WYKONYWANIE KOMPETENCJI PRAWOTWÓRCZYCH PRZEZ ORGANIZACJE MIĘDZYNARODOWE W RAMACH SYSTEMU CONTRACTING OUT
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Date
2008
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Wydział Prawa i Administracji UAM
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EXERCISING OF COMPETENCES BY INTERNATIONAL ORGANISATIONS TO MAKE LAWS UNDER THE CONTRACTING OUT SYSTEM
Abstract
The deliberations included in the paper relate to the issue of international organisations
exercising their competences by to make laws under the contracting out system and focus on the
regulatory activity of the International Civil Aviation Organisation (ICAO), the World Health
Organisation (WHO) and the World Meteorological Organisation (WMO). The types and composition
of organs that adopt law making resolutions, the legal character and binding force o f those resolutions
and a detailed manner in which they are passed have been analysed.
The main conclusion is that law making competences are not the exclusive domain of highly
institutionalised and integrated international organisations such as the European Union, but are also
enjoyed by universal specialist organisations within the structures of the United National Organisation.
The effect of those competences is a significant number of law making resolutions regulating
such important matters as civil air transport or health protection. The paper also contains certain
criticism indicating, inter alia, the difficulty for the legislation to keep pace with technological
development, legislative mess, lack of transparency in law-making procedures, and last though not
least, insufficient use of the available law-making instruments.
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Ruch Prawniczy, Ekonomiczny i Socjologiczny 70, 2008, z. 4, s. 29-45