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Also available as

Paperback

Details

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.

Table of Contents

I. Legal Positivism and its Discontents
(1) The Mainstream: Legal Positivism
(a) Positivist Treaties
(b) Positivist Custom
(c) Positivist General Principles
(2) The Institutional Challenge to Legal Positivism
(a) The Reality of Institutionalization
(b) The International Judiciary
(c) The Return of Domestic Analogies
(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?
(2) The UN Charter as Positivist Instrument
(3) The Council and the “Contracting Out” of Force: Iraq
(4) The Council as Extradition Tool
(5) The Council and Ad Hoc War Criminal Tribunals
(6) The Council and the “Right to Democracy”
(7) The Council’s “Smart” Sanctions
(8) The Council’s Global “Legislation”
(9) The Council’s New Tool: The ICC
(10) The Council and “Human Security”
III. The Contemporary General Assembly
(1) The Assembly and the Sources of International Law
(2) The Assembly as Charter Interpreter
(3) The Assembly as Human Rights Interpreter and Enforcer
(4) The Assembly as Peace and Security Institutional Actor
IV. A Contemporary Specialized Agency: The World Health Organization
(1) The Origins of the WHO
(2) The Fall of the Old IHRs
(3) The Rise of the Revised (2005) IHRs
(4) The WHO’s First Treaty: The Framework Convention on Tobacco Control
(5) The WHO in Larger Context
V. The Main Functions of International Adjudication
(1) Introduction
(2) The Complex Dispute Settlement Function
(3) The Fact-Finding Function
(4) The Law-Making Function
(5) The Governance Function
(6) Conclusions
VI. Three Challenges Posed by International Organizations
(1) The IO Challenge to Legal Positivism
(a) The challenge to the primacy of states and state consent
(b) The challenge to the Article 38 source of international obligation
(c) The challenge to bindingness
(d) Explaining how IO charters “evolve”
(2) The IO Challenge to Sovereignty
(3) The IO Challenge to the Rule of Law
(4) Conclusion
HKD 2,261.00

Inclusive of HK delivery

Ready to ship
Delivery Time: around 4-5 weeks
Extra 10 working days if shipping address outside Hong Kong
  • Free HK shipping over HK$1,000
  • International shipping to 35+ countries
Order Form
Save

Recommended

You may also be interested in these books:

More titles from International Law

View all
Law of the Sea and Maritime Delimitation: State Practice and Case Law in Latin America and the Caribbean
Routledge

Law of the Sea and Maritime Delimitation: State Practice and Case Law in Latin America and the Caribbean

Angel Horna
HKD 1,765.40
The International Law of the Sea
Hart Publishing

The International Law of the Sea

Don Rothwell; Tim Stephens
HKD 466.57
The Responsibility to Protect: Perspectives on the Concept's Meaning, Proper Application and Value
Routledge

The Responsibility to Protect: Perspectives on the Concept's Meaning, Proper Application and Value

Sonja Grover
HKD 1,891.50
Interpretations of the United Nations Convention on the Law of the Sea by International Courts and Tribunals
Springer-Verlag

Interpretations of the United Nations Convention on the Law of the Sea by International Courts and Tribunals

Angela del Vecchio; Roberto Virzo
HKD 2,659.87
International Law and the Cold War
Cambridge University Press

International Law and the Cold War

Matthew Craven; Sundhya Pahuja; Gerry Simpson
HKD 643.11
Citizen Participation in Multi-level Democracies
Brill Nijhoff

Citizen Participation in Multi-level Democracies

Cristina Fraenkel-Haeberle
HKD 2,699.90