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Preface to the First Edition | |
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Preface to the Second Edition | |
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Acknowledgements | |
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Table of cases | |
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A note on documentation | |
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List of abbreviations | |
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Introduction | |
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Introduction | |
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An introductory textbook on institutional law | |
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Critical legal theory | |
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Trying to define international organizations | |
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The layout of this book | |
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The rise of international organizations | |
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Introduction | |
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The rise of modern organizations | |
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Classifying international organizations | |
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Why co-operate? | |
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Legal theory and international organizations | |
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Discarding the functional necessity theory | |
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Organizations and their members | |
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The legal position of international organizations | |
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Introduction | |
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Indicators of 'subjectivity' | |
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Legal personality under domestic law | |
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International legal personality | |
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Concluding remarks | |
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The foundations for the powers of organizations | |
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Introduction | |
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The doctrine of attributed powers | |
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The doctrine of implied powers | |
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Reconciling the two doctrines | |
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Inherent powers? | |
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Implied powers under fire | |
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Re-thinking powers? | |
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Concluding remarks | |
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International organizations and the law of treaties | |
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Introduction | |
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Reservations | |
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Revision | |
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Withdrawal and termination | |
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Interpretation | |
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The power to interpret | |
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Concluding remarks | |
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Issues of membership | |
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Introduction | |
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Membership | |
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Other forms of membership? | |
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State succession and membership | |
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Representation | |
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Termination of membership | |
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Concluding remarks | |
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Financing | |
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Introduction | |
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The politics of procedure | |
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Expenditure | |
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Problems and crises | |
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Sources of income | |
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Concluding remarks | |
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Privileges and immunities | |
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Introduction | |
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The theoretical basis of privileges and immunities | |
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Applicable law | |
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Distinguishing rationales | |
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The UN Convention | |
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Headquarters Agreement | |
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Other sources of law | |
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Domestic law | |
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Concluding remarks | |
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Institutional Structures | |
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Introduction | |
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Regular organs | |
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Some other bodies | |
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Comitology | |
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Creating organs | |
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Limits? The Tadic case | |
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Inter-relationship: hierarchy or not? | |
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The position of member states | |
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Concluding remarks | |
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Legal instruments | |
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Introduction | |
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Sketching the problem: the Mandate | |
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Categories of instruments | |
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Three theories of law-making | |
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Non-binding instruments | |
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EC instruments | |
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Adopting conventions | |
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Internal and household matters | |
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Applying the law | |
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Concluding remarks | |
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Decision making and judicial review | |
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Introduction | |
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Adopting legal instruments | |
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European Community | |
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Validity | |
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Judicial review in the EC | |
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Judicial review of Security Council Acts | |
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Hierarchy between acts | |
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Concluding remarks | |
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Dispute settlement | |
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Introduction | |
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The ICJ's advisory jurisdiction | |
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Other tribunals within the UN system | |
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Dispute settlement in the EC | |
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Dispute settlement in other organizations | |
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The Gatt/Wto system | |
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Administrative tribunals | |
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Alternatives | |
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Concluding remarks | |
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Treaty-making by international organizations | |
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Introduction | |
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The 1986 Vienna Convention | |
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Treaty-making powers | |
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The ties that bind | |
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Mixed agreements | |
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Organizational liaisons | |
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Concluding remarks | |
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Issues of responsibility | |
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Introduction | |
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Some preliminary issues | |
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An illustration: the Tin Council litigation | |
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Whose behaviour? | |
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The wrongful act | |
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Indirect and secondary responsibility | |
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Policy arguments | |
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Limited liability and legal personality | |
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Piercing the corporate veil | |
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Concluding remarks | |
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Dissolution and succession | |
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Introduction | |
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The modalities of dissolution | |
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Dissolution | |
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Succession: some basic issues | |
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Assets and debts | |
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Personnel | |
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Functions | |
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Concluding remarks | |
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Concluding remarks: Towards re-appraisal and control | |
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Introduction | |
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Organizations v. members: a zero-sum game? | |
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Transgovernmentalism, civil society and formalism | |
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Control | |
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Concluding remarks | |
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Bibliography | |
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Index | |