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Full-Text Articles in Law
International Delegations And The Values Of Federalism, Neil S. Siegel
International Delegations And The Values Of Federalism, Neil S. Siegel
Law and Contemporary Problems
Siegel argues that the relationship between an international delegation and the values thought to be promoted by a federal structure of government depends upon what would happen in the absence of the international delegation. Focusing on the effect of international delegation on US subnational states, Siegel explains that when the delegation replaces regulation by the federal government that would have displaced state choices anyway, then the effect on federalism values depends on the relative inclinations of the federal government and the international body to decentralize.
The Concept Of International Delegation, Curtis A. Bradley, Judith G. Kelley
The Concept Of International Delegation, Curtis A. Bradley, Judith G. Kelley
Law and Contemporary Problems
Bradley and Kelley define and clarify the concept of international delegation from both a legal and a social-science perspective. They begin by presenting a definition of international delegation as a grant of authority by two or more states to an international body to make decisions or take actions. They also identify eight types of authority that states may grant: legislative, adjudicative, regulatory, monitoring and enforcement, agenda-setting, research and advice, policy implementation, and redelegation. International bodies will often exercise more than one type of authority, and there will sometimes be uncertainties about whether a particular type of authority fails into a …
Delegating To International Courts: Self-Binding Vs. Other-Binding Delegation, Karen J. Alter
Delegating To International Courts: Self-Binding Vs. Other-Binding Delegation, Karen J. Alter
Law and Contemporary Problems
Alter highlights the diverse nature of international delegations to courts. She argues that the roles and tasks delegated to international courts increasingly mimic in form and content the broad variety of tasks delegated to courts in liberal democracies, but that delegating these tasks to international courts is fundamentally different than delegating them to domestic courts because of the implications for national sovereignty. Whereas international courts were initially established to be dispute-resolution bodies, they now also perform administrative review, enforcement, and even constitutional review. Alter explains how each of these judicial roles binds other actors, binds states, or both.