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Oxford Public International Law
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Air law and law of outer space
Diplomacy and consular relations
History of international law
Human rights
Immunities
Individuals and non-state actors
International co-operation
International criminal law
International economic law
International environmental law
International humanitarian law
International law and international relations
International organizations
International procedural law
International responsibility
Law of the sea
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Oxford Law Citator
Contents
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Preliminary Material
Preface
Creation and Proliferation
Effectiveness and Adaptability
Institutional Design
Governance
Structure of the Book
Contents
List of Figures
List of Tables
Table of Cases
International Courts, Tribunals and Quasi-Judicial Bodies
Administrative Tribunal of the International Labour Organization (ILOAT)
African Commission on Human and Peoples’ Rights (ACHPR)
Arbitration Awards
Court of Justice of the European Union (ECJ)
European Court of Human Rights (ECtHR)
Extraordinary Chambers in the Courts of Cambodia (ECCC)
Inter-American Commission on Human Rights (IACHR)
Inter-American Court of Human Rights (IACtHR)
International Court of Justice (ICJ) and Permanent Court of International Justice (PCIJ)
International Criminal Court (ICC)
International Criminal Tribunal for Rwanda (ICTR)
International Criminal Tribunal for the former Yugoslavia (ICTY)
Special Court for Sierra Leone (SCSL)
Special Tribunal for Lebanon (STL)
UN Administrative Tribunal
UN Appeals Tribunal
UN Committee against Torture
UN Dispute Tribunal (UNDT)
UN Human Rights Advisory Panel
UN Human Rights Committee
WTO and GATT Disputes
National Courts
Austria
Belgium
Canada
France
Germany
Israel
Italy
Kenya
Netherlands
Switzerland
United Kingdom
United States
Table of Instruments
Agreements
Conventions and Treaties
Statements and Declarations
United Nations Resolutions
Economic and Social Council
General Assembly
Human Rights Council
Security Council
WTO Legal Texts
National and Regional Legislation
Austria
Europe
United Kingdom
United States of America
List of Abbreviations
List of Contributors
Main Text
Part I Introduction
Ch.1 International Organizations in World Politics
The Demand for IOs: What Drives IO Formation?
Designing IOs: Once IOs Are the Solution—How Are They Built?
Rational Design
Delegation
Constructivist Approaches
Regionalism
Redesign
Deciding which IOs to Join or Act Through
Traditional Theories
Domestic Politics
Forum-Shopping
Operating IOs
Bureaucratic Politics
Intergovernmentalism
NGOs
Outcomes
Effects on Domestic Politics
Effects on International Security and Trade
Side-Effects: Unintended Consequences
Conclusion
Ch.2 International Organizations and International Law
The Effectiveness of International Organizations
Law as a Constitutor: Constitutionalism 1.0
Law as an Enabler: Functionalism, and Constitutionalism Continued
Effectiveness Problems and Reform Debates
New Public Management, Public–Private Partnerships, and Privatization
The Accountability of International Organizations: Law as a Constrainer
Legitimacy Crisis and Lack of Accountability
Constitutionalism 2.0 and Global Administrative Law
Accountability to Whom?
Against which Standards?
Through which Procedures?
The Procedural Triad
Access to Information/Transparency
Participation
Access to Justice
Restriction of Organizational Immunities
Democratic Lawmaking by International Organizations?
Parliamentary Assemblies in International Organizations
Liaising with National Parliaments
Conclusions: Effectiveness and Accountability in Tune
Ch.3 The Law and Politics of International Organizations
Theory
Realism
Functionalism
Constructivism
Liberalism
Conceptual Issues
Autonomy
Accountability
Legitimacy
Policy Dilemmas
The Political Implications of Fragmentation
Mismanaging—and Misunderstanding— Regime Interaction
Institutional Gridlock
Conclusion
Part II History
Ch.4 International Organizations, 1865–1945
The Crucial Decade of the 1860s and Its Consequences
Internationalism: People, Ideologies, Platforms, and the Ambivalences of Eurocentrism
“Thoroughgoing Internationalism”: New Actors and New Interactions under the Umbrella of the League of Nations
Fascist Internationalism and International Organizations during World War II
Conclusions
Ch.5 International Organizations, 1945–Present
Mainstream History of IOs
The Cold War Phase: 1945–89
The Post-Cold War Phase
Decline of Liberal Internationalism?
Critical Histories
Third-World Approach to IO History
Marxist History of IOs
Feminist History of IOs
Emerging Themes
Part III Forms of Organization
Ch.6 Formal Intergovernmental Organizations
Why Create an International Organization?
Legal Personality
The Traditional Elements
Powers?
Conclusion
Ch.7 Supranational Organizations
Ch.8 Private Transnational Governance
The Privatization of Transnational Governance and Its Limits
Enlisting International Private Sector Rulemaking Organizations
The Risks and Limits of Privatization of Regulatory Governance
Endogenous Growth of Private Governance
The Growth of Private International Courts
The Risks and Limits of Private International Justice
Conclusion
Part IV Activities of Organizations
Ch.9 Peace Operations
Definitions
Evolving Mandates
Interpositional Peacekeeping
Multidimensional Peace Operations
Success, Failure, and the Brahimi Report
Civilian Protection, Peace Enforcement, and R2P
Mission Composition
Efficacy
Conclusion
Ch.10 Counterterrorism and Transnational Crime
The Emergence of Transgovernmental Policing Networks
Counter-Narcotics: Hegemonic Criminal Law
Financial Crime: Hegemonic Criminal Law Goes Multi-Sectoral
Counterterrorism: Transgovernmental Networks Built on Hegemonic Foundations
Transnational Organized Crime: A Patchwork of Solutions
Resource Trafficking: A Multi-Sectoral Approach
Counter-Piracy: Mixing Transgovernmentalism and Multilateralism
Conclusion
Ch.11 Non-Proliferation and Disarmament
The Long and Winding Road to the NPT
The Genesis: The Ten Nation Committee on Disarmament
The Revival: The Eighteen Nation Committee on Disarmament
The Home Stretch: The NPT
The UNSC and the Non-Proliferation Regime
Informal Arrangements
Three Challenges
Three Responses
Conclusion
Ch.12 Human Rights
Organizations and Activities Prior to the United Nations
Congresses and Conferences of States
International Labour Organization
The League of Nations
Human Rights in the UN Charter and Charter Bodies
Human Rights Standard-Setting
Monitoring and Enforcement
United Nations Charter-Based Procedures
Other Global Organizations
Regional Organizations
The Americas
Europe
Africa
Evolution of the Regional Organizations
Conclusion
Ch.13 Criminal Justice
The Role of International Organizations in the Creation of International and Hybrid Criminal Tribunals
Structural and Substantive Law Comparison of the Tribunals
Conclusion
Ch.14 Humanitarian Action
Some Definitions
Three Historical Periods
Who Comes to the Rescue?
International NGOs
ICRC
UN System
Bilateral Aid Agencies
Outside Military Forces
For-Profit Firms
The Media
Local Actors in the Marketplace
Conclusion: Coordination, a Fool’s Errand?
Ch.15 Refugees and Internally Displaced Persons
Refugees and IDPs: Similarities and Differences
Refugees: The UNHCR and the Evolution of the Refugee Regime
The UNHCR’s Normative Agenda
Political and Financial Constraints on the UNHCR
IDPs: The Evolution of an International Institutional Framework
Key Policy Challenges: Failure of Durable Solutions and the Rise of Protracted Displacement
Key Policy Challenges: The UNHCR’s Dependence on Funding and Cooperation from States
Key Policy Challenges: The Refugee Regime Complex
Key Policy Challenges: Changing Trends in Forced Migration
IDPs: Current Challenges and Emerging Issues
Toward a More Effective Response to Refugees and IDPs
Ch.16 Trade
Functions of International Law of Trade and Functions of International Organizations for Trade
Tariff Concessions
State Contingent Control of Nontariff Barriers
Harmonization and Recognition
State Contingent Control of Administered Protectionism
Prisoner’s Dilemma of Trade Liberalization
Structure of the WTO
Membership and Accession
Decision-Making Structure of the WTO
Secretariat and Director-General
The Structure of Rounds
Plurilaterals and Variable Architecture
Trade Policy Review
Dispute Settlement
Trade and Other Areas of International Law
Free Trade Areas and Customs Unions
Conclusion: Relating Structure to Function
Ch.17 International Finance
Political Fragmentation: Who Does What in Global Financial Governance
Information Gathering
Monitoring
Rulemaking
Financial Stability as a Shared Responsibility
Where Does Interinstitutional Conflict Come From?
Conclusions
Ch.18 Economic Relations and Integration
The Design and Development of Regional Economic Integration
Conceptualizing Institutional Design
Mapping Institutional Development and Variation
Economic Theory
Intergovernmentalism and Rationalist Institutionalism
Supranationalism and Historical Institutionalism
Constructivism and Sociological Institutionalism
Conclusion
Ch.19 Development
The UN and Bretton Woods
The UN
The International Financial Institutions
Nontraditional Actors
Transitions
Conclusion
Ch.20 Environment
United Nations System
High-Level Conferences and Agenda Setting
UN Environment Programme
UN Economic Commission for Europe
UN Specialized Agencies and Related Organizations
International Maritime Organization
World Bank and Regional Development Banks
World Trade Organization
Non-UN Organizations
Organisation for Economic Co-operation and Development
Arctic Council
Cooperative Programs of Existing Organizations
Intergovernmental Panel on Climate Change
Global Environment Facility
Freestanding Multilateral Environmental Regimes
Bilateral and Regional Agreements
Bilateral Investment Treaties and NAFTA Chapter 11
North American Commission for Environmental Cooperation
International Environmental Institutional and Regulatory Toolbox
Conclusion
Ch.21 Health
International Organizations and Global Health Governance
Global Health Governance
A Broader Agenda
A Changing Institutional Landscape
The World Health Organization
Normative Functions
General Considerations
The World Health Organization
Conventions
Regulations
Recommendations and Other Non-Binding Standards
Other International and Regional Organizations and Bodies
The World Trade Organization
The UN Human Rights Council and Human Rights Treaty Bodies
The Council of Europe
International Networks
International NGOs
Technical Collaboration
Financing
Coordination and Coherence
Humanitarian Emergencies
Health and Development Cooperation
Conclusion
Ch.22 Labor
Difficult Terrain: Five Dimensions of “Labor” as a Subject Matter for International Organizations
Contestability
A Moving Target
Globalization
Race to the Bottom
Acting by Default
The ILO
The Labor Debate in Other Interstate Organizations— The World Trade Organization
The Market in Labor Rights
Conclusion
Ch.23 Religion
The ‘Resurgence’ of Religion
Religious International Organizations
International Organizations and Religion
Religion at the UN
International Organizations Outside the UN
Conclusion
Ch.24 Democracy Promotion
Approaches to Democracy Promotion
Normative Roots
Agenda for Democratization
A Right to Political Participation
Charters of Regional Organizations
UN General Assembly Resolutions
Democracy Forums and the 2005 World Summit
Secretary-General’s Guidance Note on Democracy
Operational Activities
Electoral Assistance: Organizing and Monitoring Elections
Electoral Assistance: Technical Assistance
Development and Good Governance
Conflict Prevention and Peacebuilding
“Enforcement” of Democratic Norms
Impact of Operational Activities on International Law
Conclusion
Ch.25 Communications and the Internet
Global Liberalization of Telecommunications Services
Four Types of International Organizations
Technical Organizations
Private Sector Operator Forums and Associations
Governments and IGOs
Multi-stakeholder Entities
The Institutionalization of Internet Governance
Phase 1: The Creation of ICANN
Phase 2: The World Summit on the Information Society (WSIS)
Phase 3: The WCIT and the Rise of Cybersecurity Nationalism
Conclusion
Part V The Functions of International Organizations
Ch.26 Lawmaking
Organizations as Lawmakers
Legal Personality
Separate Will
Governance
The Inadequacies of Traditional Sources of International Law
Lawmaking by Organizations
Forms of Law
Executive Lawmaking
Plenary Lawmaking
A Source of International Law?
Conclusion
Ch.27 Monitoring Processes
A Survey of Monitoring Provisions in International Agreements
Explaining the Design of Monitoring Provisions
Conclusion
Ch.28 Sanctions
How United Nations Sanctions Work
The Legal Basis for UN Sanctions
The Scope of UN Sanctions
Sanctions Types
Sanctions Targets
Sanctions Objectives
The Administration and Monitoring of UN Sanctions
Sanctions Committees
Sanctions Expert Monitoring Bodies
The Sanctions Focal Point and the UN Ombudsperson for al-Qaeda Sanctions
How EU Sanctions Work
The Legal Basis for EU Sanctions
The Scope and Objectives of EU Sanctions
Objectives
The Administration of EU Sanctions
The Contest between Politics and the Rule of Law in International Organization Sanctions
The Rule of Law Problem Confronting UN Sanctions
The Political Problem Confronting EU Sanctions
Conclusion
Ch.29 Use of Force
The League as an Organization against War
The United Nations Organization as a System of Collective Security
Universal Reach
Monopoly of Violence: The Prohibition of the Use of Force
Dispute Settlement
Enforcement
Hierarchies within the Organizations in Relation to the Use of Force
Regional Organizations and Arrangements
Conclusion
Ch.30 Dispute Settlement
What Is an “International Dispute”?
Dispute Settlement Not Based on Application of Legal Principles
The Early Days
The United Nations
Other Regional Organizations
Inquiry, Fact-Finding
Dispute Settlement Based on Application of Legal Principles
International Arbitration
International Courts
Regional Courts
The World Trade Organization and Law of the Sea Dispute Settlement Regimes
Dispute Settlement in Other International Organizations
Internal Administrative Tribunals
Resolving Legal Disputes between States and Private Parties
Resolving Legal Disputes between Private Parties
Conclusion
Ch.31 Information Gathering, Analysis, and Dissemination
Mandates as a Way of Understanding the Type and Content of Information Managed by International Organizations
Information Gathering, Analysis, and Dissemination
Gathering of Information
Information Analysis
Dissemination
Assessing the Performance of International Institutions in Producing, Using, and Disseminating Information
Legitimacy
Economic Efficiency
Effectiveness
Transparency and Participation
Relevance and Adaptability
Relevance
Adaptability
The Way Ahead: Some Opportunities and Challenges for IOs Related to Information
Part VI Relationships of International Organizations with Other Actors
Ch.32 Relations with Other International Organizations
Elements of the Relationships between International Organizations
From the League of Nations to the UN System
Cooperative Arrangements for the Sake of Effectiveness
Other Types of Relationships
Public–Private Partnerships as a Means of Diversifying Relationships
Participation of the European Union in International Organizations: Need for Adaptation from Other International Organizations
Relationships with Other International Organizations and Responsibility Issues
Development Assistance
Peace and Security
Concluding Remarks: From an Interstate Model to an Inter-International Organizations Model
Ch.33 Relations with Civil Society
What Is Civil Society?
Civil Society Involvement in Global Governance
Direct Participation
Indirect Involvement
Resistance
Theories of Civil Society and Global Governance
Impacts of Civil Society on Global Governance
Civil Society and Legitimacy in Global Governance
Conclusion
Ch.34 Relations with the Private Sector
Contextual Factors Shaping UN–Private Sector Relations
The First Six Decades of the UN–Private Sector Relationships (1945–2000)
A New Beginning on the UN–Private Sector Relationships (2000–Present)
Institutional Developments
Economic Developments
Political Developments
Outlook for the Future
Part VII Structure and Operations
Ch.35 General Assemblies and Assemblies of States Parties
Historical Roots
The League of Nations
The UN General Assembly
How the General Assembly Functions
Politics and Decision-Making in the General Assembly
Assessing the UNGA’s Role and the Potential for Reform
The UN Specialized Agencies and Other UN Bodies
World Health Assembly
UNESCO and IAEA General Conferences
Regional Organizations: Limited Application
Assemblies of States Parties to Treaties
Conclusion
Ch.36 Parliaments
Parliamentary Bodies in International Organizations
Direct Elections and Full-Time Parliamentarians
Legislative Empowerment
Formal Institutional Legislative Powers
Political Groups
Committees
Budgetary Empowerment
Selection and Control of the Executive
Conclusion
Ch.37 Executive Boards and Councils
Nature and Types of Boards
Governance Models
Types and Composition of Boards
Subsidiary Organs and International Agencies
Decision-Making by Executive Boards
The Source of the Competences
The Decision-Making Process
Legal Acts by Boards
Executive Power
Conclusion
Ch.38 Executive Heads
Appointment
Formal Appointment
Influence
Regional and National Criteria
Qualifications
Term Limits
Functions
Administrative
Political
Norm Entrepreneur
Independence
Conclusion
Ch.39 Secretariats
Preliminary Material
The Rise of International Secretariats
The Functions of Secretariats
The Powers and Competences of Secretariats
The Mission Expansion of Secretariat Functions: Three Explanatory Factors
The Dynamics of Mission Expansion: The Case of the OIC
Inter-Secretariat Capacity-Building … or Secretariat-Replication? The Embeddedness of International Secretariats in Global Networks of Cooperation
Conclusions
Ch.40 High-Level Panels
The Changing Diplomatic Landscape
Commission Diplomacy
Impacts
Ideational
Normative
Institutional
Operational
Explaining Success
The Three ‘I’s’: Independent, International, Inclusive
Chair(s)
Panel Members
Process and Timeline
Product
Focus
Timing and Luck
Follow Through, Follow Up, and Norm Entrepreneurs, Brokers, Champions, Carriers, Spoilers
Conclusion
Ch.41 International Adjudicative Bodies
International Adjudicative Bodies: The Basics
Diversity of Adjudicative Bodies
International Courts and Tribunals v. Arbitral and Other ad hoc Bodies
Judicial Bodies
Arbitral Bodies and Other ad hoc Bodies
Subject Matter Jurisdiction
General Jurisdiction
Specific Subject Matter Jurisdiction
International criminal law
Human rights
International administrative tribunals
Other judicial bodies of specialized jurisdiction
Territorial Scope: Global v. Regional Bodies
Temporal Scope: Prospective v. Retrospective Bodies
Creation and Structural Arrangements
How Are Judicial and Quasi-Judicial Bodies Created?
The Place of Adjudicative Bodies in the International Community
Stand-Alone Bodies
Part of an International Organization
What Do International Adjudicative Bodies Do?
Proceedings
Issuing Judgments and Orders
Limited Appeals
Remedies and Reparations
Enforcement and Implementation Mechanisms
Advisory Opinions
How Do Judicial and Quasi-Judicial Bodies Work?
Structure of Judicial and Quasi-Judicial Bodies
Who Are the Decision-Makers?
Secretariats and Registries
Assembly Body
Who Can Bring a Claim?
Conclusion
Ch.42 Financing and Budgets
Financing International Organizations
Assessed Contributions
Self-Funding
Voluntary Contributions
Varieties of Funding, Varieties of Governance
Budgets of International Organizations
Approving Budgets
Implementation of Budgets
Financing, Budgets, and Governance
Ch.43 Organizational Culture
Conceptualizing Organizational Culture
Why and How Organizational Culture Matters
Theorizing the Cultures of International Organizations
Studying IO Cultures
Conclusion: A Research Agenda for the Study of IO Cultures
Part VIII International Institutional Law
Ch.44 Constituent Instruments
What’s in a Name …
Content
Parties
Special Characteristics of Constitutions
‘Their Object Is to Create New Subjects of Law’
‘Endowed with a Certain Autonomy’
‘To Which the Parties Entrust the Task of Realizing Common Goals’
Constitutional Development
Special Rules for the Interpretation of Constitutions?
Interpretation by the New Legal Person and its Organs
Guidance from the International Court of Justice?
Concluding Observations
Ch.45 Membership and Representation
Membership
Criteria for Membership
Additional Criteria
Membership of Intergovernmental Organizations in Other Intergovernmental Organizations
Process of Admission to Membership
Succession of States
Rights of Membership
Participation in the Intergovernmental Process, Including the Right to Vote
Accreditation and Representation
Obligations of Membership
Observers
Suspension and Expulsion
Suspension
Expulsion
Withdrawal
Conclusion
Ch.46 Legal Capacity and Powers
The Development of International Law Relating to International Legal Personality: The Curious Case of International Organizations
The Case of the World Tourism Organization
The Case of the Global Fund to Fight AIDS, Tuberculosis and Malaria and Issues of Privileges and Immunities
The Conferral by States of Powers on International Organizations and the Issue of Responsibility for Unlawful Acts by an Organization
Transfers of Powers to International Organizations and the Issue of Responsibility
Partial Transfers of Powers
Full Transfers of Powers
Delegations of Powers to International Organizations and Issues of Responsibility
Concluding Remarks
Ch.47 Assessing the Legality of Decisions
Acts of International Organizations
Forum
Internal Review Mechanisms
Court of Justice of the European Union
Regional Bodies
External Review
European Court of Human Rights
International Court of Justice
Grounds for Judicial Review
Internal Law of the IO
Contrary to International Law
Legal Consequences and Remedies
Consequences
Remedies
Informal Review Mechanisms
Non-compliance
Non-Funding
Withdrawal from or Non-Cooperation with the IO
Conclusion
Ch.48 Responsibility
Issues of Attribution
Breach of an International Obligation
Circumstances Precluding Wrongfulness and their Relevance to International Organizations
Interplay between the Responsibility of International Organizations and that of their Member States
Issues of Implementation
Content of Responsibility
Conclusion
Ch.49 Privileges and Immunities
The Past and Present Typical Content of Privileges and Immunities of International Organizations
The Legal Bases of Privileges and Immunities
The Justification for Privileges and Immunities
The Core Issue: The Scope of Jurisdictional Immunity
Functional Immunity
Absolute Immunity
Quasi-Sovereign Immunity
Specifically Restricted Immunity
The Jurisdictional Immunity of International Organizations in Practice
The Impact of Access to Justice Considerations on Jurisdictional Immunity
Access to Justice
The Waite and Kennedy approach in national courts
Conclusion
Ch.50 The Law of the International Civil Service
The Nature of the Law of the International Civil Service
The Relationship of the Law of the International Civil Service with International Law
The Nature of the International Civil Service Relationship
The Question of the Unity of the Law of the International Civil Service
The Sources of the Law of the International Civil Service
The Constituent Act (and Other International Treaties Relating to the Organization)
Staff Regulations and Rules
Administrative Issuances
Other Sources
Conclusion
Ch.51 International Administrative Tribunals
The History of Internal Justice Systems in International Organizations
The Evolution of International Administrative Tribunals
The Internal Justice Systems of International Organizations
The Reform of Internal Justice Systems of International Organizations
The Institutional Components of International Administrative Tribunals
Establishment and Composition
Jurisdiction and Powers
Organization of Work and Procedure
Conclusion
Part IX Principles of Governance
Ch.52 Legitimacy
Legitimacy and International Organizations
Why Does Legitimacy Matter for International Organizations?
Legitimation
The Purpose of Legitimation
Who Claims Legitimacy?
Who Are the Audiences?
Legitimation and Institutional Reform: Isomorphic Mimicry?
Conclusion
Ch.53 Participation
Patterns of Participation in International Organizations
Forms of Participation
Precursors to Participation
Major Trends since WWII
Functions of Participation
Fault Lines of Participation
The Special Case of European Governance: The Participation of Citizens
EU’s Legitimacy Deficit and the Promises of Participatory Democracy
Empirical Findings and Challenges of Transnational Citizens Consultations
Conclusions: Democratic Principle, Marketing Tool, or Both?
Ch.54 Accountability
Perspectives on Accountability
Participation and Delegation as Bases for Accountability
A Way Forward for Assessing Accountability to Affected Interests
An Illustration of the Approach: Global Health Policy
The Framing of Policy Problems and the Setting of Policy Agendas
The Selection and/or Design of IOs
The Development and Choice of Policies and Policy Instruments
Policy Implementation
Conclusions
Ch.55 Transparency
Theoretical Approaches to Transparency and Openness
Rational Choice Institutionalism
Sociological Institutionalism
Normative Democratic Theory
The Empirical Study of Transparency and Openness
Patterns in Transparency and Openness
Sources of Transparency and Openness
Effects of Transparency and Openness
Conclusion
Further Material
Appendix: Primary Instruments
Index
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Table of Cases
Edited By: Jacob Katz Cogan, Ian Hurd, Ian Johnstone
From:
The Oxford Handbook of International Organizations
Edited By: Jacob Katz Cogan, Ian Hurd, Ian Johnstone
Content type:
Book content
Product:
Oxford Scholarly Authorities on International Law [OSAIL]
Series:
Oxford Handbooks
Published in print:
17 November 2016
ISBN:
9780199672202
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