Interactions Between Regional and Universal Organizations : A Legal Perspective.

Intro -- Interactions between Regional and Universal Organizations: A Legal Perspective -- Copyright -- Contents -- Foreword -- Preface -- List of Abbreviations -- List of Cases -- General Introduction -- 1: Universal and Regional Interactions: An Appraisal over Time -- A Universal Organizations: Relative Homogeneity -- B Regional Organizations: Heterogeneity at Stake -- I The Regional Institutional Phenomenon: Constituent Elements -- II The Regional Institutional Phenomenon: A Legal Understanding -- III Regional Organizations in Their Diversity -- C A Historical Perspective on Relationships between Universal and Regional Organizations -- I Regionalism as an Early Means of International Action: The Case of River Commissions -- II Regional Unions as Precursors to Universal and Regional Organizations -- III Regionalism as a Tool of Universal Institutions: The Case of International Public Health -- IV The League of Nations and Regionalism -- V Peace and Security in the Post-1945 Climate: The un and Regional Organizations -- D An Overview of Envisaged Relationships Post-1945 -- I Relationships of Independence and Compatibility -- II Relationships Involving Decision-Rule -- III Integrative Relationships -- E Concluding Remarks -- 2: Perspectives and Distinctions in a World of Growing Linkages between Universal and Regional Organizations -- A Relations of an Institutional Type -- I A Case of Institutional Legitimation: The Membership of Regional Development Banks -- II Granting of Observer Status -- III Participation of the European Community/European Union in Universal Organizations -- B Relations with an Operational Purpose -- I Institutional Partnerships between Universal and Regional Organizations -- II Partnerships among IFIS -- III Partnerships through the Lenses of International Responsibility.

C Relationships of Surveillance: The Relationship between the International Monetary Fund (IMF) and Regional Monetary and Economic Organizations -- D Relationships of Emulation between Universal Organizations and Regional Organizations: The World Bank and Regional Development Banks -- I Emulation for the Harmonization of Operational Policies -- II Institutional Emulation -- III Cooperation and Coordination in the Fight against Corruption -- IV The Development of a Common Law in the Field of Development Finance -- E Conclusion -- 3: Complementarity, Conflict Risks and Competition in International Trade -- A The Place of Regionalism in the Multilateral Trading System: The Condition of Complementarity -- I Article XXIV and the Deepening of Trade Liberalization through Closer Integration -- II Diplomatic Calls for Ordering Complementarity -- B Potential for Conflict between the WTO and Organizations Created by RTAS in the Field of Dispute Resolution? -- I Conflict Risks -- II Other Scenarios -- III Regulatory Trends: Avoiding Parallel and Potentially Conflicting Proceedings -- IV On Comity -- C The Proliferation of Regional Agreements as a Source of Competition with the WTO -- I An Exception Becoming the Norm? -- II The Case of Mega-regional Trade Agreements -- D Concluding Remarks -- 4: Primus Inter Pares? Challenges to UN/Regional Organizations' Cooperation in Peace and Security -- A Chapter VIII of the UN Charter and Its Reference to Regional Institutional Arrangements -- I Qualification as a Regional Organization for the Purposes of Chapter VIII of the Charter -- II Competence to Determine Whether an Arrangement/Agency is a Regional Organization: A Point of Tension between the United Nations and Regional Organizations -- III Conclusion: Ad hoc Use of Regional Organizations under Chapter VIII.

B The Composite Nature of the Maintenance of International Peace and Security -- I The Peaceful Settlement of Disputes-Article 52 of the Charter -- II Article 53 of the Charter: Oscillations between Subordination and Autonomy of Regional Organizations -- III Evolving Relations between the UN and Regional Organizations: Characteristics and Consequences -- IV Institutional Responses to ad hoc Practice -- C Concluding Remarks -- 5: Between Coercive Measures and Human Rights: Accountability in Motion among Regional and Universal Organizations -- A From Subordination to Autonomy, via Deference -- I A Relationship of Subordination: The Decision Rendered in the Kadi Case by the Court of First Instance of the European Communities -- II Oscillation of the European Court of Human Rights between Deference and Subordination -- III Autonomy and a Constitutional Approach in the Context of Relations between the un and Regional Organizations: The Conclusions of the Advocate General in the Kadi Case -- IV The Decision of the ecj in the Kadi Case: Autonomy Blended with Pragmatism -- B Institutional and Judicial Dialogue -- I The Relationships between Universal and Regional Institutional Frameworks through the Prism of the ILC's Project on the Responsibility of International Organizations -- II From 'Avoidance' to 'Engagement': The Political and Judicial Dialogue between the un and Regional Institutions on the Implementation of Sanctions -- III The Reaction of the Security Council: Creation of the Office of the Ombudsperson -- IV Responses to the Creation of the Office of the Ombudsperson and the Common Front of European Courts on the Standard of Judicial Review -- C Concluding Remarks: Does the Dialogue Bear Fruit? The Evolution of the UN Sanctions Regime -- General Conclusion.

A A Nexus of Relationships: From Regionalism to Universalism, Back and Forth and All Together -- B A Role for Subsidiarity? -- C Issues of Responsibility: A Need for Clarification -- D Accountability in Motion -- E Regional and Universal Organizations as Conduits of Identity in the International Legal Order -- Bibliography -- Index.

Cooperation through international organizations is fundamental to the international legal order. International organizations are nowadays ubiquitous and come in many different manifestations, each allowing for different levels of international cooperation. The profile of regional and universal organizations may vary greatly from one organization to another. At the same time, they do not live apart and this has led to the creation of a complex network of relationships. These relationships have seldom been the object of scholarship, and this book seeks to address that gap. In general, the relationships between international organizations can give rise to such issues as the conditions placed upon one organization by another, demarcations of competence, membership of other organizations, and various forms of collaboration involving the conclusion of agreements between organizations. Optimal coexistence, cooperation and coherence all play a role in optimizing the relations between international organizations. The volume concludes by analysing current challenges, including those of legal identity, responsibility and accountability, as well as making proposals for reform, such as through the development of a common law between organizations.

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Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2024. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.