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Books > Law > International law > Public international law
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International Organizations and their Exercise of Sovereign Powers (Hardcover)
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International Organizations and their Exercise of Sovereign Powers (Hardcover)
Series: Oxford Monographs in International Law
Expected to ship within 12 - 19 working days
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This book provides a conceptual and legal analysis of one of the
most important challenges facing international organizations today:
their exercise of sovereign powers. The book examines the exercise
of sovereign powers by organizations such as the United Nations,
the World Trade Organization, and the European Union. It makes a
significant contribution to the content of the law that governs
both the exercise of sovereign powers by international
organizations and the relationships between organizations and their
Member States. The book also tackles the fundamental question of
what values should constrain international organizations in their
exercise of sovereign powers. These sovereign powers have been
conferred on international organizations by States and may include
the full range of executive, legislative, and judicial powers.
Sarooshi develops an innovative three-tiered typology of conferrals
which ranges from agency relationships, to delegations of powers,
to full transfers of powers. These categories prove useful in
answering a number of legal issues that arise out of the
relationships between international organizations and their Member
States. These include: When an international organization exercises
conferred powers, does it do so on its own behalf or on behalf of
the State? Whose legal relations are changed by the exercise of
powers: the State's or the organization's? In the case where the
State has retained the right to exercise powers it has conferred on
an organization, whose interpretation of the powers will prevail in
the case of a conflict that arises from the concurrent exercise of
powers? What fiduciary duties are owed by the organization and
Member States towards each other? And who is responsible for
breaches of international law that may occur as a result of the
organization's exercise of conferred powers: the State or the
organization or both? These issues lead on to a consideration in
the book of the measures available to a State under international
law when it wants to try and change the way that an organization is
exercising conferred powers.
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