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Monitoring Compliance With Unratified Treaties: The Ilo Experience, Laurence R. Helfer
Monitoring Compliance With Unratified Treaties: The Ilo Experience, Laurence R. Helfer
Law and Contemporary Problems
Helfer challenges the conventional wisdom that the delegation of authority to the International Labor Organization (ILO) involves only modest sovereignty costs. Heifer explains that the ILO has increasingly exercised the authority to monitor compliance with unratified labor treaties and recommendations, and that the exercise of this authority has significant effects. He further notes that this type of monitoring authority is not confined to the ILO, but in fact exists in several other international institutions and issue areas. The case of the ILO therefore suggests that some important delegations arise and thrive outside of the formal channels of authority. This makes …
International Delegation And State Sovereignty, Oona A. Hathaway
International Delegation And State Sovereignty, Oona A. Hathaway
Law and Contemporary Problems
Hathaway rebuts the claim that state sovereignty almost always suffers when states delegate authority to international institutions. Critics of delegation err, she contends, by overemphasizing the costs but losing sight of some of the substantial benefits of cooperation. She considers the challenge to sovereignty posed by international delegation by focusing on recent debates over the influence of international legal commitments on domestic governance.