The Analogy Between States and International Organizations

ISBN-13: 9781316609156 / Angielski / Miękka / 2020 / 297 str.

Fernando Lusa Bordin

Opis

The book will appeal to academics, practitioners and students specializing in international law and international relations. It takes a fresh perspective on how the law that applies to intergovernmental institutions has - and continues to be - developed by analogy with the law that applies to States.

Recenzje

'The simplicity of [the book's] title is deceptive. Not only does [Bordin] explore the philosophical foundations for using analogical reasoning in the law generally, and the case for its use as applied to states and IOs, he is no less interested in the limitations, paradoxes, and contestable features of the analogy, and also highlights instances where IOs' legal position is assimilated to that of states, but without any justification rooted in systemic logic … Bordin's treatment of the ILC materials is fine-grained but never turgid, and achieves an impressive balance between wider themes at stake and the particularity of interventions by ILC members, sensitive both to the pulls of underlying logic and to political contingencies in shaping the ILC's debates … This is surely of great value to practitioners and scholars …' Simon C. Milnes, British Yearbook of International Law

Spis treści

Foreword; Acknowledgements; Table of cases; Select table of key documents; List of abbreviations; Introduction; Part I. The Case for an Analogy: 1. Analogy in international legal reasoning; 2. The foundations of the analogy between states and international organizations; Part II. Objections to the Analogy: 3. Structural differences between states and international organizations; 4. International organizations as 'special subjects'; 5. International organizations as 'layered subjects'; Part III. Limits of the Analogy: 6. Analogy in the relations between organizations and members; 7. Normative contestation of the analogy; Conclusion; Bibliography; Index.