International law is fragmented and complex, and at the same time increasingly capable of shaping reality in areas as diverse as human rights, trade and investment, and environmental law. The increased influences of international law and its growing institutionalization and judicialization invites reconsideration of the question on how the authority to make and interpret international law should be allocated among states, international organizations, and tribunals. In other words, 'who should decide what' in a system that formally lacks a central authority? This is not only a juridical question, but one that lies at the very heart of the political legitimacy of international law as a system of governance, defining the relationship between those who create the law and those who are governed by it in a globalizing world. In this book, leading international legal scholars address a broad range of theoretical and practical aspects of the question of allocation of authority in international law The book debates the feasibility of three alternative paradigms for international organization — sovereignty, supremacy, and subsidiarity. The various contributions transcend technical solutions to what is in essence a problem of international constitutional dimensions. They deal, inter alia, with the structure of the international legal system and the tenacity of sovereignty as one of its foundations, assess the role of supremacy in inter-judicial relations, and draw lessons from the experience of the European Union in applying the principle of subsidiarity.
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Editorial Reviews
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The 15 contributors offer theoretical, analytical and practical responses to the attempt by international law-makers and institutions to exert their authority vis-a-vis states, while addressing, at the same time, challenges to their legitimacy from other state norms...The editors have done a fine job of amassing a wide repertoire of scholars, from a wide repertoire of backgrounds, to discuss a wide repertoire of topics...of huge significance to the informed reader.Lee P. RuddinThe Law & Politics Book ReviewVol.18, No.12, 29th December 2008This book represents a thought-provoking attempt to examine the tensions between the traditional concept of sovereignty and the modern allocation of decision-making authority to international organisations, courts and other international actors This work needs to be recommended to whoever is interested in the development of the legal mechanisms behind international authority and decision-making in the 21st century.Freya BaetensThe Cambridge Law JournalMarch 2009The variety of authors and topics in The Shifting Allocation of Authority in International Law works to show, on the one hand, a very broad general approach to the issue of power allocation in the international community today and, on the other hand, a more detailed and in-depth analysis of specific issues. The mix of theoretical analyses and practical solution-offerings might be disconcerting to some but their complementarity definitely deepens the value of the study.Myriam Alvarez-PeveyreInternational & Comparative Law QuarterlyVolume 58 April 2009Le lecteur trouvera dans ce livre de tres riches pistes de reflexion relatives au concept d'autorite en droit international. L.D.Annuaire Francais de Droit InternationalOctober 2009
About the Author
Tomer Broude is a lecturer in the Faculty of Law and Department of International Relations at the Hebrew University of Jerusalem.Yuval Shany is the Hersch Lauterpacht Chair in International Law and the academic director of the Minerva Center for Human Rights, both at the Hebrew University of Jerusalem.
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Front Cover | Front Flap | Table of Contents | First Pages | Index | Back Flap | Back Cover | Surprise Me!
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state sovereignty, genocide case, advisory opinion, partial award, dispute settlement body, investment tribunals, norm fragmentation, fragmented norms, international investment law, transnational courts, banana regulation, internal public order, reserve jurisdiction, transnational tribunals, fundamental rights protection, implementing international law, authority fragmentation, authority integration, norm integration, insider network, legal plurality, inconsistent obligations, international legality, other international courts, dubio mitius Key Phrases - Capitalized Phrases (CAPs): (learn more)
Member States, Oxford University Press, Security Council, New York, United Nations, European Union, Cambridge University Press, United States, Non-territorial Sovereigns, Territorial Administration, Appellate Body, European Convention, Common Market Law Review, Secretary General, European Community, Association Agreement, Supreme Court, Vienna Convention, Bosphorus Revisited, Princeton University Press, Economic Interdependence, The Hague, Michael Reisman, High Representative, General Assembly Browse Sample Pages:
Front Cover | Front Flap | Table of Contents | First Pages | Index | Back Flap | Back Cover | Surprise Me!
state sovereignty, genocide case, advisory opinion, partial award, dispute settlement body, investment tribunals, norm fragmentation, fragmented norms, international investment law, transnational courts, banana regulation, internal public order, reserve jurisdiction, transnational tribunals, fundamental rights protection, implementing international law, authority fragmentation, authority integration, norm integration, insider network, legal plurality, inconsistent obligations, international legality, other international courts, dubio mitius Key Phrases - Capitalized Phrases (CAPs): (learn more)
Member States, Oxford University Press, Security Council, New York, United Nations, European Union, Cambridge University Press, United States, Non-territorial Sovereigns, Territorial Administration, Appellate Body, European Convention, Common Market Law Review, Secretary General, European Community, Association Agreement, Supreme Court, Vienna Convention, Bosphorus Revisited, Princeton University Press, Economic Interdependence, The Hague, Michael Reisman, High Representative, General Assembly Browse Sample Pages:
Front Cover | Front Flap | Table of Contents | First Pages | Index | Back Flap | Back Cover | Surprise Me!
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