The present monograph "Regionalism and its Contribution to General International Law" was written at the Institute of European Law and Department of International Law, Faculty of Law, Pavol Jozef Šafárik University in Košice, as a part of the project (APVV-O823-11) carried out in 2011-2015, representing one of its final publication utputs.
The main reason for choosing the topic was to evaluate regionalism in its various relationships and forms with respect to international law, and also to evaluate the place,importance and duties of international law in respect to the establishment and functioning of various forms of regionalgroups.
It is a fact that even though a lot of attention has been paid to regionalism, a more complex evaluation of the impact it has had on international law, and vice versa, is still lacking. The efforts of the present monograph are to partially eliminate this gap.
After giving a brief insight into how regionalism has developed, its content and terminology, the monograph studies in more details individual types of regionalism in the form of old and new regionalism, as well as treaty and institutional regionalism; its specifications and contributions to the international law.
About the authors
Prof. JUDr. Ján Klučka,CSc., Professor of International Law at Law Faculty, Pavol Jozef Šafárik University in Košice (Slovakia). Former judge of Slovak Constitutional Court (1993-2004), Former Judge of the Court of Justice of European Union (2004-2009), Member of the Venice Commission for Democracy through Law (1993-2004), Member of the Slovak National Group at Permanent Court of Arbitration (since 1993). Author of more than 100 publications in Slovakia and abroad dealing with various topics of public international law (international air and space law, international law on human rights, environmental law and European law). A number of expertises on the constitutional justice issues has been elaborated within the Venice Commission for Democracy through Law. Author of textbooks on public and private international law as well as European law.
JUDr. Ľudmila Elbert, PhD. is Researcher at the Institute of European Law and Department of International Law at Pavol Jozef Safarik University in Košice, Faculty of Law. Her areas of interests are the Rule of Law in National Law and International Law, international responsibility and rights of individuals in International Law.
Author(s): Ján Klučka; Ľudmila Elbert
Publisher: Pavol Jozef Šafárik University; Institute of European Law and Department of International Law
Year: 2015
Language: English
Pages: 236
City: Košice
Tags: International law; European law; Council of Europe; European Union; regionalism; interregional; regional; international organizations; rule of law
PREFACE............3
Cotents...............5
About the authors..........9
Abbreviations of the regional organizations and interregional groupings ..........11
1. INTERNATIONAL ORGANIZATIONS AS NEW SUBJECTS OF INTERNATIONAL LAW AND ITS INSTITUTIONALIZATION.......13
2. PLACE AND POSITION OF INTERNATIONAL ORGANIZATIONS WITHIN INTERNATIONAL LAW SYSTEM ...........18
3. REGIONALISM AND INTERNATIONAL LAW .........25
3.1. Regional Organizations and the Institutionalization of International Law.......25
4. OLD AND NEW REGIONALISM ......30
4.1. Old Regionalism.......30
4.2. New Regionalism.....31
5. TREATY AND INSTITUTIONAL REGIONALISM......39
5.1. Treaty Regionalism......39
5.2. Institutional Regionalism......41
5.2.1. Territorial Scope of the Competences of Regional Organizations......44
5.2.2. The "Term" of Regional Organizations......46
5.2.3. The Regional Organizations' Scope of Activities.....47
5.2.4. Membership in the Regional Organizations......51
5.2.5. Democracy and Rule of Law as Conditions of Membership in Regional Organizations.....55
5.2.6. Guarantees for the Due Performance of Regional Organizations.....56
5.3. Prevention, Dispute and Sanction Mechanism of the International Organizations....59
5.3.1. Settlement of Disputes in International Organizations....61
5.3.2. Sanction Regimes of International Organizations....64
5.4. Impact of the European Union on Current Regionalism....67
5.5. Supranational and Intergovernmental Model of Regional Organizations....75
6. INTERREGIONALISM....84
6.1. Old and New Interregionalism.....84
6.2. Interregionalism and International Law......96
6.3. The EC-EU Interregional Treaties.....97
6.4. Contribution of the Treaty Interregionalism to International Law.....113
7. REGIONALISM AND THE RULE OF LAW.....117
7.1. International Regional Organizations and the Rule of Law....121
7.2.1. The Rule of Law and Institutional Regionalism in Europe.....125
7.2.2. The Institutional Regionalism in the European Union strengthening the Rule of Law....131
7.3. The Rule of Law and American Regionalism....136
7.3.1. The Rule of Law and Institutional Regionalism in American Region.....138
7.4. The Rule of Law and South-East Asia.....142
7.4.1. The Rule of Law and Institutional Regionalism in South-East Asia......145
7.5. The Rule of Law and Treaty Regionalism.......147
7.6. The Rule of Law and Institutional Regionalism....149
8. RELATION OF REGIONALISM AND REGIONAL ORGANIZATIONS WITH RESPECT TO GENERAL INTERNATIONAL LAW.....153
8.1. Regional Rules as confirmation and development of rules of general international law and inspiration to create new rules......153
8.2. The Rules of General International Law governing Activities of Regional Organizations.....156
8.3. Problems arising as a consequence of treaty making competences of international organizations and the general international law......171
SUMMARY.......176
RESUMÉ.....196
BIBLIOGRAPHY.......197
INDEX......224
