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Kompetenzlehre Internationaler Organisationen (Theory of the Powers of International Organizations)

Kompetenzlehre Internationaler Organisationen (Theory of the Powers of International Organizations) I NTERNATIONAL O RGANIZATIONS L AW R EVIEW brill.nl/iolr © Koninklijke Brill NV, Leiden, 2011 DOI: 10.1163/157237411X584039 B ook r EviEw Norman Weiß, Kompetenzlehre Internationaler Organisationen (Theory of the Powers of International Organizations) (Springer, 2009) 540 + xviii pp., ISBN: 978-3-642-03377-3. Competence is a defining feature of international organizations in much the same way as sovereignty (still) is a defining feature the state, albeit for different reasons. Both concepts, competence and sovereignty, may be understood as a set of legal capacities. States are the original subjects of the international legal system and as such enjoy a comprehensive range of capacities under international law, which collectively constitute their sov- ereignty. 1 By contrast, since international organizations are created by states for certain specified purposes, their competences depend on the will of their founders and are limited to those capacities which the latter have conferred upon them either expressly or by implication. 2 Accordingly, whereas states enjoy legal capacities because they exist, international organizations exist because they enjoy certain legal capacities. To put the same point differently, sovereignty is a necessary attribute or consequence of the state’s existence, whilst the conferral of competence is an integral aspect of the creation http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Organizations Law Review Brill

Kompetenzlehre Internationaler Organisationen (Theory of the Powers of International Organizations)

International Organizations Law Review , Volume 8 (1): 279 – Jan 1, 2011

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Publisher
Brill
Copyright
© 2011 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1572-3739
eISSN
1572-3747
DOI
10.1163/157237411X584039
Publisher site
See Article on Publisher Site

Abstract

I NTERNATIONAL O RGANIZATIONS L AW R EVIEW brill.nl/iolr © Koninklijke Brill NV, Leiden, 2011 DOI: 10.1163/157237411X584039 B ook r EviEw Norman Weiß, Kompetenzlehre Internationaler Organisationen (Theory of the Powers of International Organizations) (Springer, 2009) 540 + xviii pp., ISBN: 978-3-642-03377-3. Competence is a defining feature of international organizations in much the same way as sovereignty (still) is a defining feature the state, albeit for different reasons. Both concepts, competence and sovereignty, may be understood as a set of legal capacities. States are the original subjects of the international legal system and as such enjoy a comprehensive range of capacities under international law, which collectively constitute their sov- ereignty. 1 By contrast, since international organizations are created by states for certain specified purposes, their competences depend on the will of their founders and are limited to those capacities which the latter have conferred upon them either expressly or by implication. 2 Accordingly, whereas states enjoy legal capacities because they exist, international organizations exist because they enjoy certain legal capacities. To put the same point differently, sovereignty is a necessary attribute or consequence of the state’s existence, whilst the conferral of competence is an integral aspect of the creation

Journal

International Organizations Law ReviewBrill

Published: Jan 1, 2011

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