{"product_id":"recueil-des-cours-collected-courses-tome-426-9789004517714","title":"Recueil des cours, Collected Courses, Tome 426","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003ePieter Jean KUIJPER, Delegation and International Organizations; As Exemplified by the United Nations and the European Union  Based on a comparative approach, this course analyzes the diverging development of the delegation of powers, in particular legislative or regulatory powers, in the UN and the EU. It is based largely on the primary sources, documents and decisions of the organs of these organizations, including the relevant judicial decisions. After a brief discussion of some basic notions involved in delegation of powers, it makes a basic distinction between delegation of a constitutional nature and delegation of an administrative law nature. It continues with a preliminary chapter on delegation of powers in a limited number of national legal systems, as it is likely that these may have had some influence on delegation within international organizations, when these were first confronted with the problem of delegation. These national systems are characterized by a strong resistance against the delegation of truly legislative powers, but at the same time by the growing and unavoidable need for delegation in specialized domains of the modern administrative state, where certainly the legislature, but in many areas also the executive, lack the necessary knowledge.    Stephen C. McCAFFREY, The Evolution of the Law of International Watercourses.\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTable of Contents\u003c\/b\u003e\u003cbr\u003ePieter Jean KUIJPER, Delegation and International Organizations.  Excerpt of Table of Contents:  Chapter I. What inspired this lecture series?\t21  Chapter II. Delegation of powers in national legal systems\t27  A. The United States\t28  B. France\t35  C. Italy\t48  D. Germany\t55  E. National law of delegation in an administrative context: The Dutch example\t63  F. Some concluding remarks on national systems of delegation\t70  G. Some remaining loose ends inspired by national law and practice on legislative delegation\t72  H. Some basic notions related to delegation\t74  Chapter III. Delegation within the United Nations: the General Assembly and the secretariat\t80  A. Delegation to a newly created body: The United Nations Adminis- trative Tribunal\t80  B. The ICSC and the Molinier case: A technical delegation to a newly created body?\t84  C. The Secretary-General’s bulletin on delegation of authority\t89  D. The different powers delegated to the ICSC: Advisory and decisional\t92  E. The story of Mr Kompass: A well-intentioned civil servant sent on administrative leave\t106  F. Conclusions on delegation by the General Assembly and Secretariat.\t109  Chapter IV. Delegation by the Security Council\t113  A. The Tadič case\t114  B. The financing of the creation and functioning of the ICTY\t118  C. Delegation in connection with the application of Chapter VII UN Charter\t121  D. The UN mission in Kosovo\t124  E. Delegation by the Security Council to sanctions committees\t128  F. UN  delegation  to  one  or  more  Member  States  and  International Organizations\t138  G. Conclusions on delegation by the Security Council\t152  Chapter V. Delegation in the European Union\t155  A. Introduction: The Meroni case\t155  B. The Rome Treaty and management committees\t161  C. The Single European Act of 1987 and the codification of the imple- menting committees\t165  D. From the Treaty of Amsterdam and the second comitology decision to the Treaty of Nice\t171  E. After the Treaty of Nice and up until the Treaty of Lisbon\t177  F. The Treaty of Lisbon, delegation of legislative powers and the third comitology decision\t182  G. The post-Lisbon cases and the present state of the law of delegation in the EU\t191   H. Administrative delegation within the Commission and other institutions\t204  I. Delegation to EU agencies\t213  J. Some final remarks on delegation in the EU\t225  Chapter VI. Concluding remarks\t229    Stephen C. McCAFFREY, The Evolution of the Law of International Watercourses.  Chapter 1. Introduction and Overview\t257   I. Overview of the Course\t259  1. The Umma-Lagash Treaty (ca. 3100 BC)\t259  2. Grant to a monastery by Charlemagne (805 AD)\t260  3. The Peace of Westphalia (1648)\t261  4. The Congress of Vienna (1815)\t261  5. The First Assertion of a Rule concerning the Non-navigational Uses of International Watercourses (1856)\t262  6. The “Harmon Doctrine” (1895)\t262  7. The 1906 Convention between Mexico and the United States . .\t263  8. The US Supreme Court decision in Kansas v. Colorado (1907)\t263  9. The 1909 Boundary Waters Treaty, Canada-United States   . . .\t264  10. The  Madrid  Resolution  of  the  Institute  of  International  Law (1911)\t264  11. The Donauversinkung Case (1927)\t264  12. The River Oder Case (1929)\t265  13. The Trail Smelter Arbitration (1941)\t266  14. The Salzburg Resolution of the Institute of International Law (1961)\t266  15. The Helsinki Rules on the Uses of the Waters of International Rivers of the International Law Association (1966)\t266  16. The  Athens  Resolution  of  the  Institute  of  international  law (1979)\t267  17. International  Law  Commission’s  draft  articles  on  the  Law of International Watercourses (1994)\t267  18. Convention  on  the  law  of  the  non-navigational  uses  of  inter- national watercourses (1997)\t267  19. Illustrative case law\t268  II. Definitions\t281  Chapter 2. Fresh water and its use by humans\t283  I. Introduction\t283  II. The impact of climate change on shared freshwater resources  . . .\t290   III. Uneven distribution\t\t293  IV. Water transfers\t294  V. Groundwater: out of sight, out of mind?\t300  1. The general characteristics of groundwater\t301  2. The international legal regulation of groundwater\t304  3. Groundwater in the two multilateral treaties concerning inter- national watercourses\t304  4. Groundwater in case law\t305  5. The ILC’s resolution on “Confined Transboundary Groundwater” 308  6. The ILC’s draft articles on the Law of Transboundary Aquifers\t309  VI. Conclusion\t311  Chapter  3. Beyond  the  Hobbesean  state  of  nature:  The  perceived  need for reliability of access to shared freshwater resources and early evidence of a quest for stability\t313  I. Introduction\t313  II. “Nasty, brutish and short”\t313  III. Further evidence from treaty practice\t315  IV. The quest for stability in fluvial relations\t315  V. Lessons from the fate of the “Harmon Doctrine”\t318  1. Background\t318  2. Harmon’s Opinion\t322  3. The events following the issuance of Harmon’s opinion\t325  VI. The 1906 Treaty\t329  VII. Conclusion\t330  Chapter 4. Navigation: nature’s highways in a forested land\t331  I. Introduction\t331  II. Early practice\t331  III. Development  of  the  law  of  navigational  uses  of  international watercourses in Western Europe\t333  IV. Influential cases and the law as it stands today\t338  V. The River Oder case\t339  VI. The Oscar Chinn case\t341  VII. The Navigational and Related Rights case\t343  VIII. The Contributions of Learned Societies\t346  IX. Conclusions\t349  Chapter 5. Evolution of the law governing the non-navigational uses of international watercourses\t351  I. Introduction\t351  II. Ancient times\t351  III. The Institute of International Law\t360  IV. The International Law Association\t363  V. Indicia of the evolution of the law\t366  1. From  preeminence  of  navigation  to  the  absence  of  inherent priorities\t366  2. From the surface water channel to the system of waters\t368  3. From  piecemeal  problem-solving  to  integrated  management and development\t372  4. From protection of fisheries to protection of fish\t374  5. From “no harm” to equitable utilization\t376  Chapter 6. Conclusions and outlook\t381  I. Some conclusions\t381  II. Outlook\t384","brand":"Brill","offers":[{"title":"Default Title","offer_id":51535930589527,"sku":"9789004517714","price":200.87,"currency_code":"GBP","in_stock":false}],"url":"https:\/\/bookcurl.com\/products\/recueil-des-cours-collected-courses-tome-426-9789004517714","provider":"Book Curl","version":"1.0","type":"link"}