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Sovereign (In)equality in International Organizations

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ISBN13: 9789041113108
ISBN: 904111310X
Published: November 1999
Publisher: Brill Academic Publishers
Format: Hardback
Price: £233.00



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This volume challenges the dominant intellectual assumptions of mainstream international law scholarship regarding the principle of Sovereign Equality. The animus and scope of this challenge is situated in the context of the decision-making processes in International Governmental Organizations (IGOs) which employ the ""one state, one vote"" and/or the ""weighted voting"" rule. Using the theories of Functionalism and Legitimacy to analyze the legal implications and complications of the principal voting mechanisms and voting practices of certain key IGOs vis-a-vis the doctrine of Sovereign Equality, the author establishes that this doctrine has remained far too orthodox for contemporary realities. In this context, she emphasizes the importance of the necessity for functional legitimate decision-making processes in global governance, and, accordingly, advocates the elimination of the anachronistic and non-viable principle of Sovereign Equality from international institutional law. The author also rejects the introduction of any new principle in IGOs - for example democratic governance - which will render decision-making even less functional.

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Contents:
I: Introduction to International Power and Influence. A. The Structure of the World Community.
1. International Organizations as the New Key Players in the World Community.
2. The Principle of Sovereign Equality: problems and Opportunities. B. Methodology.
1. The Eclectic Route to Decision-Making in International Governmental Organizations.
2. The Path Leading to Our Destination. II: Legal Theories & Constructs: A View From Somewhere. A. Legal Theories in International Law.
1. Functionalism and Inter-Related Theories in International Governmental Organizations.
2. The Theoretical Perspective of Legitimacy in International law. B. Legal Constructs of Law: Equality, Sovereignty and Sovereign Equality.
1. The Legal Concept of Equality.
2. Sovereignty Then and Now.
3. The Birth, Life and Future of Sovereign Equality.
4. Sovereign Equality vis-a-vis Key International Norms. III: Decision-Making in International Political Organizations.
1. The United Nations (UN).
1. The Principle of Sovereign Equality in the United Nations.
2. Seeking Credence in Sovereign Equality in the General Assembly.
3. When They Don't Practice What They Preach: Breaching Sovereign Equality in the Security Council.
4. Functional Legitimacy Within the United Nations. B. The International Labour Organization (ILO).
1. Genesis and Structure.
2. The International Labour Organization's Unique Composition and Decision-Making Processes.
3. Majoritarianism Withou Reservations in the International Labour Organization's Treaty-Making.
4. Functional Legitimacy of Sovereign Equality within the Decision-making Processes of the International Labour Organization. IV: Decision-making in international Financial Organizations. A. The International Monetary Fund (IMF).
1. Genesis and Structure.
2. The International Monetary Fund's Constitutional Foundations and Framework.
3. Decision-Making in the International Monetary Fund.
4. The Level of Sovereign Equality's Functional Legitimacy in the International Monetary Fund. B. The Multilateral Investment Guarantee Agencee (MIGA).
1. Genesis and Structure.
2. The Constitutional Foundations and Decision-Making Framework of the Multilateral Investment Guarantee Agency.
3. The Sui Generis Voting Parity in the Decision-Making Process of the Multilateral Investment Guarantee AGency.
4. The Impact of Sovereign Equality in the Multilateral Investment Guarantee Agency. V: Decision-Making in International Organizations which are in a League of Their Own. A. The European Union (EU).
1. The Structure of the European Union.
2. The European Union's Foundational Framework.
3. The Council of the European Union.
4. The European Parliament.
5. The Functional Legitimacy of the Principles of Sovereign Equality and Democracy in the European Union's Decision-Making Processes. B. The Organisation for Economic Co-operation and Development (OECD).
1. The Structure of the Organisation for Economic Co-operation and Development.
2. Constitutional Foundations: Sovereign Equality's