International Organizations As Law-makers

Paperback | April 27, 2006

byJose E. Alvarez

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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 ofinternational 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 oninternational 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 entitieswithin 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 movetowards 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 disputesettlers, 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' globallaw, including the potential for forms of hegemonic international law.

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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 ofinternational law and international organizat...

Jose E. Alvarez is Professor at Columbia Law School, where he teaches courses on international law, foreign investment, international legal theory, and international organizations, and is executive director of the Center on Global Legal Problems. Prior to entering academia in 1989, Professor Alvarez was an attorney adviser with the Of...

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Format:PaperbackDimensions:720 pages, 9.21 × 6.14 × 1.59 inPublished:April 27, 2006Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198765630

ISBN - 13:9780198765639

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Table of Contents

AcknowledgmentsForeword: The Need for Organizational Insights1. IntroductionPart I: International Institutional Law: Selected Issues2. Constitutional Interpretation3. (Re) Introducing International Institutional Law4. The Varied Forms of International Institutional LawPart II: Multilateral Treaty- Making5. International Organizations as Treaty-Makers6. Have IOs Improved Treaty-Making?Part III: Institutionalized Dispute Settlement7. Dispute Settlement by 'Non-judicial' Actors8. Dispute Settlement by 'Quasi-Judicial' and 'Judicial' Bodies9. The Nature of International Adjudication10. The Promise and Perils of International OrganizationsIndex

Editorial Reviews

`The world is increasingly dense with international organizations, yet they receive surprisingly little attention from international lawyers. Arguing that we are in "the age of IOs," Jose Alvarez offers a comprehensive treatment of the topic that skillfully melds theory, practice, and history.Deftly weaving together insights and evidence from both international law and international relations, International Organizations as Law-Makers provides one-stop shopping for anyone interested in the past, present, and future of international organizations.' Professor Kal Raustiala, UCLA Law School