International Organizations and the Idea of Autonomy: Institutional Independence in the International Legal Order

ISBN-13: 9780415550888 / Angielski / Twarda / 2011 / 446 str.

Nigel D. White;Richard Collins

Opis

International Organizations and the Idea of Autonomy is an exploratory text looking at the idea of intergovernmental organizations as autonomous international actors. In the context of concerns over the accountability of powerful international actors exercising increasing levels of legal and political authority, in areas as diverse as education, health, financial markets and international security, the book comes at a crucial time. Including contributions from leading scholars in the fields of international law, politics and governance, it addresses themes of institutional autonomy in international law and governance from a range of theoretical and subject-specific contexts. The collection looks internally at aspects of the institutional law of international organizations and the workings of specific regimes and institutions, as well as externally at the proliferation of autonomous organizations in the international legal order as a whole. Although primarily a legal text, the book takes a broad, thematic and inter-disciplinary approach. In this respect, International Organizations and the Idea of Autonomy offers an excellent resource for both practitioners and students undertaking courses of advanced study in international law, the law of international organizations, global governance, as well as aspects of international relations and organization.

The volumes 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.

Spis treści

Foreword, José 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 Engström 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

O autorze

Richard Collins is a lecturer and doctoral candidate in the School of Law at the University of Sheffield, where he teaches in the areas of public law and public international law.

Nigel D. White is Professor of Public International Law at the University of Nottingham, formerly Professor of International Law at the University of Sheffield and author of a number of books including most recently Democracy Goes to War: British Military Deployments Under International Law (Oxford University Press, 2009).