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This book deals with the question of national sovereignty and States' participation in International Organizations, whether traditional or supranational ones. Although there has been much discussion on the problems posed by the transference of sovereignty, this volume provides an original insight in that transfer of state sovereignty is approached as a dynamic process that can be divided into three different phases. Part one, called 'the initial phase', focuses on the examination of the domestic legal basis for the transfer of state sovereignty. Part two, 'the transfer phase', investigates how the process of transfer evolves within the core of two International Organizations: the United Nations and the European Communities. Part three, 'the post-transfer phase', analyses the States' responses to the effects and consequences of the transfer of sovereignty.
Seven essays grapple with some of the paradoxes of national sovereignty in today's world, examining such dimensions as pan-Islamism, new approaches to international human rights, ethnic conflict, lessons from Yugoslavia, and Japan and the tropical forests of southeast Asia. Paper edition (unseen), $17.95. Annotation copyrighted by Book News, Inc., Portland, OR
This book deals with the question of national sovereignty and States' participation in International Organizations, whether traditional or supranational ones. Although there has been much discussion on the problems posed by the transference of sovereignty, this volume provides an original insight in that transfer of state sovereignty is approached as a dynamic process that can be divided into three different phases. Part one, called `the initial phase', focuses on the examination of the domestic legal basis for the transfer of state sovereignty. Part two, `the transfer phase', investigates how the process of transfer evolves within the core of two International Organizations: the United Nations and the European Communities. Part three, `the post-transfer phase', analyses the States' responses to the effects and consequences of the transfer of sovereignty.
This book 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-à-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 - e.g. democratic governance - which will render decision-making even less functional.
National sovereignty, defined as a nation's right to exercise its own law and practise over its territory, is a cherished norm in the modern era, and yet it raises great legal, political and ethical dilemmas. This study looks at the problems created by international intervention.
Examines the growing power of nongovernmental organizations by looking at UN World Conferences.
The past century has been a period of revolutionary change in many fields of human activity, in institutions and in thought. This period has seen the need of adjustment of state institutions and legal concepts to the needs of greater international cooperation. During the half century preceding the First World War, cooperation by governments outside the traditional diplomatic channels and procedures was largely limited to highly technical organizations, commonly referred to as public international unions, dealing with such matters as the im provement of postal communications and the control of contagious diseases. With the establishment of the League of Nations and the International Labor Organization at the end of the First World War, organized international cooperation assumed greater importance and the need was recognized of giving to the instruments of such cooper ation legal status and rights which would facilitate the effective performance of their functions. This proved to be a difficult adjustment for legal theory to make since the enjoyment of special privileges and immunities had been based in traditional international law on the fiction of state sovereignty. The new international organizations, while performing functions of the kind performed by national govern ments, were far from possessing the powers of such governments. The failure of the League of Nations to achieve its major purpose did not signify any permanent decline in the role of organized inter national cooperation.
Is it true that the forces of technology and interdependence have undermined the sovereignty of modern states? This book argues powerfully that the opposite is true: that over the past quarter century the major industrial states - the US, Britain, France, Germany and Japan - have mostly used these forces, often in novel ways, to pursue national purposes. The nation-state framework has, over that period, remained the basis of legitimate political authority and law. There has been a huge increase in the scope, incidence and detail of state regulation to manage, among other things, both the domestic economy and the effects of transnational flows. International management almost invariably depends upon state consent. The power of the state has never, anywhere, been absolute and its methods of management have always been changeable. But there is no evidence that its managerial effectiveness has, overall, been less in 1995 than in 1975 or 1965. This book therefore takes strong issue with much of the literature on interdependence and international organisation which has appeared in recent times. It is especially useful for those trying to understand the larger framework within which business must operate or the sources of authority for anyone's plan to manage problems of financial or population flows, of transnational conservation problems or of trade. The book will also be of particular use in graduate and senior undergraduate courses in international relations or organisation.