Contents

Chapter I Legal Positivism and its Discontents

1 The Mainstream: Legal Positivism

1.1 Positivist Treaties

1.2 Positivist Custom

1.3 Positivist General Principles

2 The Institutional Challenge to Positivism

2.1 The Reality of Institutionalization

2.2 The International Judiciary

2.3 The Return of Domestic Analogies

2.4 From Static Rules to Process

2.5 From Process to Inter-disciplinarity

3 Caveats

Chapter II The UN Charter Over Time: The Contemporary Security Council

1 What is the UN Charter for?

2 The UN Charter as Positivist Instrument

3 The Council and the “Contracting Out” of Force: Iraq

4 The Council as Extradition Tool

5 The Council and Ad Hoc War Criminal Tribunals

6 The Council and the “Right to Democracy”

7 The Council’s “Smart” Sanctions

8 The Council’s Global “Legislation”

9 The Council’s New “Tool”: The ICC

10 The Council and “Human Security”

Chapter III The Contemporary General Assembly

1 The Assembly and the Sources of International Law

2 The Assembly as Charter Interpreter

3 The Assembly as Human Rights Interpreter and Enforcer

4 The Assembly as Peace and Security Institutional Actor

Chapter IV A Contemporary Specialized Agency: The WHO

1 The Origins of the World Health Organization

2 The Fall of the Old International Health Regulations

3 The Rise of the Revised (2005) IHRs

4 The WHO’s First Treaty: The Framework Convention on Tobacco Control

5 The WHO in Larger Context

Chapter V The Main Functions of International Adjudication

1 Introduction

2 The Complex Dispute Settlement Function

3 The Fact-Finding Function

4 The Law-Making Function

5 The Governance Function

6 Conclusions

Chapter VI Three Challenges Posed by International Organizations

1 The IO Challenge to Legal Positivism

1.1 The Challenge to the Primacy of States and State Consent

1.2 The Challenge to the Article 38 Sources of Obligation

1.3 The Challenge to Bindingness

1.4 Explaining How IO Charters “Evolve”

2 The IO Challenge to Sovereignty

3 The IO Challenge to the Rule of Law

4 Conclusion

Selected Bibliography

About the Author

Index