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The Development and Effectiveness of International Administrative Law

On the Occasion of the Thirtieth Anniversary of the World Bank Administrative Tribunal

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Edited by Olufemi Elias

International administrative law, or more precisely the law of the international civil service, has been the focus of increased attention in recent years. A part of the discussion has focused on the design of the justice mechanisms of international organizations, exemplified by the overhaul of the internal justice system of the United Nations in 2009. The internal justice systems of some international organizations have been subjected to scrutiny before some national courts, and the role and contribution of international administrative tribunals to the development of the law continue to be an important part of discussions of good governance and accountability of international organizations. The essays in this book, written by judges, practitioners, academics and other experts, address these and other issues.

Finn Seyersted

This work provides a comprehensive theory of the system of legal norms that are developed partly in the internal written (constitutional) law of intergovernmental organizations and partly through their consistent practice, and that are therefore common to intergovernmental organizations.
The legal construction presented in this volume consists of the following main elements:
As for all other self-governing communities all intergovernmental organizations possess their own internal law governing their relations with 1) the organs of the organization, 2) the officials and 3) the member states in their capacity as members of the organization. Some organizations exercise in addition extended (delegated) jurisdiction over states, other organizations and/or individuals.
Secondly, as for other self-governing communities all intergovernmental organizations are subjects of public international law in their relations with other self-governing communities (states and other intergovernmental organizations), and in the case of extended jurisdiction, also in relations with individuals and private entities.
Thirdly, as for all other self-governing communities possessing its own internal law (its distinct lex personalis), intergovernmental organizations enter into relations of a private law nature with both public and private entities. Governed by the rules on conflict of laws, these relations must be determined by assessing relevant 1) personal, 2) territorial and 3) organic connecting factors.
Thus Common Law of Intergovernmental Organizations brings together all those elements pertaining to the theory of objective legal personality that have been presented in a scattered fashion, in bits and pieces.
Common Law of Intergovernmental Organizations, starting out from the position of objective legal personality, is fully compatible with modern requirements of good governance and accountability of international organizations, and particularly adaptable to the ideal of “systemic integration” of legal regimes constituting internal law of the organization.

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Viljam Engström

The scope of powers of international institutions has always been surrounded by a sense of ambiguity. This has its source in the nature of the two main legal tools with which to construct powers; the doctrines of attributed/conferred powers and implied powers. This book illustrates the function of the two doctrines in a discourse on powers. Special attention is also paid to the move to a constitutional vocabulary as a way of transcending the dichotomy at the heart of diverging constructions of powers. Constitutionalization claims, the book argues, can be reproductions of different images of the proper extent of powers. The book is a reminder of the political nature of any construction of powers of international institutions.

Responsibility of International Organizations

Essays in Memory of Sir Ian Brownlie

Edited by Maurizio Ragazzi

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.

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Edited by Myron H. Nordquist, Tommy Koh and John Norton Moore

Freedom of the seas and passage rights is a highly topical subject for the international community that cuts across a broad spectrum of scholarly disciplines and maritime operations. The contents of the book include in-depth analysis of current international and regional approaches to freedom of navigation, transit passage through straits used for international navigation, archipelagic sea lanes passage, scientific research and hydrographic surveys in the Exclusive Economic Zone (EEZ), military surveys in the EEZ, as well as vessel source pollution and protection of the marine environment. Many of the chapters describe measures in place at multilateral and regional levels to improve information sharing and operational coordination. This collection will especially appeal to those concerned with freedom of the seas and passage rights. The CD accompanying the volume includes important documents such as the UN Convention on the Law of the Sea as well many PowerPoint presentations delivered at the conference. It also includes a draft index to the multi-volume series United Nations Convention on the Law of the Sea 1982: A Commentary.
This book contains the edited papers and associated documents from the 32nd annual Virginia conference held in Singapore, January 9-10, 2008. Presentations were delivered by government officials, senior naval and coast guard commanders as well as by leading jurists and academics with impressive expertise in the law of the sea.

Raymond Saner

Success in negotiation is not a matter of chance, but the result of careful planning and specialized skills. Some of these skills are inborn, others need to be learnt. In this book the social scientist and economist Professor Dr. Raymond Saner draws on his long years of experience as a negotiation adviser, teacher, trainer, researcher and university lecturer to show that twothirds of negotiation practice is learnable. Yet very few people are specifically trained in this everyday task. Without sacrificing scientific accuracy, Professor Saner offers a highly readable and fascinating guide to the subject. In so doing, he does not limit himself to the over-simplified tips generally put out on successful bargaining in every imaginable situation. Rather, he treats the different aspects of negotiation practice in a way that is useful to both academics and practitioners, such that the general laws and principles gradually become evident as and of themselves. The aim of this approach is to reveal the essence of negotiation through the experience of both the author and the reader. Such an understanding of the processes involved in negotiation is of far greater practical value than a mere collection of recipes with no discussion of the underlying theory, while the most comprehensive treatment of the theory without reference to its application in practice would be only half the story. Thus, the text is supplemented by a series of illustrative examples and case studies from the business, political, NGO and international organization arenas, plus some seventy figures and tables. With all this, the author has paid considerable attention to writing a text that is both entertaining to read and rigorous in content.

William Kurt Barth

This work addresses the question: how has the evolution of a legal regime within the United Nations and regional organisations influenced state behaviour regarding recognition of minority groups? The author assesses the implications of this regime for political theorists’ account of multiculturalism. This research bridges a gap between normative questions in political theory on multiculturalism and the international law on minorities. It does so by means of case studies of legal challenges involving two groups, namely, the Aboriginal peoples of Canada, and the Roma peoples in Europe. The author concludes by discussing the normative implications of the minority regime for helping to resolve conflicts that arise out of state treatment of minority groups.

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Edited by Rüdiger Wolfrum, Peter-Tobias Stoll and Clemens Feinäugle

With the establishment of the WTO, trade in services became part of the world trade order. Volume 6 is dedicated to these rather recent developments. It covers the core agreement, the General Agreement on Trade in Services (GATS) with annexes, as well as the additional instruments , which have been adopted later on to govern the liberalization in specific sectors. Those are the Understanding on Commitments in Financial Services, the Second Protocol on Financial Services, the Third Protocol on the Movement of Natural Persons, the Fourth Protocol on Basic Telecommunications and the Fifth Protocol, which contains further rules for financial services. This volume will be a valuable reference tool for the WTO community as a whole, as well as for professionals and researchers, who deal with one of the sectors concerned, e.g. financial services and telecommunications. Furthermore, it is highly relevant in view of those sectors, which are the subject of ongoing liberalization efforts or earmarked for future negotiations, namely accounting, legal services, transport, tourism, environmental services, legal and educational services.

International Democracy Documents

A Compilation of Treaties and Other Instruments

Edited by Frithjof Ehm and Christian Walter

Since the end of the Cold War a plentitude of books and articles have been published on the subject of democracy and international law. During this same period numerous international treaties, declarations, resolutions and policy papers have been adopted. International Democracy Documents brings together the most important universal documents as well as those from Africa, the Americas, the Arab Region, Asia and Europe. The Editors provide a comprehensive General Introduction to the collection, and contextually introduce each chapter. The volume fills a gap in the literature and contributes to the advancement of the study of human rights, democracy and the rule of law.

"À n’en pas douter, ce copieux inventaire constituera un outil fort utile, et en tout cas un excellent point de départ, pour celui ou celle qui s’intéresse à la notion de démocratie en droit international. Puisse cet ouvrage contribuer, comme c’est le vœu de ses auteurs (p. 35), à faciliter la recherche, le développement et le renforcement des standards et valeurs démocratiques au plan international…" : Laurent Weyers, Revue Belge de droit international, No. 2014/2

"It is no exaggeration to recommend that every library in the “Third World’s” law schools should have this volume on their shelves." : Pranoto Iskandar, in: Indonesian Journal of International & Comparative Law (IJICL) Volume III Issue 4 (October 2016), p. 799-806






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Edited by Malgosia Fitzmaurice and Duncan French

The book analyzes the question of legitimacy and efficacy of certain organs created on the basis of Multilateral Environmental Agreements, i.e. Conferences and Meetings of the Parties. It analyzes their structure, new developments and collaborative efforts regarding the powers of these bodies in achieving desired goals of environmental protection.

Contributors are: Michael Bowman, Edward J. Goodwin, Peter G.G. Davies, Feja Lesniewska and Philippe Cullet