2008 ◽  
Vol 9 (11) ◽  
pp. 1965-1986 ◽  
Author(s):  
Volker Röben

One of the most striking features of international institutional law that emerges from the several cases studies collected in this issue is that enforcement authority is now vested in international institutions alongside the more familiar types of public authority almost as a matter of course. Enforcement of international law by international institutions needs to be distinguished from other closely related concepts of public authority that are in turn the subject of closer studies collected in this issues. As discussed by von Bogdandy, Dann and Goldmann, international institutions often dispose of an implementation authority which in turn is subject to a branch of international institutional law. The responsibilities and indeed the authority of international institutions do not stop at the mere implementation of their legal base. However, enforcement involves a categorically different exercise of public authority. It concerns the interaction with another subject of law. Insofar as enforcement essentially empowers an international institution to confront States it deeply interferes with the sovereign's conduct, and its very existence may seem counterintuitive.


Author(s):  
Simon Caney

In recent years, a number of powerful arguments have been given for thinking that there should be suprastate institutions, and that the current ones, such as the World Trade Organization (WTO), International Monetary Fund (IMF), World Bank, and United Nations Security Council, need to be radically reformed and new ones created. Two distinct kinds of argument have been advanced. One is instrumental and emphasizes the need for effective suprastate political institutions to realize some important substantive ideals (such as preventing dangerous climate change, eradicating poverty, promoting fair trade, and securing peace). The second is procedural and emphasizes the importance of political institutions that include all those subject to their power in as democratic a process as possible, and builds on this to call for democratically accountable international institutions. In this chapter, the author argues that the two approaches need not conflict, and that they can in fact lend support to each other.


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