The dual legality of the rules of International organizations
| Autor: | Lorenzo Gasbarri |
|---|---|
| Jazyk: | angličtina |
| Rok vydání: | 2017 |
| Předmět: |
0211 other engineering and technologies
02 engineering and technology Commission Principle of legality Public international law LEGAL THEORY Political science Analytical jurisprudence Ultra vires LEGAL PLURALISM 0505 law 050502 law 021110 strategic defence & security studies Legal pluralism MEMBER STATES RESPONSIBILITY 05 social sciences INVALIDITY FOR ULTRA VIRES ACTS ECONOMICS AND ECONOMETRICS International law RULES OF INTERNATIONAL ORGANIZATIONS LAW OF TREATIES POLITICAL SCIENCE AND INTERNATIONAL RELATIONS Scholarship INVALIDITY FOR ULTRA VIRES ACTS LAW OF TREATIES LEGAL PLURALISM LEGAL THEORY MEMBER STATES RESPONSIBILITY RULES OF INTERNATIONAL ORGANIZATIONS SOCIOLOGY AND POLITICAL SCIENCE ECONOMICS AND ECONOMETRICS POLITICAL SCIENCE AND INTERNATIONAL RELATIONS LAW Law SOCIOLOGY AND POLITICAL SCIENCE LAW |
| Popis: | This paper examines the legal nature of the ‘rules of international organizations’ as defined by the International Law Commission in its works on the law of treaties and on international responsibility. Part 1 introduces the debate with an example concerning the nature of un Security Council anti-terrorism resolutions. Part 2 challenges the four theories of the rules envisaged by scholarship. Part 3 is an attempt to examine the characteristics of the legal system produced by international organizations taking advantage of analytical jurisprudence, developing a theory of their legal nature defined as ‘dual legality’. Part 4 concludes by appraising the effects of the dual legality looking at the law of treaties, international responsibility and invalidity for ultra vires acts. |
| Databáze: | OpenAIRE |
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