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Emergency Powers of the UN Security Council 联合国安理会的紧急权力
Emergency Powers of International Organizations Pub Date : 2019-10-30 DOI: 10.1093/oso/9780198832935.003.0004
Christian Kreuder-Sonnen
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引用次数: 0
A Proportionality Theory of IO Emergency Powers IO应急权力的比例理论
Emergency Powers of International Organizations Pub Date : 2019-10-30 DOI: 10.1093/oso/9780198832935.003.0003
Christian Kreuder-Sonnen
{"title":"A Proportionality Theory of IO Emergency Powers","authors":"Christian Kreuder-Sonnen","doi":"10.1093/oso/9780198832935.003.0003","DOIUrl":"https://doi.org/10.1093/oso/9780198832935.003.0003","url":null,"abstract":"Chapter 3 develops a proportionality theory of IO emergency powers to account for the variable outcomes of normalization (ratchets) and containment (rollbacks). It posits that IO exceptionalism creates distributional consequences at the level of political autonomy that are positive for the governors and negative for the governed. Since IO authority is dependent on its general recognition by the rule-addressees, the states and supranational actors in authority need to be able to justify their measures as proportionate, or else the delegitimation attempts by their opponents threaten to undermine the authority. Ratchets and rollbacks are thus conceived as the product of rhetorical legitimation struggles among the holders and the addressees of IO emergency powers that revolve around the normative standard of proportionality. The chapter derives a set of testable hypotheses from the proportionality model and provides alternative explanations based on variations of rational institutionalism that focus on state power and institutional design.","PeriodicalId":132567,"journal":{"name":"Emergency Powers of International Organizations","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129311307","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Conceptualizing IO Emergency Powers IO应急能力的概念
Emergency Powers of International Organizations Pub Date : 2019-10-30 DOI: 10.1093/oso/9780198832935.003.0002
Christian Kreuder-Sonnen
{"title":"Conceptualizing IO Emergency Powers","authors":"Christian Kreuder-Sonnen","doi":"10.1093/oso/9780198832935.003.0002","DOIUrl":"https://doi.org/10.1093/oso/9780198832935.003.0002","url":null,"abstract":"This chapter introduces a constitutional perspective on international organizations (IOs) that foregrounds the legally constituted relationship between authority-holders and authority-addressees. Distinct from the common principal–agent perspective, it paves the way for understanding IOs’ crisis-induced authority-leaps as an assumption of emergency powers—an act defined as the constitutionally deviant widening of executive discretion at the expense of the political autonomy of the rule-addressees that is justified by exceptional necessity. The chapter taxonomizes the possible institutional embodiments of IO exceptionalism according to its constitution, reach, and intrusiveness and highlights its phenomenological differences with respect to domestic exceptionalism. Given the structural conditions of the international spheres of authority in which IO exceptionalism operates, it is expected to rely on the acquiescence of the most powerful member states, to be stratified in scope and application according to states’ power differentials, and to instrumentalize rather than openly suspend norms of international law.","PeriodicalId":132567,"journal":{"name":"Emergency Powers of International Organizations","volume":"228 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130755625","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
WHO Emergency Powers for Global Health Security 世卫组织全球卫生安全应急权力
Emergency Powers of International Organizations Pub Date : 2019-10-30 DOI: 10.1093/oso/9780198832935.003.0006
Christian Kreuder-Sonnen
{"title":"WHO Emergency Powers for Global Health Security","authors":"Christian Kreuder-Sonnen","doi":"10.1093/oso/9780198832935.003.0006","DOIUrl":"https://doi.org/10.1093/oso/9780198832935.003.0006","url":null,"abstract":"Chapter 6 analyzes two consecutive cases of exceptionalism in the World Health Organization (WHO). In the first case study, it explains how the WHO’s assumption of emergency powers in the 2003 SARS crisis led to their legal normalization. To confront the SARS outbreak, the WHO resorted to unprecedented emergency measures infringing on states’ sovereignty. Building on arguments of functionality, the WHO managed to create a broad consensus on the general appropriateness of such measures. They were thus enshrined in the new International Health Regulations in 2005 and came to their first reuse in the second case: the adoption of emergency powers during the H1N1 influenza “pandemic” in 2009. Due to a very mild course of the outbreak, however, this time it incited a societal backlash against the WHO. The emergency measures were delegitimized as excessive and futile, forcing the WHO to accept a procedural containment of its emergency powers.","PeriodicalId":132567,"journal":{"name":"Emergency Powers of International Organizations","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132680498","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Emergency Politics in the Euro Crisis 欧元危机中的紧急政治
Emergency Powers of International Organizations Pub Date : 2019-10-30 DOI: 10.1093/oso/9780198832935.003.0005
Christian Kreuder-Sonnen
{"title":"Emergency Politics in the Euro Crisis","authors":"Christian Kreuder-Sonnen","doi":"10.1093/oso/9780198832935.003.0005","DOIUrl":"https://doi.org/10.1093/oso/9780198832935.003.0005","url":null,"abstract":"Chapter 5 starts with an analysis of the establishment and normalization of the European “bailout regime” in the Euro crisis. In 2010, member states of the Eurogroup and EU institutions devised exceptional emergency credit facilities and created the so-called troika to devise and implement harsh austerity measures in recipient states. A combination of rhetorical and institutional power advantages for the authority-holders explains why the regime was ratcheted up despite the widespread resistance of societal actors. Second, the chapter analyzes the European Central Bank’s (ECB) adoption of the role of a lender of last resort to sovereigns of the Eurozone. With the Securities Markets Programme in 2010, the ECB circumvented the monetary financing prohibition and began to intervene in the fiscal and economic policymaking of recipient states. While the Bank’s emergency measures were highly contentious, it successfully deployed arguments of necessity and functionality to stabilize and even ramp up its powers.","PeriodicalId":132567,"journal":{"name":"Emergency Powers of International Organizations","volume":"452 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122827966","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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