Informal International Lawmaking
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Informal International Lawmaking
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Author : Joost Pauwelyn
language : en
Publisher: Oxford University Press
Release Date : 2012-09-27
Informal International Lawmaking written by Joost Pauwelyn and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-27 with Law categories.
Policy-makers, national administrations, and regulators engage in making laws without the formalities associated with treaties or customary law. This book analyses this informal international lawmaking and its impact on contemporary trends in international interaction, looking at the questions of accountability and effectiveness it raises.
Informal International Lawmaking
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Author : Berman Duquet Pauwelyn Wessel
language : en
Publisher: Torkel Opsahl Academic EPublisher
Release Date : 2012-12-24
Informal International Lawmaking written by Berman Duquet Pauwelyn Wessel and has been published by Torkel Opsahl Academic EPublisher this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-24 with Law categories.
Informal International Lawmaking: Case Studies compiles case studies on instances of informal international lawmaking (IN-LAW) in diverse policy areas, including finance, investment, competition, pharmaceuticals and medical device regulation, food regulation, human rights, disaster management, and trade in diamonds. The term 'informal' international lawmaking is used in contrast and opposition to 'traditional' international lawmaking. More concretely, IN-LAW is informal in the sense that it dispenses with certain formalities traditionally linked to international law. These formalities may have to do with the process, actors and output involved. The literature has mostly criticized IN-LAW for its 'accountability deficits'. The chapters in this book, hence, do not simply give a descriptive overview of the case studies, but approach them from an accountability perspective. In this context, different questions are raised, such as: Is IN-LAW subject to any accountability measures? How accountable are IN-LAW participants to their constituents? How accountable are they towards those affected by their decisions? Are the accountability measures available at the international or at the domestic level? The book also examines how IN-LAW is elaborated and subsequently received in domestic legal systems, using the Netherlands and Brazil as case studies.
Unconventional Lawmaking In The Law Of The Sea
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Author : Natalie Klein
language : en
Publisher: Oxford University Press
Release Date : 2022
Unconventional Lawmaking In The Law Of The Sea written by Natalie Klein and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Law of the sea categories.
Unconventional Lawmaking in the Law of the Sea explores the ways that actors operating at the international level develop standards of behaviour to regulate varied maritime activities beyond traditional lawmaking. This 'soft law' is now prolific in ocean governance, so it is vital to consider its significance for the law of the sea
Democracy In International Law Making
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Author : Salar Abbasi
language : en
Publisher: Routledge
Release Date : 2021-12-20
Democracy In International Law Making written by Salar Abbasi and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-20 with Law categories.
This book provides a critique of current international law-making and draws on a set of principles from Persian philosophers to present an alternative to influence the development of international law-making procedure. The work conceptualizes a substantive notion of democracy in order to regulate international law-making mechanisms under a set of principles developed between the twelfth and seventeenth centuries in Persia. What the author here names ‘democratic egalitarian multilateralism’ is founded on: the idea of ‘egalitarian law’ by Suhrawardi, the account of ‘substantial motion’ by Mulla Sadra, and the ideal of ‘intercultural dialectical democracy’ developed by Rūmī. Following a discussion of the conceptual flaws of the chartered and customary sources of international law, it is argued that ‘democratic egalitarian multilateralism’ could be a source for a set of principles to regulate the procedures through which international treaties are made as well as a criterion for customary international law-ascertainment. Presenting an alternative, drawn from a less dominant culture, to the established ideas of international law-making the book will be essential reading for researchers and academics working in public international law, history of law, legal theory, comparative legal theory, Islamic law, and history.
International Law Making
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Author : Rain Liivoja
language : en
Publisher: Routledge
Release Date : 2014-01-10
International Law Making written by Rain Liivoja and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-10 with Law categories.
This book explores law-making in international affairs and is compiled to celebrate the 50th birthday of Professor Jan Klabbers, a leading international law and international relations scholar who has made significant contributions to the understanding of the sources of international legal obligations and the idea of constitutionalism in international law. Inspired by Professor Klabbers’ wide-ranging interests in international law and his interdisciplinary approach, the book examines law-making through a variety of perspectives and seeks to breaks new ground in exploring what it means to think and write about law and its creation. While examining the substance of international law, these contributors raise more general concerns, such as the relationship between law-making and the application of law, the role and conflict between various institutions, and the characteristics of the formal sources of international law. The book will be of great interest to students and academics of legal theory, international relations, and international law.
Law Making And Legitimacy In International Humanitarian Law
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Author : Püschmann, Jonas
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-10-19
Law Making And Legitimacy In International Humanitarian Law written by Püschmann, Jonas and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-19 with Political Science categories.
International Humanitarian Law (IHL) is in a state of some turbulence, as a result of, among other things, non-international armed conflicts, terrorist threats and the rise of new technologies. This incisive book observes that while states appear to be reluctant to act as agents of change, informal methods of law-making are flourishing. Illustrating that not only courts, but various non-state actors, push for legal developments, this timely work offers an insight into the causes of this somewhat ambivalent state of IHL by focusing attention on both the legitimacy of law-making processes and the actors involved.
Transnational Lawmaking Coalitions For Human Rights
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Author : Nina Reiners
language : en
Publisher: Cambridge University Press
Release Date : 2021-12-02
Transnational Lawmaking Coalitions For Human Rights written by Nina Reiners and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-02 with Law categories.
Explores how expert bodies and non-state empowered professionals come together to shape human rights law.
Global Lawmakers
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Author : Susan Block-Lieb
language : en
Publisher: Cambridge University Press
Release Date : 2017-10-26
Global Lawmakers written by Susan Block-Lieb and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-26 with Law categories.
Lawmaking by international organizations has enormous influence over world trade and national economies. This book explores who makes that law and how.
Developments Of International Law In Treaty Making
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Author : Rudiger Wolfrum
language : en
Publisher: Springer Science & Business Media
Release Date : 2005-03-29
Developments Of International Law In Treaty Making written by Rudiger Wolfrum and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-03-29 with Law categories.
The book explores the various means of making non-conventional/non-treaty law and the cross-cutting issues that they raise. Law-making by technical/informal expert bodies, Conferences of Parties, international organizations, the UN Security Council, regional organizations and arrangements and non-state actors is examined in turn. This forms the basis for the analysis of the complementarity of international treaty law, customary international law and non-traditional law-making, potential subject matters of non-treaty law-making, domestic consequences of non-treaty law-making, proliferation of actors, commissions and treaty bodies of the UN system, and International courts and tribunals.
The International Rule Of Law
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Author : Heike Krieger
language : en
Publisher: Oxford University Press
Release Date : 2019-08-07
The International Rule Of Law written by Heike Krieger and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-07 with Law categories.
This edited volume examines the role of international law in a changing global order. Can we, under the current significantly changing conditions, still observe an increasing juridification of international relations based on a universal understanding of values? Or are we, to the contrary, facing a tendency towards an informalization or a reformalization of international law, or even an erosion of international legal norms? Would it be appropriate to revisit classical elements of international law in order to react to structural changes, which may give rise to a more polycentric or non-polar world order? Or are we simply observing a slump in the development towards an international rule of law based on a universal understanding of values? In eleven chapters, distinguished scholars reflect on how to approach these questions from historical, system-oriented and actor-centered perspectives. The contributions engage with the rise of European international law since the 17th century, the decay of the international rule of law, compliance as an indicator for the state of international law, international law and informal law-making in times of populism, the rule of environmental law and complex problems, human rights in Europe in a hostile environment, the influence of the BRICS states on international law, the impact of non-state actors on international law, international law's contribution to global justice, the contestation of value-based norms and the international rule of law in light of legitimacy claims.