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International Organizations as Law-makers (Hardcover, New)
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International Organizations as Law-makers (Hardcover, New)
Series: Oxford Monographs in International Law
Expected to ship within 12 - 17 working days
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International Organizations as Law-makers addresses how
international organizations with a global reach, such as the UN and
the WTO, have changed the mechanisms and reasoning behind the
making, implementation, and enforcement of international law.
Alvarez argues that existing descriptions of international law and
international organizations do not do justice to the complex
changes resulting from the increased importance of these
institutions after World War II, and especially from changes after
the end of the Cold War. In particular, this book examines the
impact of the institutions on international law through the day to
day application and interpretation of institutional law, the making
of multilateral treaties, and the decisions of a proliferating
number of institutionalized dispute settlers. The introductory
chapters synthesize and challenge the existing descriptions and
theoretical frameworks for addressing international organizations.
Part I re-examines the law resulting from the activity of political
organs, such as the UN General Assembly and Security Council,
technocratic entities within UN specialized agencies, and
international financial institutions such as the IMF, and considers
their impact on the once sacrosanct 'domestic jurisdiction' of
states, as well as on traditional conceptions of the basic sources
of international law. Part II assesses the impact of the move
towards institutions on treaty-making. It addresses the interplay
between negotiating venues and procedures and interstate
cooperation and asks whether the involvement of international
organizations has made modern treaties 'better'. Part III examines
the proliferation of institutionalized dispute settlers, from the
UN Secretary General to the WTO's dispute settlement body, and
re-examines their role as both settlers of disputes and law-makers.
The final chapter considers the promise and the perils of the turn
to formal institutions for the making of the new kinds of 'soft'
and 'hard' global law, including the potential for forms of
hegemonic international law.
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