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International Organizations as Law-Makers


ISBN13: 9780198765639
ISBN: 0198765630
Published: May 2006
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £40.99
Hardback edition , ISBN13 9780198765622



Despatched in 3 to 5 days.

International Organizations as Law-makers addresses how international organizations with a global reach, such as the UN and the WTO, have changed the mechanisms and reasoning behind the making, implementation, and enforcement of international law.

Alvarez argues that existing descriptions of international law and international organizations do not do justice to the complex changes resulting from the increased importance of these institutions after World War II, and especially from changes after the end of the Cold War. In particular, this book examines the impact of the institutions on international law through the day to day application and interpretation of institutional law, the making of multilateral treaties, and the decisions of a proliferating number of institutionalized dispute settlers.

The introductory chapters synthesize and challenge the existing descriptions and theoretical frameworks for addressing international organizations. Part I re-examines the law resulting from the activity of political organs, such as the UN General Assembly and Security Council, technocratic entities within UN specialized agencies, and international financial institutions such as the IMF, and considers their impact on the once sacrosanct 'domestic jurisdiction' of states, as well as on traditional conceptions of the basic sources of international law.

Part II assesses the impact of the move towards institutions on treaty-making. It addresses the interplay between negotiating venues and procedures and interstate cooperation and asks whether the involvement of international organizations has made modern treaties 'better'. Part III examines the proliferation of institutionalized dispute settlers, from the UN Secretary General to the WTO's dispute settlement body, and re-examines their role as both settlers of disputes and law-makers. The final chapter considers the promise and the perils of the turn to formal institutions for the making of the new kinds of 'soft' and 'hard' global law, including the potential for forms of hegemonic international law.

  • Explores the topical issues of the promise and risks attendant in international institutions such as the WTO and the UN
  • Examines the value and problems of multilateralism in an age dominated by single hegemon
  • Interdisciplinary approach will interest those working in both law and political science
  • Extensive citations and logical structure make this book valuable for scholars, advanced students and policy-makers

Subjects:
Public International Law
Contents:
Acknowledgments
Foreword: The Need for Organizational Insights
1. Introduction
Part I: International Institutional Law: Selected Issues
2. Constitutional Interpretation
3. (Re) Introducing International Institutional Law
4. The Varied Forms of International Institutional Law
Part II: Multilateral Treaty- Making
5. International Organizations as Treaty-Makers
6. Have IOs Improved Treaty-Making?
Part III: Institutionalized Dispute Settlement
7. Dispute Settlement by 'Non-judicial' Actors
8. Dispute Settlement by 'Quasi-Judicial' and 'Judicial' Bodies
9. The Nature of International Adjudication
10. The Promise and Perils of International Organizations
Index;