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International Organisations and the Idea of Autonomy: Institutional Independence in the International Legal Order (eBook)

Edited by: Nigel D. White, Richard Collins

ISBN13: 9781136806056
Published: April 2011
Publisher: Routledge-Cavendish
Country of Publication: UK
Format: eBook (ePub)
Price: Out of print
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The volume contains contributions from leading scholars in the field of international law, including Jan Wouters, Nigel D. White, Jan Klabbers, Mary Footer and Nico Krisch, who consider the idea of institutional autonomy in international law, and autonomy within international institutional law from a broad perspective.

The book engages with the idea of international organisations as autonomous entities, both in terms of control and influence over their membership and as independent actors in the international system as a whole. It considers the difficulties of theorising autonomy in a decentralised legal system, where autonomy appears as both desirable and dangerous at the same time. Related to this, the chapters question how changing perceptions of international law affect ideas of autonomy in particular institutional settings, and how, in turn, particular institutional structures or experiences may affect our perceptions of, or ambitions for change within the international system as a whole.

Subjects:
Public International Law, eBooks
Contents:
Foreword, Jose E. Alvarez
1. International Organizations and the Idea of Autonomy: Introduction and Overview, Richard Collins & Nigel D. White Part One: Theoretical and Conceptual Frameworks
2. Modernist-Positivism and the Problem of Institutional Autonomy in International Law, Richard Collins
3. Legal Autonomy in Kant's Philosophy of International Law, Patrick Capps
4. The Multifaceted Concept of the Autonomy of International Organizations and International Legal Discourse, Jean d'Aspremont
5. Policy Autonomy of Intergovernmental Organizations: A Challenge to International Relations Theory?, Bob Reinalda & Bertjan Verbeek
6. The Idea of Autonomy: Accountability, Self-Determinism and what Normative Claims about Institutional Autonomy in Global Governance Should Mean, Garrett W. Brown
7. Autonomy, Constitutionalism, and Virtue in International Institutional Law, Jan Klabbers Part Two: Themes of Autonomy in Public International Law and International Institutional Law. (a) Themes of Institutional Autonomy in International Law
8. The Emergence of International Agencies in the Global Administrative Space: Autonomous Actors or State Servants?, Ramses A. Wessel & Edoardo Chiti
9. International Adjudication and Autonomy, John Merrills
10. Sanctions and Countermeasures by International Organizations: Diverging Lessons for the Idea of Autonomy, Frederic Dopagne. (b) Themes of Autonomy in International Institutional Law
11. The Relationship between International Legal Personality and Institutional Autonomy, Tarcisio Gazzini
12. Powers of Organizations and the Many Faces of Autonomy, Viljam Engstrom
13. Managerial Accountability: What Impact on International Organizations' Autonomy?, Jan Wouters, Nicholas Hachez & Pierre Schmidt
14. Autonomy, Attribution and Accountability: Reflections on the Behrami Case, Aurel Sari
15. Immunity as a Guarantee for Institutional Autonomy: A Functional Perspective on the Necessity of UN Immunity in Post-conflict Administrations, Eric De Brabandere Part Three: Autonomy within Particular Institutional Contexts
16. Layers of Autonomy in the UN System, Nigel D. White
17. Regional Organizations and the UN Legal Order: Interdependence of Independence?, Richard Burchill
18. Conceptualizing the Autonomy of the European Union, Nicholas Tsagourias
19. Institutional Balances, Competences and Restraints: the EU as an Autonomous Foreign Policy Actor, Paul James Cardwell
20. Autonomy in International Environmental Law and Governance - A Case Study of the Actual (Somewhere Between the Fable and the Threat), Duncan French
21. Future Imperfect: Institutional Autonomy and the WTO, Mary E. Footer