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This book contains papers presented at a high-level conference that
was jointly organized by the Institute of Global Law, University
College London and the Institute of International Law, Queen Mary,
University of London. The chapters cover issues of State
Responsibility before the following international judicial
institutions: the International Court of Justice, The International
Tribunal for the Law of the Sea, the World Trade Organization,
United Nations Compensation Commission, International Centre for
the Settlement of Investment Disputes, and International &
Regional Human Rights Courts. Contributors include: H.E. Judge Dame
Rosalyn Higgins D.B.E., Q.C., Emeritus Professor Ian Brownlie
C.B.E.,Q.C., Professor Malcolm Shaw Q.C., Professor Maurice
Mendelson Q.C., Professor Christopher Greenwood C.M.G., Q.C.,
Professor Guy Goodwin-Gill, Dr Matthew Craven, H.E. Judge Benedetto
Conforti, Professor Malcolm Evans, Professor Dominic McGoldrick,
Professor Gerhard Loibl and Dr Olufemi Elias.
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.
This book provides a legal analysis of the institutional mechanisms and processes which the UN employs to use force to maintain or restore peace. A main focus is the technique of delegation by the UN Security Council of its powers of enforcement under Chapter VII of the Charter to other UN organs (e.g. the UN Secretary-General in Somalia, and the War Crimes Tribunals for Rwanda and the former Yugoslavia), UN Member States (e.g. the coalition against Iraq), and regional and collective self-defence organizations (e.g. NATO in Bosnia). By examining the legal framework which governs the process of such a delegation of these Chapter VII powers; the practice relating to the exercise of these powers by each of the delegates concerned; and the policy issues relating to such delegations, the book makes a significant contribution to the content of the law pertaining to the use of force by the UN and provides guidance as to likely future developments in the legal framework governing collective action to maintain peace under the auspices of the UN.
In their membership of international organizations, States must
confer some of their sovereign powers upon those organizations.
This book considers the exercise of sovereign powers by
international organizations including the United Nations, the World
Trade Organization, and the European Union in order to answer
fundamental questions about the relationship between an
international organization and its Member States.
In this book, Sarooshi develops a three-tiered typology of
conferrals which ranges from agency relationships, to delegations
of authority, to full transfers of power. The legal aspects of
these conferrals are examined, and their implications for the
growing importance of international organizations in international
relations are assessed.
This book provides a legal analysis of the institutional mechanisms and processes which the UN employs to use force to maintain or restore peace. A main focus is the technique of delegation by the UN Security Council of its powers of enforcement under Chapter VII of the Charter to other UN organs (e.g. the UN Secretary-General in Somalia, and the War Crimes Tribunals for Rwanda and the former Yugoslavia), UN Member States (e.g. the coalition against Iraq), and regional and collective self-defence organizations (e.g. NATO in Bosnia). By examining the legal framework which governs the process of such a delegation of these Chapter VII powers; the practice relating to the exercise of these powers by each of the delegates concerned; and the policy issues relating to such delegations, the book makes a significant contribution to the content of the law pertaining to the use of force by the UN and provides guidance as to likely future developments in the legal framework governing collective action to maintain peace under the auspices of the UN.
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