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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.
Author: ANDREA GIARDINA

) of the Community. Many important Community regulations have been adopted on the basis of the above-mentioned general provisions and of the clause in Article 235 of the EEC Treaty providing the Community with implied powers. Several examples may be drawn from the main sectors connected with the

In: The Italian Yearbook of International Law Online
Author: Erik Røsæg

powers, 11 while the second sentence extends the powers to “incidental powers.” This apparent contradiction reflects the power struggle in the negotiations, where the industrialized nations opposed granting wide, implied powers to the ISA . 12 The text was repeated without clarification in the 1994

In: The Law of the Seabed
In: Judge Antônio A. Cançado Trindade. The Construction of a Humanized International Law

whether the un has the legal competence to use pmsc s in its peacekeeping operations. In addition, the principles of peacekeeping operations are analysed for the same purpose to determine the legality of the use of pmsc s under the un Charter. 3 Implied Powers An international organisation is

In: Journal of International Humanitarian Legal Studies
In: Towards Convergence in International Human Rights Law
Author: Isabel Lamers

comparable forerunner. Starting in 1963, the ECJ established Community law doctrines (direct effect, supremacy, implied powers) that structured the relationship between Community and Member State level and rendered it indistinguishable from the corresponding legal relationships in other federal states. 74

In: Tilburg Law Review

constitutional order and a check upon the expansive application of the Security Council’s implied powers doctrine. International Organizations Law Review 8 (2011) 55–135 * The author would like to thank Philip Alston, José Alvarez, James Crawford, Judge Sir Ken Keith, Sir Nigel Rodley, Haidi Willmot and Rüdiger

In: International Organizations Law Review

. Introduction pp. 281  2. The doctrine of effectiveness pp. 281  3. The international personality of the Organisation pp. 282  4. Doctrine of implied powers pp. 284  5. Practice pp. 285  6. Application of limitations pp. 286

, , Chapter sections   1. International personality pp. 151  2. Implied powers pp. 153  3. Treaty interpretation pp. 156  4. State succession pp. 157  5. Assistance to non-members pp. 162  6. Establishment of new institutions pp. 168  7. Trust funds pp. 189  8. Non-interference in members’ political affairs