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Introduction to International Institutional Law

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ISBN-10: 0521736161

ISBN-13: 9780521736169

Edition: 2nd 2009

Authors: Jan Klabbers

List price: $78.95
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Book details

List price: $78.95
Edition: 2nd
Copyright year: 2009
Publisher: Cambridge University Press
Publication date: 5/14/2009
Binding: Paperback
Pages: 393
Size: 7.00" wide x 9.75" long x 0.50" tall
Weight: 1.738
Language: English

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