My subject today is "International Organizations and Customary International Law"--that is, the role of international organizations in relation to the formation and determination of rules of customary international law. Charney devoted a good part of his well-known article on "Universal International Law" to what he termed "contemporary international law-making." By that, he meant chiefly law-making within "international forums"--that is, within organs of international organizations and at international conferences. He starts the discussion from the somewhat heretical position that "[w]hile customary law is still created in the traditional way, that process has increasingly given way in recent years to a more structured method, especially in the case of important normative developments. Rather than state practice and "opinio juris," multilateral forums often play a central role in the creation and shaping of contemporary international law." Charney's conclusions, however, are perhaps not as radical as his premise. He acknowledged that "[s]ome may question the authority to legislate universally, even in the face of some dissent, because it appears to be inconsistent with the sovereignty and autonomy of states. Such apprehension is not unreasonable. The international legal system, however, will invoke this authority sparingly."
"International Organizations and the Law addresses the laws relating to international organizations, their undertakings, and the ways in which specific international organizations function and interact with one another. Assuming little background knowledge of international law, the book brings together key issues in international law and the history of international organizations in a cohesive manner, providing readers with a clear understanding of international organizations' law in context. It addresses topics such as: -organization functions and structure -membership and membership powers -the rights of international organizations -dispute settlement in international organizations -termination of an international organization. The second edition has been fully revised and updated to include coverage of: the COVID-19 pandemic and its impact on the functions of international organizations, the invasion of Ukraine and the stresses placed on the UN, NATO and the international community, increased efforts in the climate change sector as well as the overhaul of the NAFTA system, and the impact of Brexit. Written in an accessible and engaging way, this book is ideal reading for students new to the law of international organizations and as a reference for those active in fields impacted by international organizations"--
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Preliminary Material -- Chapter One. Scope and Purpose -- Chapter Two. Intergovernmental Organizations Ð Internal and International Law -- Chapter Three. Basic General Distinctions -- Chapter Four. Types of Jurisdiction Exercised /Self-governing Communities -- Chapter Five. Inherent Jurisdiction over Organs and Officials -- Chapter Six. Extended Jurisdiction of Some Organizations in Substantive Matters (Delegated Powers) -- Chapter Seven. Settlement of Internal Disputes -- Chapter Eight. Public International Law; Introduction -- Chapter Nine. International Acts -- Chapter Ten. Responsibility of Intergovernmental Organizations -- Chapter Eleven. Internal Relations -- Chapter Twelve. External Relations with Private Parties, Introduction -- Chapter Thirteen. Provisions on Applicable Law -- Chapter Fourteen. Practice When There Is No Conflicts Provision. Examples of Application of Law Other than National Law -- Chapter Fifteen. Relationship between International Law of Igos and General Principles of Law -- Chapter Sixteen. Choice between National Laws: References to the Law of the Organization in Traditional Conflict of Laws -- Chapter Seventeen. Relationship between Competent Courts and Applicable Law. Interpretation of Jurisdictional Clauses -- Chapter Eighteen. Conclusions -- Table of Cases -- Index.
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International Organizations and the Law addresses the laws relating to international organizations, their undertakings and the ways in which specific international organizations function and interact with one another. Assuming little background knowledge of international law, the book brings together key issues in international law and the history of international organizations in a cohesive manner, providing readers with a clear understanding of international organizations' law in context. It addresses topics such as: organization functions and structure membership and membership powers the rights of international organizations dispute settlement in international organizations termination of an international organization. The second edition has been fully revised and updated to include coverage of the COVID-19 pandemic and its impact on the functions of international organizations; the invasion of Ukraine and the stresses placed on the UN, NATO and the international community; increased efforts in the climate change sector; and the overhaul of the NAFTA system and the impact of Brexit. Written in an accessible and engaging way, this book is ideal reading for students new to the law of international organizations and as a reference for those active in fields impacted by international organizations.
As international organizations become ever more prominent in global politics it is increasingly urgent to understand their power, their limits, and their effects. Now in its fourth edition, this leading textbook provides the definitive introduction to modern international organizations, from the legal charters of their beginnings, to the issues they engage with in the contemporary world. In his analysis of the United Nations, the World Trade Organization, the International Criminal Court and ten other prominent global institutions, Hurd combines legal, empirical, and theoretical approaches in an accessible and cohesive package. Fully revised and updated, this latest edition includes topical cases and controversies involving international organizations, such as Brexit, trade wars, environmentalism, forced migration and border disputes. It will be of interest to undergraduate and graduate students taking courses in international organizations, international institutions, global governance, and international law.