The Enforcement Authority of International Institutions

Röben, Volker

doi:10.1007/978-3-642-04531-8_28

Cited by 7 publications

(4 citation statements)

References 7 publications

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“…Moreover, to assume the obligation of assisting the ISA, the sponsoring state has to know which aspects of an international organization need the assistance of a state, i.e., shortcomings of the international organization in regulating a private actor. As is known, the international organization has limited mechanisms to enforce compliance, such as persuasion, incentives, disincentives, force, and legally binding sanctions [9] (p. 837). The enforceable power of the ISA is related to its oversight mandate.…”

Section: Sponsoring State's Competence and Regulatory Focusmentioning

confidence: 99%

Potential Contribution of Sponsoring State and Its National Legislation to the Deep Seabed Mining Regime

Xue

2021

Sustainability

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Companies and legal persons intending to conduct activities in the Area must be sponsored by a State Party of the UNCLOS, which constitute a “dual-track mechanism” with ISA as a primary regulator and sponsoring state as a secondary regulator. This regime setting places companies and legal persons subject to international and national legislation simultaneously. The sponsoring state’s national legislation is thus an integrated part of the DSM regime. This resolves the defects that private entities in DSM are not subject to international law and weak enforcement of international organizations. However, UNCLOS neither draws a clear line of competence between the sponsoring state and the ISA nor provides compulsory components that national legislation should contain, resulting in the disparity between the objective of the establishment of sponsorship and the status quo of the sponsoring state’s role and its national legislation. This paper analyzes the competence of a sponsoring state and regulatory aspects it should focus on to assist the ISA and further proposes such components of the national legislation contributing to the DSM regime.

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Section: Sponsoring State's Competence and Regulatory Focusmentioning

confidence: 99%

Potential Contribution of Sponsoring State and Its National Legislation to the Deep Seabed Mining Regime

Xue

2021

Sustainability

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“…EU agencies and networks being involved in the direct enforcement of EU law, however, may further complicate conceptualizations of the EU as an international organization. One characteristic of international law, after all, is that it commonly lacks a comprehensive set of centralized executive enforcement mechanisms -mechanisms that traditionally only existed in national systems ( Röben, 2010). The United Nations' Security Council was exceptional in this respect, but generally, enforcement of international law was limited to enforcement vis-à-vis contracting states ( Philpott, 2020).…”

Section: Implications Of New Institutions For Eu Policy Enforcementmentioning

confidence: 99%

“…Vervaele, 1999). Another part of the literature defines enforcement in terms of the function it serves, such as ensuring compliance (Röben, 2010;Versluis, 2003), while many others do not provide an (explicit) definition of the concept at all.…”

Section: Eu Policy Enforcementmentioning

confidence: 99%

“…I see EU policy enforcement as public action aimed at preventing or responding to emergencies or violations of EU norms by private actors ( Röben, 2010). This public action typically involves the use of legal powers for 'monitoring, investigating and sanctioning violations of substantive norms' (Vervaele, 1999;Adriaanse et al, 2008), but may also involve other types of activity.…”

Section: Eu Policy Enforcementmentioning

confidence: 99%

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EU policy enforcement through EU agencies and networks of national authorities

van Kreij

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This PhD thesis is about the involvement of EU agencies and EU networks of national authorities in the enforcement of EU policy. For several decades the EU's member states were the primary enforcers of EU regulation vis-à-vis citizens and companies. Increasingly, however, EU policies are also being enforced by EU agencies and EU networks of national authorities. This thesis revolves around the question: why do EU legislators establish these EU agencies and EU networks of national authorities for the enforcement of EU policies, and why do they differentiate between them? This question is answered through case studies of enforcement in four policy areas: the regulation of civil aviation airworthiness, civil aviation incident investigation, the regulation of medical devices, and the regulation of medicines. This multidisciplinary and comparative thesis relies on insights from both political sciences and legal academic literature, and leads to more insight in the enforcement of EU policy, the politics of the EU, and the EU in its entirety.

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Towards a Comprehensive Framework for Understanding EU Enforcement Regimes

Kreij¹

2019

Eur. j. risk regul.

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Next to Member States, European Union (EU) level organisations have come to play a larger role in enforcement in the EU during the last two decades. Analysing the roles of Member States, networks of national authorities and EU agencies in this stage of the policy cycle through multiple academic lenses could lead to a more comprehensive understanding and assessment of their design. This article sets elementary steps towards a framework that brings together prominent theoretical insights from the legal and political disciplines, to discuss their combined leverage for understanding the EU legislator's choice for these enforcement regimes.

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The Enforcement Authority of International Institutions

Cited by 7 publications

References 7 publications

Potential Contribution of Sponsoring State and Its National Legislation to the Deep Seabed Mining Regime

Potential Contribution of Sponsoring State and Its National Legislation to the Deep Seabed Mining Regime

EU policy enforcement through EU agencies and networks of national authorities

Towards a Comprehensive Framework for Understanding EU Enforcement Regimes

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