Download An Introduction to International Institutional Law by Jan Klabbers PDF

By Jan Klabbers

Overseas agencies are strange creations: generated by way of and for his or her member states, they have to additionally frequently compete with member states. This complex dating results in a few uncertainty within the legislations, and the criminal argument of a firm might frequently be counterpointed by means of an both legitimate argument from a member country. conscious of this courting in his entire research of overseas institutional legislation, Jan Klabbers re-appraises the prestige of overseas firms during this textual content for complicated legislations and diplomacy scholars.

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Critical legal theory As far as matters of theory go, the law of international organizations is still somewhat immature. We lack a convincing theory on the international legal personality of international organizations, to name just one thing. Moreover, if an international organization fails to meet its legal obligations, we are not at all sure as to whether and in what circumstances it can be held responsible, let alone whether its member states incur some responsibility as well. Furthermore, we are quick to point to the possibility that legal powers, 6 7 Thus, T.

15 Wilson’s plea was carried on the waves of public opinion in many states16 and would lead to the formation of the League of Nations. And not only that: the International Labour Organization was also established at the 1919 Peace Conference. 17 The League of Nations was the first international organization which was designed not just to organize co-operation between states in areas which some have referred to as ‘low politics’, such as transport and communication, or the more mundane aspects of economic co-operation as exemplified by the Metric Union, but to have as its specific aims to guarantee peace and the establishment of a system of collective security, following which an 13 14 15 16 17 Max Huber, Die soziologischen Grundlagen des V¨olkerrechts (Berlin, 1928, first published in 1910).

On the one hand (if we limit ourselves to international law), the law is supposed to respect the interests of individual states. As any introductory textbook on international law will make clear, international law is largely based on the consent of states; and they have given this consent as free and individual sovereign entities. Thus, the law must cater to their demands, or it runs the risk of losing the respect of precisely those whose behaviour it is supposed to regulate. Yet, at the same time, the law must also take the interests of the international community into account, in two distinct but related ways.

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