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International Economic Organizations and Law. The Perspective and Role of the Legal Counsel

International Economic Organizations and Law. The Perspective and Role of the Legal Counsel

International Economic Organizations and Law. The Perspective and Role of the Legal Counsel

Contributor(s)
By Asif H. Qureshi, Xuan Gao
Publish Date
03/30/2012
Product Line
Kluwer Law International
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Details

There can be little doubt that a group of prominent and influential organizations lie at the heart of international economic law (IEL). These include the Bretton Woods institutions, regional development banks and economic organizations, and various specialized global institutions primarily active in norm generation. This volume possesses the unique distinction of presenting the perspectives – both institutional and personal – of legal counsels in some key international economic organizations regarding their work and the role of law within the framework of their organizations, with particular attention to the conditions within which they can optimally contribute to the development of IEL. This last consideration is emphasized in three ‘external’ academic perspectives that focus mainly on what the role of counsels in international economic organizations ought to be. Each first-hand perspective focuses on counsel’s involvement in such aspects of IEL as the following:

  • providing internal advice on the law of the organization;
  • assisting members with respect to domestic institutions and law in the economic sphere;
  • to what extent (if any) legal counsels are normally involved in policy making for issues that are not strictly of a legal nature;
  • intellectual contributions both to the development of international law and the dissemination and exchange of legal knowledge among various stakeholders;
  • ethical challenges and response to possible conflicts of interests;
  • generation of soft law economic instruments;
  • legal issues on replenishment of resources for development funding;
  • setting of internationally recognized standards or best practices for commercial and financial legislation;
  • informal networks of lawyers and lawyer functions which cut across institutional and territorial boundaries; and
  • negotiation and management of free trade agreements from a legal perspective.
In the opinions proffered, in the preoccupations shared, indeed even in the silence of omissions, these contributions by distinguished key practitioners from major representative organizations that play a role in the international economic system will be warmly welcomed by the community of scholars, policymakers and practitioners concerned with international economic law.

ISBN: 9789041134271
Pages: 512
SKU: 9041134271
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List of Abbreviations

Acknowledgements

Part I Introduction

Introduction and Overview Asif H. Qureshi & Xuan Gao

Chapter 1 The Legal Counsel as the ‘Persona of Law’ in an International Economic Organization: A Constitutional Perspective Asif H. Qureshi

Part II Bretton Woods Institutions

Chapter 2 The Role of Law – and Lawyers – in the International Monetary Fund Sean Hagan

Chapter 3 The Institutional and Intellectual Role of the General Counsel: Perspectives from the World Bank Anne-Marie Leroy

Chapter 4 ‘Down to Business’: The Role of Law and Lawyers at the World Trade Organization Yves Renouf

Part III Specialized Institutions

Chapter 5 Taking Account of Human Values in the International Economic Legal Order: Law and the Legal Counsel in the International Labour Organization Janelle M. Diller

Chapter 6 The Role and Contribution of the Legal Counsel to Decision-Making and the Development of International Economic Law: The Case of the World Intellectual Property Organization Edward Kwakwa

Chapter 7 The Legal Counsel and Law in a sui generis International Organization: Some Personal Views on the Organisation for Economic Co-operation and Development and Its Legal Counsel Nicola Bonucci

Part IV Regional Development Banks and Specialized Lending Agencies

Chapter 8 The General Counsel as a Transactional Lawyer: Structuring the Commitments to Replenish the Resources of the International Fund for Agricultural Development Rutsel Silvestre J. Martha

Chapter 9 The Role of the General Counsel: The African Development Bank Perspective Kalidou Gadio

Chapter 10 Assessing Commercial Laws to Foster Reforms: An Insight into the Legal Work of the European Bank for Reconstruction and Development Michel Nussbaumer & Frederique Dahan

Chapter 11 Legal Counsel, Legal Analysis, and Legal Limits: The Role of Law and Lawyers in the Asian Development Bank John W. Head

Chapter 12 The Replenishments of the Asian Development Fund: Institutional Development in the Asian Development Bank and the Role of the Legal Counsel in Resource Mobilization Gerd Droesse

Part V Regional Economic Organizations

Chapter 13 A World Wide Web of Law(yers): The Lawyer Function Catalysing and Mediating Change in International Economic Relations – The EU Experience James Flett

Chapter 14 The Role of the European Free Trade Association Secretariat and Select Legal Aspects of EFTA Free Trade Agreements Roger Gschwend & Pietro Poretti

Part VI The External Perspective: Theory

Chapter 15 Multilateral Economic Organizations and Legal Professional Ethics Priscilla Schwartz

Chapter 16 The Role of the Legal Counsel and Law in the Proposed United Nations Global Economic Coordination Council: A Reflexive Approach towards Policy Coordination Cecilia J. Flores Elizondo

Selected Bibliography

Index

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