The Institutional Veil in Public International Law
eBook - PDF

The Institutional Veil in Public International Law

International Organisations and the Law of Treaties

  1. 330 pages
  2. English
  3. PDF
  4. Available on iOS & Android
eBook - PDF

The Institutional Veil in Public International Law

International Organisations and the Law of Treaties

About this book

This book deals with the nature of international organisations and the tension between their legal nature and the system of classic, state-based international law. This tension is important in theory and practice, particularly when organisations are brought under the rule of international law and have to be conceptualised as legal subjects, for example in the context of accountability.

The position of organisations is complicated by what the author terms 'the institutional veil', comparable to the corporate veil found in corporate law. The book focuses on the law of treaties, as this pre-eminently 'horizontal' branch of international law brings out the problem particularly clearly. The first part of the book addresses the legal phenomenon of international organisations, their legal features as independent concepts, the history of international organisations and of legal thought in respect of them, and the development of contemporary law on international organisations. The second part deals with the practice of international organisations and treaty-making. It discusses treaty-making practice within organisations, judicial practice in interpretation of organisations' constitutive treaties, and the practice of treaty-making by organisations. The third and final part analyses the process by which international organisations have been brought under the rule of the written law of treaties, offering a practical application of the conceptual framework as previously set out. Part three is at the same time an analytic overview of the drafting history of the 1986 Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations. This is a profound and penetrating examination of the character of international organisations and their place in international law, and will be an important source for anyone interested in the future role of organisations in the international legal system.

Frequently asked questions

Yes, you can cancel anytime from the Subscription tab in your account settings on the Perlego website. Your subscription will stay active until the end of your current billing period. Learn how to cancel your subscription.
No, books cannot be downloaded as external files, such as PDFs, for use outside of Perlego. However, you can download books within the Perlego app for offline reading on mobile or tablet. Learn more here.
Perlego offers two plans: Essential and Complete
  • Essential is ideal for learners and professionals who enjoy exploring a wide range of subjects. Access the Essential Library with 800,000+ trusted titles and best-sellers across business, personal growth, and the humanities. Includes unlimited reading time and Standard Read Aloud voice.
  • Complete: Perfect for advanced learners and researchers needing full, unrestricted access. Unlock 1.4M+ books across hundreds of subjects, including academic and specialized titles. The Complete Plan also includes advanced features like Premium Read Aloud and Research Assistant.
Both plans are available with monthly, semester, or annual billing cycles.
We are an online textbook subscription service, where you can get access to an entire online library for less than the price of a single book per month. With over 1 million books across 1000+ topics, we’ve got you covered! Learn more here.
Look out for the read-aloud symbol on your next book to see if you can listen to it. The read-aloud tool reads text aloud for you, highlighting the text as it is being read. You can pause it, speed it up and slow it down. Learn more here.
Yes! You can use the Perlego app on both iOS or Android devices to read anytime, anywhere — even offline. Perfect for commutes or when you’re on the go.
Please note we cannot support devices running on iOS 13 and Android 7 or earlier. Learn more about using the app.
Yes, you can access The Institutional Veil in Public International Law by Catherine Brölmann in PDF and/or ePUB format, as well as other popular books in Droit & Droit international. We have over one million books available in our catalogue for you to explore.

Information

Publisher
Hart Publishing
Year
2007
Print ISBN
9781841136349
eBook ISBN
9781847313799
Edition
1
Topic
Droit
Subtopic
Droit international

Table of contents

  1. Acknowledgments
  2. Summary Contents
  3. Contents
  4. List of Abbreviations
  5. 1Introduction
  6. Part OneInternational Organisations asInternational Legal Actors
  7. 2The Nature of InternationalOrganisations
  8. 2.1 PRELIMINARY REMARKS
  9. 2.2 FORMAL ASPECTS
  10. 2.3 MATERIAL ASPECTS
  11. 3Conceptions of a New Legal Actor
  12. 3.1 THE STATE
  13. 3.2 THE RISE OF INTERNATIONAL ORGANISATIONS: THENINETEENTH CENTURY
  14. 3.3 THE LEAGUE OF NATIONS ERA
  15. 4The United Nations Era
  16. 4.1 INSTITUTIONS
  17. 4.2 LEGAL IMAGES
  18. Concluding Remarks to Part One
  19. Part TwoInternational Organisations andTreaty Practice
  20. 5International Organisations as aForum for Treaty-making
  21. 5.1 CENTRALISATION IN UNITED NATIONS PRACTICE
  22. 5.2 CENTRALISATION IN TECHNICAL ORGANISATIONS
  23. 6Constitutive Treaties of InternationalOrganisations
  24. 6.1 TREATY OR CONSTITUTION?
  25. 6.2 THE LAW OF TREATIES APPLIED TO CONSTITUTIVEINSTRUMENTS
  26. 7Treaty-Making by InternationalOrganisations
  27. 7.1 IGO TREATIES IN PRACTICE
  28. 7.2 IGO TREATIES IN DOCTRINE
  29. Concluding Remarks to Part Two
  30. Part ThreeInternational Organisations and theConventional Law of Treaties
  31. 8Towards a Codified Law of Treatiesfor International Organisations
  32. 8.1 PREPARATORY WORK BY THE INTERNATIONAL LAWCOMMISSION
  33. 8.2 RECEPTION OF THE ILC DRAFT AND THE 1968–1969 VIENNACONFERENCE
  34. 8.3 INTERNATIONAL ORGANISATIONS IN THE FIRST STAGE OFTHE CODIFICATION PROCESS
  35. 9The 1986 Vienna Convention:Preliminary Questions andProcedural Aspects
  36. 9.1 QUESTIONS OF METHODOLOGY
  37. 9.2 THE PROCEDURAL POSITION OF INTERNATIONALORGANISATIONS
  38. 9.3 DIPLOMATIC FORTUNE OF THE CONVENTION
  39. 9.4 CONCLUSION: THE STATUS OF ORGANISATIONS IN METHODAND PROCEDURE
  40. 10The 1986 Vienna Convention on theLaw of Treaties Between States andInternational Organizations orBetween International Organizations
  41. 10.1 ISSUES OF DOCTRINE
  42. 10.2 ISSUES OF PRACTICE
  43. 10.3 ISSUES OF PRINCIPLE
  44. Concluding Remarks to Part Three
  45. General Conclusions
  46. 11The Invisible Continent: ConcludingRemarks
  47. 11.1 PROPOSITIONS ON THE INSTITUTIONAL VEIL
  48. 11.2 THE INSTITUTIONAL VEIL IN THE CONVENTIONAL LAW OFTREATIES
  49. 11.3 THE INSTITUTIONAL VEIL AND INTERNATIONALRESPONSIBILITY
  50. 11.4 THE INSTITUTIONAL VEIL IN GENERAL INTERNATIONAL LAW
  51. 11.5 THE POSITIVIST PERSPECTIVE ON THE INSTITUTIONAL VEIL
  52. Annexes
  53. Annex I. TABLE OF COMPARISON: ARTICLES 1986 CONVENTIONAND ARTICLES 1969 CONVENTION
  54. Annex II. TABLE OF COMPARISON: ARTICLES 1986 CONVENTIONAND DRAFT ARTICLES 1982
  55. Annex III. ARTICLES OF THE 1969 CONVENTION MARKED AS‘PROBLEMATIC’ FOR THE PURPOSE OF THE 1986 VIENNACONFERENCE
  56. Annex IV. SOME PARALLEL PROVISIONS OF THE 1986 CONVENTIONAND THE 1969 CONVENTION
  57. Select Bibliography of Authors
  58. Index