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
Comparative Reasoning in International Courts and Tribunals
Cambridge University Press

Comparative Reasoning in International Courts and Tribunals

Daniel Peat
HKD 428.74
Self-Determination in the Post-9/11 Era
Routledge

Self-Determination in the Post-9/11 Era

Elizabeth Chadwick
HKD 378.17
Vienna Convention on the Law of Treaties: A Commentary 2nd Edition
Springer-Verlag

Vienna Convention on the Law of Treaties: A Commentary 2nd Edition

Oliver Dorr; Kirsten Schmalenbach
HKD 4,654.00
Environmental Policy, Non-Product Related Process and Production Methods and the Law of the World Trade Organization
Springer-Verlag

Environmental Policy, Non-Product Related Process and Production Methods and the Law of the World Trade Organization

Amber Rose Maggio
HKD 1,462.00
Research Handbook on the Sociology of International Law
Edward Elgar Publishing

Research Handbook on the Sociology of International Law

M. Hirsch; A. Lang
HKD 2,736.37
Making and Shaping the Law of Armed Conflict
Oxford University Press

Making and Shaping the Law of Armed Conflict

Sandesh Sivakumaran; Christian R. Burne
HKD 1,210.56