The Exercise of Public Authority by International Institutions: Advancing International Institutional Law

Overview

This book develops a framework for the legal analysis of global governance phenomena. Today, international institutions are responsible for more and more governance activities which cover a wide range of issue areas and which affect individuals and governments alike. So far, there exists no legal, doctrinal approach to such phenomena. The dominant social science approach is unsatisfactory from a normative standpoint: it does not allow to single out those activities on the part of international institutions which ...

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Hardcover (2010)
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Overview

This book develops a framework for the legal analysis of global governance phenomena. Today, international institutions are responsible for more and more governance activities which cover a wide range of issue areas and which affect individuals and governments alike. So far, there exists no legal, doctrinal approach to such phenomena. The dominant social science approach is unsatisfactory from a normative standpoint: it does not allow to single out those activities on the part of international institutions which compromise individual or collective self-determination. To this end, the book proposes the concept of "international public authority." In a series of thematic studies, it identifies important hard and soft mechanisms that constitute unilateral exercises of power by the institutions of global governance. Cross-cutting analyses single out procedural and substantive principles which could become the corner stones of the further development of international institutional law.

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Product Details

Table of Contents

Concept.- Developing the Publicness of Public International Law: Towards a Legal Framework for Global Governance Activities.- From Public International Law to International Public Law: A Comment on the “Public Authority” of International Institutions and the “Publicness” of their Law.- To Tame and to Frame.- International Bureaucracies from a Political Science Perspective – Agency, Authority and International Institutional Law.- Thematic Studies: The Exercise of Public Authority through Instruments Concerning Indivduals - Decisions.- The UN Security Council Al-Qaida and Taliban Sanctions Committee: Emerging Principles of International Institutional Law for the Protection of Individuals?.- WIPO’s International Registration of Trademarks: An International Administrative Act Subject to Examination by the Designated Contracting Parties.- International Institutions and Individualized Decision-Making: An Example of UNHCR’s Refugee Status Determination.- Thematic Studies: The Exercise of Public Authority through Instruments Concerning Indivduals - Recommendations.- Effective Governance through Decentralized Soft Implementation: The OECD Guidelines for Multinational Enterprises.- Thematic Studies: The Exercise of Public Authority through Instruments Concerning Indivduals - Information.- The Administration of Information in International Administrative Law – The Example of Interpol.- Thematic Studies: The Exercise of Public Authority through Instruments Concerning Indivdual States - Decisions.- Flexibility and Legitimacy — The Emissions Trading System under the Kyoto Prool.- The UNESCO Regime for the Protection of World Heritage as Prototype of an Autonomy-Gaining International Institution.- The UNESCO Regime for the Protection of World Heritage.- Thematic Studies: The Exercise of Public Authority through Instruments Concerning Indivdual States - Recommendations.- Regulating Minority Issues through Standard-Setting and Mediation: The Case of the High Commissioner on National Minorities.- Thematic Studies: The Exercise of Public Authority through Instruments Concerning Indivdual States - Information.- Governance through Promotion and Persuasion: The 1998 ILO Declaration on Fundamental Principles and Rights at Work.- The WTO Committee on Trade in Financial Services: The Exercise of Public Authority within an Informational Forum.- The Exercise of Public Authority through General Instruments: Secondary Law.- The Administration of the Vocabulary of International Trade: The Adaptation of WTO Schedules to Changes in the Harmonized System.- Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) – Conservation Efforts Undermine the Legality Principle.- The Exercise of Public Authority through General Instruments: International Public Standards.- Legal Challenges of Non-binding Instruments: The Case of the FAO Code of Conduct for Responsible Fisheries.- Why Would International Administrative Activity Be Any Less Legitimate? — A Study of the Codex Alimentarius Commission.- The Exercise of Public Authority through General Instruments: Public Authority through Private Law Instruments.- ICANN – Governance by Technical Necessity.- International Administration of Holocaust Compensation: The International Commission on Holocaust Era Insurance Claims (ICHEIC).- Cross-Cutting Analyses.- Inside Relative Normativity: From Sources to Standard Instruments for the Exercise of International Public Authority.- Goldmann Variations.- General Principles of International Public Authority: Sketching a Research Field.- Is There a Global Administrative Law?.- Procedures of Decision-Making and the Role of Law in International Organizations.- The Contributions by Jochen von Bernstorff and by Maja Smrkolj.- The Enforcement Authority of International Institutions.- The Enforcement Authority of International Institutions – Some Remarks and Suggestions for Further Analysis.- Holding International Institutions Accountable: The Complementary Role of Non-Judicial Oversight Mechanisms and Judicial Review.- International Composite Administration: Conceptualizing Multi-Level and Network Aspects in the Exercise of International Public Authority.- International Composite Administration.- Legitimacy of International Law and the Exercise of Administrative Functions: The Example of the International Seabed Authority, the International Maritime Organization (IMO) and International Fisheries Organizations.- Context.- The Internationalization of Administrative Relations as a Challenge for Administrative Law Scholarship.- Procedural Due Process of Law Beyond the State.

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