Recueil Des Cours, Collected Courses, Tome 426

ISBN-13: 9789004517714 / Angielski / Twarda / 2022

Académie de Droit International de la Ha

Opis

Pieter Jean KUIJPER, Delegation and International Organizations; As Exemplified by the United Nations and the European Union
Based on a comparative approach, this course analyzes the diverging development of the delegation of powers, in particular legislative or regulatory powers, in the UN and the EU. It is based largely on the primary sources, documents and decisions of the organs of these organizations, including the relevant judicial decisions. After a brief discussion of some basic notions involved in delegation of powers, it makes a basic distinction between delegation of a constitutional nature and delegation of an administrative law nature. It continues with a preliminary chapter on delegation of powers in a limited number of national legal systems, as it is likely that these may have had some influence on delegation within international organizations, when these were first confronted with the problem of delegation. These national systems are characterized by a strong resistance against the delegation of truly legislative powers, but at the same time by the growing and unavoidable need for delegation in specialized domains of the modern administrative state, where certainly the legislature, but in many areas also the executive, lack the necessary knowledge.

Stephen C. McCAFFREY, The Evolution of the Law of International Watercourses.