1.
Burton, Philip.
The jurisdiction of international
organizations.
Degree: 2018, University of Manchester
URL: http://www.manchester.ac.uk/escholar/uk-ac-man-scw:314816
This thesis seeks to establish the concept of
jurisdiction as an analytical framework for conceptualising the
powers of international organizations. The basic claim is that a
distinction ought to be drawn between the types of actions an
organization can take and the legal relationship between the
organization and the persons, objects and scenarios where it is
empowered to act. Existing scholarship focuses solely on the former
dimension whereas the latter, referred to as jurisdiction, is
underexplored. The thesis develops an analytical framework
comprised of elements which are essential components of
international jurisdiction. This framework is derived from the
reasoning of the PCIJ and the ICJ on international organizations.
It identifies three foundational elements which are essential and
incommensurable: state consent, techniques of delimiting
jurisdiction and the compétence de la compétence principle. The
framework seeks to examine each of these elements individually, but
also to capture the dynamic between them. It is not claimed that
the distinction between the types of action and the relationship
between institution and objects; between jurisdiction and legal
powers, is always watertight. However, it is argued that
reconceptualising the ‘powers’ of organizations along the lines
advanced by this thesis is beneficial in two ways. First, it is
argued that the introduction of the concept into existing
constructions concerning legal powers adds nuance and subtlety,
therefore enhancing the ability of law to act as an effective
constraint upon international organizations. Second, the concept of
jurisdiction offers fresh insights into complex questions of
contemporary global governance, in particular, the overlapping
competences of organizations.
Advisors/Committee Members: SCOBBIE, IAIN I, D'Aspremont, Jean, Scobbie, Iain.
Subjects/Keywords: International organizations; International law; Jurisdiction
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APA (6th Edition):
Burton, P. (2018). The jurisdiction of international
organizations. (Doctoral Dissertation). University of Manchester. Retrieved from http://www.manchester.ac.uk/escholar/uk-ac-man-scw:314816
Chicago Manual of Style (16th Edition):
Burton, Philip. “The jurisdiction of international
organizations.” 2018. Doctoral Dissertation, University of Manchester. Accessed April 13, 2021.
http://www.manchester.ac.uk/escholar/uk-ac-man-scw:314816.
MLA Handbook (7th Edition):
Burton, Philip. “The jurisdiction of international
organizations.” 2018. Web. 13 Apr 2021.
Vancouver:
Burton P. The jurisdiction of international
organizations. [Internet] [Doctoral dissertation]. University of Manchester; 2018. [cited 2021 Apr 13].
Available from: http://www.manchester.ac.uk/escholar/uk-ac-man-scw:314816.
Council of Science Editors:
Burton P. The jurisdiction of international
organizations. [Doctoral Dissertation]. University of Manchester; 2018. Available from: http://www.manchester.ac.uk/escholar/uk-ac-man-scw:314816