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Since World War II, remarkable progress has been made toward establishing more effective international laws and organizations to reduce opportunities for confrontation and conflict, and to enhance the pursuit of security and well-being. This book offers a detailed record of that progress, as well as its meaning for our times and those ahead. Taking a historical, theoretical, and case-study approach, John Gibson provides the reader with a broad understanding of how international organizations evolved to serve the interests of their member states, how the constitutional charters of organizations provide a coherent statement of goals and means to goals, and how these organizations are assuming increasing authority in the international system. The work traces the progression of international constitutional and human rights law, with an emphasis on the past 45 years. In the first part, Gibson discusses the historic processes of political relations and mutual reliance; the evolution of these patterns through World War II; the subsequent history of the United Nations; the prime goals of international constitutional law; and the organizations' range of authority--from the high state to the supra-organization level. Part two offers a case study of the progression of international human rights law. Separate chapters trace the history of human rights in religion and philosophy and the role of the state in international law, while the concluding chapter on the United Nations Commission on Human Rights demonstrates how organizations actually function. This book will be a valuable resource for courses in international relations and international law, as well as an important addition to academic and professional libraries.
In December 2011, the United Nations General Assembly adopted the International Law Commission's articles on the responsibility of international organizations, bringing to conclusion not only nearly ten years of reflection by the Commission, governments and organizations on this specific topic, but also decades of study of the wider subject of international responsibility, which had initially focused on State responsibility. Parallel to this reflection by the Commission, diplomats and public officials, the body of international case-law and literature on the many facets of the topic has steadily been growing. Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie contributes to the body of international literature by collecting a broad spectrum of different and sometimes differing perspectives from well-known experts in the field, ranging from the bench to the Commission, academia, and the world of in-house counsel. The book is also a memorial to the renowned Sir Ian Brownlie, himself a former Chairman of the International Law Commission who, as a leading scholar and practitioner, greatly contributed to the reflection on international responsibility, including the responsibility of international organizations. Edited by Maurizio Ragazzi, a former pupil of Sir Ian, the book is an ideal companion to International Responsibility Today, a collection of essays on international responsibility which the same editor presented in 2005 in memory of Oscar Schachter, and to which Sir Ian Brownlie had contributed. The essays collected in Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie, conveniently grouped by the editor under broad areas for the reader's benefit, will be relevant not only to all those interested in this specific subject but also, more generally, to all those engaged in the field of international law and the law of international organizations.
An Introduction to Contemporary International Law: A Policy-Oriented Perspective introduces the reader to all major aspects of contemporary international law. It applies the highly acclaimed approach developed by the New Haven School of International Law, holding international law as an ongoing process of authoritative decision-making through which the members of the world community identify, clarify, and secure their common interests. Unlike conventional works in international law, this book is organized and structured in terms of the process of decision making in the international arena, and references both classic historical examples and contemporary events to illustrate international legal processes and principles. Using contemporary examples, this Third Edition builds on the previous editions by contextualizing and dramatizing recent events with reference to seven features that characterize the New Haven School approach to international law: participants, perspectives, arenas of decision, bases of power, strategies, outcomes, and effects. This new edition highlights cutting-edge ideas in international law, including the right to self-determination, the evolution of Taiwan statehood, the expanding scope of international concern and the duty of states to protect human rights, the trend towards greater accountability for states and individual decision-makers under international law, and the vital role individual responsibility plays in the emerging field of international criminal law. It offers a new generation the intellectual tools needed to act as responsible citizens in a world community seeking human dignity and human security for all people.
When Suing Foreign Governments and Their Corporations was first published in 1988, one reviewer predicted that it would become the bible for all attorneys litigating such cases. Since then, the book has become the standard work on the intricacies of litigation under the Foreign Sovereign Immunities Act. In the most recent Supreme Court decision applying the Foreign Sovereign Immunities Act, both the majority and the dissent cited the book as the definitive work on the topic.
This book explores the human rights obligations of two of the largest international financial institutions,namely, the World Bank and the International Monetary Fund. Based on international legal methodology, this book addresses these two institutions in public international law, and assesses the extent to which international law provides foundations for obligations in the field of human rights. This book analyses any possible obligations related to the effect of the two institutions own programmes and projects. The core of this analysis is focused on the two institutions international legal personality, and addresses their relationship to international law as legal subjects, rather than as a collectivity of states with international legal personality. Building on the traditional sources of international law, such as customary international law, general principles of international law and treaty law, the book concludes that the two institutions are under an obligation to respect human rights in their operations. This implies that they will break their obligations if they make the human rights situation worse as a result of their programmes or projects. It also concludes that the World Bank and the IMF are not under obligations to promote or fulfil human rights, but that they may legitimately do so if they can do it within their Articles of Agreement (the treaties establishing the institutions). The book also looks at the practical implications of the obligation to respect, which involves both substantial and procedural obligations. These obligations will, even if limited in their scope, imply that the two institutions need to include human rights checks in the planning, implementation and evaluation stages of projects and programmes. The final part of the book looks at redress possibilities in situations where either of the two institutions may be in breach of their human rights obligations.
This thoughtful work by the world’s leading authority on the law of United Nations General Assembly Resolutions remains of inestimable value in its assessment of the potential role of these resolutions under the “New World Order.” An insider familiar with the institution’s complexities, Professor Sloan examines with insight and clarity the new opportunities available to the United Nations in a world released from the stifling restraints of the Cold War. The book includes detailed documentary annexes as well as a bibliography and index. Published under the Transnational Publishers imprint.
The Role of the International Court of Justice as the Principal Judicial Organ of the United Nations is a thought-provoking and valuable addition to the existing literature on the ICJ. The book’s originality lies in that it provides both the student and practitioner of international law and relations with a comprehensive evaluation of important but hitherto neglected aspects of the work of the World Court.
This unique work is an article-by-article drafting history of the ICC Statute containing all versions of every article in the Statute as it evolved from 1994 to 1998. It also integrates in the Statute's provisions the "Elements of the Crimes" and the "Rules of Procedure and Evidence" adopted by the Preparatory Commission (1998-2000) and the Regulations of the Court adopted by the plenary of judges. A description of the ICC mechanisms and institutions precedes this article-by-article legislative history. Other relevant documents are also included, such as those concerning the privileges and immunities and financial regulations of the Court, as well as its relationship with the United Nations. This new edition contains the amendments adopted at the Kampala Conference, amendments to the Rules of Procedure and Evidence and the Regulations of the Court, and references to relevant case law cover ing the first decade of the Court’s judicial activity. It also offers an insightful first-hand account of the drafting process both prior to and during the Rome Diplomatic Conference, along with a detailed historical survey of the efforts to establish the ICC. Government officials, judges, practitioners, and scholars seeking to interpret and understand the ICC Statute will find this publication unmatched for completeness and ease of use.
Written by the Senior Legal Counsel of the Ozone Secretariat, this book critically examines the implementation of the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer. This successful Protocol represents a dynamic legal regime that has made significant contributions to the progressive development of international environmental law resulting from innovative legal approaches, unparalleled in the history of treaty making, such as the use of framework treaties, simplified treaty amendment procedures and Ã?«soft lawÃ?Â- instruments. The author addresses issues related to environmental governance, environmental financing and the non-compliance procedure. The Montreal Protocol has considerably influenced subsequent multilateral environmental agreements, such as the Climate Change Convention and the Kyoto Protocol, as they have embraced similar financial mechanisms and non-compliance regimes. As the Montreal Protocol plays an important role in the development of international environmental law, a book that specifically deals with this significant Protocol cannot fail to be of importance to anyone interested in this area of law.