International organizations are typically intergovernmental in nature and endowed with a bipolar institutional structure where organs of States are usually juxtaposed with the Secretariat. On these premises, in
Non-Governmental Interests in Regional Organizations: The Role of Parliamentary, Socio-Economic and Territorial Institutions Elisa Tino aims at analysing the unexplored phenomenon of institutional multipolarism of regional organizations, namely the trend to establish institutions representing non-governmental interests. Particularly, illustrating their diffusion in various geographic areas, explaining rationales underlying their establishment and investigating their institutional aspects, Elisa Tino pinpoints the contribution of these institutions to the development of regional organizations both according to the functionalist approach and the constitutionalist one. Thus, she aims at providing food for thought in the study of international organizations.
Grain Subsidies in Ukraine is the first attempt to examine impact of international trade law on Ukrainian policies in the cereals sector. The author focuses on instruments of state support for agricultural producers. Those are examined in their compliance with Ukraine’s WTO commitments. The other central component of the book is the effect of the EU-Ukraine Association Agreement on the the country’s policy space. The treaty contains legal approximation provisions, which may have a farreaching impact on Ukrainian agricultural regulation. In this regard, the agreement is compared to other free trade agreements signed by Ukraine. Another focal point is the question to what extent Ukraine could make
use of the EU agricultural aid practice. Although certain EU experience is found to be useful, the book generally advocates reducing distortive policies in Ukraine by substituting subsidies with market-based instruments.
In 1999, the Alliance mistakenly bombed the Chinese embassy in Belgrade. Around the same period, allegations were made regarding its involvement in human trafficking and forced prostitution in Bosnia-Herzegovina. A decade later, NATO airplanes hit a fuel truck causing significant civilian casualties in Kunduz, Afghanistan.
After more than 60 years of existence and a track-record of more than 30 missions performed worldwide, it is surprising that there is still uncertainty on the scope and content of NATO’s responsibility for wrongful conduct during its military operations.
This timely book deals with the international responsibility of NATO during military operations. It examines, the status of the Alliance, the existence of international obligations and conditions of attribution of conduct in NATO.
The Requirement of Consultation with Indigenous Peoples in the ILO, María Victoria Cabrera Ormaza examines the law-making and interpretive practice of the International Labour Organization (ILO) relating to indigenous peoples with a particular focus on the consultation requirement established by Article 6 of ILO Convention No. 169. Taking into account both the mandate and institutional characteristics of the ILO, the author explains how the ILO understands the notion of consultation with indigenous peoples and outlines the flaws in its approach. Through a comprehensive analysis of state practice and human rights jurisprudence concerning indigenous peoples, the author explores the normative impact of ILO Convention No. 169, while revisiting the ILO’s potential to help harmonize different interpretations of the consultation requirement.
The International Court of Justice, principal judicial organ of the United Nations, plays an important and unique role in the peaceful settlement of international disputes. As a third-party mechanism, it is a highly technical and well-structured institution. Through its continuous and consistent jurisprudence, it provides legal certainty, stability and predictability to the interpretation and application of international law.
This special course intends to introduce some general concepts that underlie international adjudication and the basic rules and principles governing the competence and jurisdiction of the Court. Notwithstanding its prominence, the Court does not have a general and unconditional competence in dispute resolution. Its jurisdiction is based on the consent of the States, both in general terms as well as in each specific case, which reflects the attributes of the State system. Jurisdiction is a substantive matter. The Court’s decision on the question of jurisdiction is no less important than on the merits.
The International Court of Justice and the Effectiveness of International Law, by
Philippe Couvreur, Registrar of the ICJ since 2000, offers an account of the history and main achievements of the principal judicial organ of the United Nations, the only court with universal and general jurisdiction. This book discusses the hopes and aims of creating a permanent, international tribunal for settling disputes between States, and the ICJ’s role in ensuring the effectiveness of the rule of law at the international level. Taking into account the characteristics of the international legal order, this work provides a description of the main achievements brought about in this respect by the creation of the ICJ; the basis and scope of its function as a judicial institution; its relationship with other means of settling disputes and its integration in the United Nations; and finally its substantial contribution in two areas of great significance for the promotion and strengthening of peaceful relations between States, namely the settlement of land and maritime disputes and the implementation of the law of State responsibility.
The right of international agents to an effective remedy demonstrates the existence of a common legal framework which applies to all international organisations and provides for the right to an effective remedy not only of their international civil servants, but of all their agents. At the same time, the study points out the deficiencies in the implementation of this right from the moment of the crystallisation of the dispute to the execution of the judgement. The detailed analysis of the legal framework within international organisations as well as of the international administrative case law of over twenty tribunals by Anne-Marie Thévenot-Werner serves as a guide for practitioners and researchers wishing to engage in this little-known but rich field.
Le droit des agents internationaux à un recours effectif met en lumière l’existence d’un cadre juridique commun applicable à toutes les organisations internationales prévoyant le droit à un recours effectif non seulement de leurs fonctionnaires, mais de tous leurs agents. Dans le même temps, l’étude met le doigt sur des lacunes dans la mise en œuvre de ce droit dès l’instant de la cristallisation du différend jusqu’à l’exécution du jugement. L’analyse détaillée des dispositions des organisations internationales et de la jurisprudence administrative internationale de plus d’une vingtaine de juridictions menée par Anne-Marie Thévenot-Werner sert ainsi de guide pour le praticien et pour le chercheur souhaitant s’immerger dans ce domaine méconnu mais dont la substance est particulièrement riche.
This book is a study of the future of international law as well as the future of the United Nations. It is the first study ever bringing together the laws, policies and practices of the UN for the protection of the earth, the oceans, outer space, human rights, victims of armed conflicts and of humanitarian emergencies, the poor, the vulnerable and the disadvantaged world-wide. It reviews unprecedented dangers and challenges facing humanity such as climate change and weapons of mass destruction, and argues that the international law of the future must become an international law of security and of protection. It submits that the concept of international security in the UN Charter can no longer be restricted to situations of armed conflict but must be given its natural meaning: whatever threatens the security of humanity. It calls for the Security Council to perform its role as the guardian of the security of humankind and sees a leadership role for the UN Secretary-General in analysing and presenting challenges of international security and protection to the Security Council for its attention.
Written by a seasoned scholar / practitioner of international law and the United Nations, who has served in key policy, peacemaking, peacekeeping and human rights positions in the United Nations, this book offers indispensable new vistas of international law and policy, and the future role of the United Nations.
The State Practice of India and the Development of International Law by Bimal N. Patel provides a critical analysis of India’s state practice and development of international law. Providing insight into the historical evolution of Indian state practice from pre-1945 period through the 21st century, the work meticulously and systematically examines the interpretation and execution of international law by national legislative executive and judicial organs individually as well as collectively. The author demonstrates India’s ambitions as a rising global power and emerging role in shaping international affairs, and convincingly argues how India will continue to resist and prevent consolidation of Euro-American centric influence of international law in areas of her political, economic and culture influence.
The aim of this monograph is to analyze how the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the International Criminal Court have resorted to proportionality and other limitation techniques when placing implied external limits upon the exercise of substantive and procedural human rights enjoyed by the accused and other actors affected by international criminal proceedings. Implied external limits in this context are defined as those limits that override the exercise of a human right on public interest grounds or on grounds relating to competing human rights and that either fall outside the scope of a limitation/qualification clause of an international criminal court's internal legal instruments or go beyond its express and ordinary terms. The present monograph will point to various sources of legal uncertainty which international criminal courts have generated in the limitation process of those human rights relevant to international criminal proceedings and to the definition of international crimes. The monograph will examine the relation between human rights, limitations on human rights standards and proportionality under international criminal procedural law and international criminal law (understood substantively) in light of the limitation and proportionality practices of international human rights monitoring bodies.