This chapter first addresses the standard definition of international organizations and the theory of functionalism. Then, it examines why the status of international organization may be deemed attractive. Functionalism appears highly plausible when it suggests why international organizations are set up since, obviously, a single state will be unable to guarantee the accurate delivery of mail abroad or provide for collective security. The chapter also focuses on the European Union, which can be regarded as possessing international legal personality. The European (...) Communities were all individually granted legal personality, and this was construed as including personality under international law. Functionalism finds its normative justification in the contribution of organizations to the common good, and the Court of Justice of the European Union's (CJEU), in similar spirit, has placed considerable weight on the public nature of the tasks of an international organization, both in SAT Fluggesellschaft and in Vardakas. (shrink)

This book addresses conflicts involving how law relates normative orders. The assumption behind the book is that law no longer automatically claims supremacy, but that actors can pick and choose which code to follow.

This paper aims to explore whether there are any legal limits to the use of force, in particular when force is used for political reasons. How plausible is it to expect people to limit their options when they feel that what they’re doing paves the way towards paradise? In this light, much of the law of armed conflict would seem to be inadequate, based as much of it is on the premise that force is non-political. To the extent then that (...) limits are conceivable, these may stem from the individual morality of those engaged in battle rather than from any grand legal designs. (shrink)

The sovereignty of states to enact and enforce laws within their jurisdictions has been recognized since the Treaty of Westphalia in 1648. There are now, however, accepted global legal norms that transcend national sovereignty and hold states accountable for not including their domestic legal regimes. This volume is the first book-length treatment to describe and explain how legal orders can be interwoven, and what to do about it. Coining the term 'inter-legality', this volume provides essays on the history, primary areas (...) of inter-legality, the concept of jurisdiction, and normative developments prompted by inter-legality. Bringing together a wide range of contributors who stem from a variety of different academic backgrounds, this book aims to answer three questions: does inter-legality occur with some regularity? How does it affect traditional legal concepts such as 'jurisdiction' or 'legal order' or 'responsibility'? And what are the normative implications? (shrink)

Since rules - legal, ethical or otherwise - cannot determine their own application, they require persons of flesh and blood to interpret and apply them in concrete cases. Presidents and prime ministers, judges, prosecutors, mediators, leaders of international organizations, and even religious leaders and public intellectuals make decisions on how best to understand rules and how best to apply them. It stands to reason that their character traits influence the sort of decisions they take. This book provides the first systematic (...) framework for discussing global governance in terms of the virtues, and illustrates it with a number of detailed examples of concrete decision-making in specific situations. Virtue in Global Governance combines insights from law, ethics, and global governance studies in developing a unique approach to global governance and international law. (shrink)