Chapter

The Regime of Competence Allocation

Alexander Orakhelashvili

in Collective Security

Published in print March 2011 | ISBN: 9780199579846
Published online May 2011 | e-ISBN: 9780191725302 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199579846.003.0004
The Regime of Competence Allocation

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This chapter examines the policy and principles of competence allocation as between the UN and regional organizations. There are multiple policy considerations as to why the relevant institution should engage with or stay out of the pertinent crisis. These include closeness to the crisis, socio-political and ideological affiliations, or the availability of resources. Policy considerations are however elusive and open-ended, and resort has to be made to normative and quasi-normative principles of competence allocation that are either enshrined in constitutive instruments of collective security institutions or derive their essence therefrom. Chapter 3 consequently examines the principles of complementarity and subsidiarity that explain much of the area of collaboration and confrontation between institutions. After this, the chapter examines the scope and reach of competence allocation clauses under constituent instruments, the relevance of regional attitudes in formation of the UN position in relation to relevant crises, and claims in practice as to the autonomy of some organizations from others.

Keywords: complementarity; subsidiarity; competence allocation; regional attitudes; autonomy; regional organizations

Chapter.  30674 words. 

Subjects: Public International Law

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