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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.
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.
Readership: Scholars and advanced students of international law and politics, practitioners in public international law, policymakers in Government, NGOs, and international organizations
| The limits of
international law
Jack L. Goldsmith, Eric A. Posner 1 Отзыв Oxford University Press, 2005 - Всего страниц: 262 International law is much debated and
discussed, but poorly understood. Does international law matter, or
do states regularly violate it with impunity? If international law is
of no importance, then why do states devote so much energy to negotiating
treaties and providing legal defenses for their actions? In turn, if
international law does matter, why does it reflect the interests of
powerful states, why does it change so often, and why are violations
of international law usually not punished? |