Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

Lawmaking by International Administrations

Lawmaking by International Administrations I. Introduction The exercise of lawmaking powers by international organizations is mostly dis- cussed in the context of the secondary law of the EU and Chapter VII resolutions of the Security Council.' In this context, it is frequently overlooked that the exer- cise of regulatory authority by international entities has an established tradition in one field of international practice, namely international territorial administration.2 .2 International actors have exercised state-like functions over territories not only in the recent cases of Bosnia and Herzegovina, Kosovo, East Timor and Iraq, but also in the earlier experiments in the Saar, Namibia, Cambodia and Somalia. This type of engagement raises fundamental authority questions. What autho- rizes international actors to exercise public authority on behalf or instead of domes- tic authorities? On which normative basis may international administrations enact legislation? Where are the limits of regulatory authority? International practice has not yet provided satisfactory answers to these ques- tions. Lawmaking has been largely handled in an ad hoc fashion by international administrations. It has sometimes led to severe transformations of the legal and political system of territories under international administration, through a definition of the law applicable in the territory (East Timor), a re-organization http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of International Peacekeeping Brill

Lawmaking by International Administrations

Journal of International Peacekeeping , Volume 11 (1): 29 – Jan 1, 2007
Download PDF
29 pages

Loading next page...
 
/lp/brill/lawmaking-by-international-administrations-4OTSht8na5

References

References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.

Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1875-4104
eISSN
1875-4112
DOI
10.1163/187541107X00060
Publisher site
See Article on Publisher Site

Abstract

I. Introduction The exercise of lawmaking powers by international organizations is mostly dis- cussed in the context of the secondary law of the EU and Chapter VII resolutions of the Security Council.' In this context, it is frequently overlooked that the exer- cise of regulatory authority by international entities has an established tradition in one field of international practice, namely international territorial administration.2 .2 International actors have exercised state-like functions over territories not only in the recent cases of Bosnia and Herzegovina, Kosovo, East Timor and Iraq, but also in the earlier experiments in the Saar, Namibia, Cambodia and Somalia. This type of engagement raises fundamental authority questions. What autho- rizes international actors to exercise public authority on behalf or instead of domes- tic authorities? On which normative basis may international administrations enact legislation? Where are the limits of regulatory authority? International practice has not yet provided satisfactory answers to these ques- tions. Lawmaking has been largely handled in an ad hoc fashion by international administrations. It has sometimes led to severe transformations of the legal and political system of territories under international administration, through a definition of the law applicable in the territory (East Timor), a re-organization

Journal

Journal of International Peacekeeping – Brill

Published: Jan 1, 2007

There are no references for this article.