By Jan Klabbers
Foreign organisations are strange creations: generated via and for his or her member states, they need to additionally frequently compete with member states. This complex courting ends up in a few uncertainty within the legislation, and the felony argument of a company may perhaps frequently be counterpointed by way of an both legitimate argument from a member nation. conscious of this dating in his finished research of overseas institutional legislations, Jan Klabbers re-appraises the prestige of foreign enterprises during this textual content for complicated legislation and diplomacy scholars.
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Additional info for An Introduction to International Institutional Law
Strict adherents to the notion of state sovereignty will not easily admit the existence of an implied power;14 yet for the protection of community interests, an implied power may well be deemed desirable. Thus, the tension between the two strands of thinking is visible in some of the more general and central notions of the law of international organizations. It is the great merit of critical legal studies to have illuminated the unsolvable nature of the tension between thinking in terms of state sovereignty and thinking in terms of the community interest.
For the better part, international law regulated the practical aspects of sovereign states living together on Planet Earth, dealing with such issues as the jurisdiction of states, access to each other’s courts, delimitation of maritime zones, and other similar issues. To the extent that cooperation took place at all, it was of the sort which follows naturally from this co-existential character of the law. 2 Although embryonic forms of international organization have been present throughout recorded history, for instance in the form of the socalled amphictyonic councils of ancient Greece, the late-medieval Hanseatic League3 or such precursors as the Swiss Confederation and the United Provinces of the Netherlands,4 it was not until the nineteenth century that 1 2 3 4 As a theoretical concern, this conception owes much to the work of Wolfgang Friedmann, especially his The Changing Structure of International Law (New York, 1964).
Alan E. Boyle, ‘Saving the World? Implementation and Enforcement of International Environmental Law through International Institutions’ (1991) 3 Journal of Environmental Law, 229–45. See also Robin R. Churchill & Geir Ulfstein, ‘Autonomous Institutional Arrangements in Multilateral Environmental Agreements: A Little-Noticed Phenomenon in International Law’ (2000), 94 AJIL, 623–59. , Scritti in onore di Giuseppe Federico Mancini, volume II (Milan, 1998), 227–56. Curtin refers to such bodies as ‘unidentiﬁed international organizations’.