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The Analogy between States and International Organizations

Part of Cambridge Studies in International and Comparative Law

  • Date Published: November 2018
  • availability: In stock
  • format: Hardback
  • isbn: 9781107155558


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About the Authors
  • The book investigates how an analogy between States and international organizations has influenced and supported the development of the law that applies to intergovernmental institutions on the international plane. That is best illustrated by the work of the International Law Commission on the treaties and responsibility of international organizations, where the Commission for the most part extended to organizations rules that had been originally devised for States. Revisiting those codification projects while also looking into other areas, the book reflects on how techniques of legal reasoning can be - and have been - used by international institutions and the legal profession to tackle situations of uncertainty, and discusses the elusive position that international organizations occupy in the international legal system. By cutting across some foundational topics of the discipline, the book makes a substantive contribution to the literature on subjects and sources of international law.

    • Proposes and explores a new approach to how general international law applies to international organizations appealing to those interested in the intersection between international law and legal theory
    • Discusses the position of international organizations under international law, and looks into what international organizations are legally speaking and how they compare to States when acting on the international plane
    • Revisits the work of the International Law Commission on treaties and responsibility of international organizations and explores the history of the development of the law of international organizations
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    Reviews & endorsements

    'In this book, Dr Fernando Lusa Bordin explores an elusive but fundamental problem: How does general international law apply to international organizations? That leads him to ask, in depth and with great subtlety, the questions what international organizations are from the point of view of international law and how they fit within the international legal system. By analysing the extent to which States and international organizations can be analogised, and how that analogy has served - and can serve - as a basis to extend rules from one category to the other, Dr Bordin provides a theoretically sophisticated and doctrinally informed contribution to our thinking about the sources and subjects of international law.' James Crawford, Judge, International Court of Justice and Emeritus Whewell Professor of International Law, University of Cambridge

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    Product details

    • Date Published: November 2018
    • format: Hardback
    • isbn: 9781107155558
    • length: 296 pages
    • dimensions: 234 x 156 x 20 mm
    • weight: 0.55kg
    • availability: In stock
  • Table of Contents

    Table of cases
    Select table of key documents
    List of abbreviations
    Part I. The Case for an Analogy:
    1. Analogy in international legal reasoning
    2. The foundations of the analogy between states and international organizations
    Part II. Objections to the Analogy:
    3. Structural differences between states and international organizations
    4. International organizations as 'special subjects'
    5. International organizations as 'layered subjects'
    Part III. Limits of the Analogy:
    6. Analogy in the relations between organizations and members
    7. Normative contestation of the analogy

  • Author

    Fernando Lusa Bordin, University of Cambridge
    Fernando Lusa Bordin is a Thornely Fellow and Lecturer in Law at Sidney Sussex College and an Affiliated Lecturer at the University of Cambridge. His research focuses on topics of public international law, including law-making, international organizations and the intersection between international law and legal theory. He holds an LL.B. from the Federal University of Rio Grande do Sul (Brazil), an LL.M. from New York University, and a Ph.D. from the University of Cambridge. He is a recipient of the Yorke Prize (University of Cambridge), Young Scholar Prize (International and Comparative Law Quarterly) and the Diploma of Public International Law (Hague Academy of International Law).

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