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The Max Planck Commentaries on World Trade Law explain the whole range of world trade law in seven individual article-by-article type commentaries. While the first volume (WTO – World Economic Order, World Trade Law) serves as a nutshell-type introduction to the WTO, the remaining six volumes focus on specific aspects of WTO law. The second volume (WTO – Institutions and Dispute Settlement) brings together the WTO institutional fundamentals and the whole dispute settlement. The third volume (WTO – Technical Barriers and SPS Measures) deals with the most controversial provisions on technical standards, protection of health and environment. The fourth volume (WTO – Trade Remedies) is devoted to the very specific area of antidumping, subsidies and safeguards. The fifth volume (WTO – Trade in Goods) comments on the substantial trade in good rules of the GATT/WTO. Finally, the sixth and seventh volume (WTO – Trade in Services and WTO – Trade-Related Aspects of Intellectual Property Rights) deal with intellectual property rights and trade in services rules respectively.
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The Max Planck Yearbook of United Nations Law (UNYB), founded in 1997, appears under the auspices of the Max Planck Foundation for International Peace and the Rule of Law. It has a two-tier structure: The first part, ‘The Law and Practice of the United Nations’, concentrates on the legal fundamentals of the UN, its Specialized Agencies and Programmes. The second part, ‘Legal Issues Related to the Goals of the United Nations’, analyzes achievements with regard to fulfilling the main objectives of the UN. The UNYB addresses both scholars and practitioners, giving them insights into the evolution, workings, and challenges of the UN.

If you are interested in writing a contribution for consideration of publication with forthcoming editions of the Yearbook, please send us an abstract proposal of your article to unyb@mpfpr.de

Please click here for the online version including the abstracts of the articles of Max Planck Yearbook of United Nations Law.
Free access
In: International Organizations Law Review

Abstract

Despite their increasing significance, Regional International Organizations (rio s) have, thus far, received scant attention in international legal literature. In order to fill this gap, the International Law Association (ila) Study Group (sg) on The International Law of Regional Organizations was launched in 2021 by the two editors of this special issue. This issue is an academic emanation of the comparative international law project conducted by the ila sg. It serves two main aims: first, present the main results of the ila sg’s comparative international law exercise in an accessible and analytical format in the first contribution of the issue; and, second, gather individual contributions to address further selected conceptual, normative, historical and institutional questions pertaining to the external and internal practice of international law by rio s. The present introduction provides the necessary conceptual and theoretical background to the discussion unfolding in the remainder of the issue. It addresses the topic and scope of this special issue, maps the state of the debate and relevance of the issue, and clarifies the structure and contents of the issue.

Free access
In: International Organizations Law Review

Abstract

This article examines the changing practice and theorisation of regional international organizations (rio s) since the early nineteenth century. It argues that the identity and place of rio s in international law have been continuously shaped and reshaped by the relational practices of particular entities, understood and enacted as more or less ‘regional’ and ‘organizational’, at different times and places. The article focuses on two axes of tension in particular: the positioning of rio s between functionalist and territorial logics; and the possibility of rio s being used for hegemonic or counter-hegemonic purposes. The article traces these two lines of tension through the practice of rio s and doctrinal and theoretical reflections on that practice, over four periods of uneven lengths: the late nineteenth and early twentieth centuries; the interwar period; the four decades following the Second World War; and the period since the end of the Cold War.

Open Access
In: International Organizations Law Review
Author:

Abstract

This article argues that there is a distinct regional international organization law which derives from that law’s concern with the institution, management and cultivation of qualities identified with regions. This concern gives this law four qualities. First, it seeks to institute the region into being, with the region identified as somewhere that combines a place and a mission-based association. Secondly, it characterises regions as fissile so that the provision of trust and security are central features of this law. Thirdly, it sees emancipation and solidarity as central ideals of both the region and its Member States. Fourly, this law contains an account of national inadequacy. This essay concludes by arguing for inclusion of a fifth quality, an account of regional inadequacy. This would problematise more extensively both what the regional international organization does and the concentrations of power it often facilitates.

In: International Organizations Law Review
Author:

Abstract

Regional International Organizations (rio s) are an important part of the modern international legal landscape. Yet, thus far, they have largely remained at the margins of scholarly attention. This contribution argues that, inter alia, the rio s’ lens provides valuable insights since rio s’ law casts in legal terms regional narratives of emancipation and solidarity that are central to bringing into existence and sustaining the legitimacy of new regional (legal) orders. The article then proceeds to trace the development of the principle of solidarity in international law and in the legal orders of two rio s, namely the European Union (EU) and the African Union (AU) with a view to providing concrete examples of the potential and limits of rio s to act as vehicles for realising regional narratives of solidarity. The article concludes by emphasising the importance of taking regional (legal) space seriously by highlighting the potential of rio s’ law to increase accountability and pluralise the geographies of international law.

Open Access
In: International Organizations Law Review

Abstract

This article provides a comparative analysis of the law and practice of regional international organizations (rio s). Drawing upon the International Law Association (ila) study and individual regional reports, the article offers a cross-regional account of organizations located in Europe, Eurasia, the Middle East, Africa, Latin America and the Caribbean, and the Asia-Pacific. The article focuses on the main conceptual questions that emerged during the study and reflects on some of the main insights gleaned from the cross-cutting comparisons. The article discusses the concept of ‘regional international organization’ and the debates about the appropriate definition to be used in the Study. The article discusses how international law applies to, and within, regional international organizations, examining issues such as the autonomy of the organization’s internal law. The article shows how regional international organizations have influenced the development of international law, by concluding treaties, contributing or catalysing relevant practice to the formation of customary international law, and producing authoritative ‘subsidiary means’ to identify the law. The comparative assessment allows us to offer reflections on the ‘openness’ of regional international organizations and the conditions under which they can shape, and be shaped by, international law. The article concludes with some starting points for further research on the place of regional international organizations.

Open Access
In: International Organizations Law Review
Author:

Abstract

International lawyers can no longer afford to ignore the growth of regional orderings under the umbrella of international law and their political consequences. There are, the author argues, at least two concerns rio s may help us address when thinking about the future of the international institution of (States) peoples and organising it to secure more political legitimacy: sovereignty and democracy. With respect to sovereignty qua ultimate political authority, first, rio s enable us to consider the virtues of multiple and shared external sovereignty in international relations and the possibility of a regional ordering of dispersed sovereignty as a shield to protect the same albeit multiply reinstituted peoples qua publics against domination, and this both inside their States and in their international relations. Second, with respect to democracy, rio s enable us to approach international democracy, and especially international democratic representation, in a pluralistic albeit systemic way: peoples may be reinstituted into different publics by multiple institutions over time, such as their States, but also by one or more rio s in their region, and giving those representative institutions a role in international law-making could strengthen political equality by compensating demographic and power imbalances between States while also requiring those rio s to become more egalitarian and accountable in return.

In: International Organizations Law Review

Abstract

This article explores the relationship between international law and space with particular attention to regionalism. Focusing on theoretical debates in the discipline, it will examine the interplay between regionalism and Regional International Organizations and the universal character of international law, re-describing central theoretical legal issues concerning this relationship. Regionalism will be assessed as one form of spatial ordering in international law. Regional order is an international legal notion that contributes to a more nuanced understanding of the politics of space and the processes of production, organization and distribution of power, resources and identities in a particular region. In this setting, changes in the spatial focus while employing theoretical interrogations in the discipline are productive ways to make sense of the diverse modes of engagement with international law in different regions worldwide.

In: International Organizations Law Review