Search Results for "international-law-making"

International Law-making

International Law-making

Essays in Honour of Jan Klabbers

  • Author: Rain Liivoja,Jarna Petman
  • Publisher: Routledge
  • ISBN: 1135116059
  • Category: Law
  • Page: 384
  • View: 2518
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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.

Informal International Lawmaking

Informal International Lawmaking

  • Author: Joost Pauwelyn,Ramses Wessel,Jan Wouters
  • Publisher: Oxford University Press
  • ISBN: 0199658587
  • Category: Law
  • Page: 549
  • View: 8838
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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.

Change and Stability in International Law-Making

Change and Stability in International Law-Making

  • Author: Antonio Cassese,Joseph H. H. Weiler
  • Publisher: Walter de Gruyter
  • ISBN: 3110892677
  • Category: Law
  • Page: 224
  • View: 1116
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Research Handbook on the Theory and Practice of International Lawmaking

Research Handbook on the Theory and Practice of International Lawmaking

  • Author: Catherine Brölmann,Yannick Radi
  • Publisher: Edward Elgar Publishing
  • ISBN: 1781953228
  • Category: Law
  • Page: 512
  • View: 7904
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The global landscape has changed profoundly over the past decades. As a result, the making of international law and the way we think about it has become more and more diversified. This Research Handbook offers a comprehensive guide to the theory and practice of international lawmaking today. It takes stock at both the conceptual and the empirical levels of the instruments, processes, and actors involved in the making of international law. The editors have taken an approach which carefully combines theory and practice in order to provide both an overview and a critical reflection of international lawmaking. Comprehensive and well-structured, the book contains essays by leading scholars on key aspects of international lawmaking and on lawmaking in the main issue areas. Attention is paid to classic processes as well as new developments and shades of normativity. This timely and authoritative Handbook will be a valuable resource for academics, students, legal practitioners, diplomats, government and international organization officials as well as civil society representatives.

Developments of International Law in Treaty Making

Developments of International Law in Treaty Making

  • Author: Rudiger Wolfrum,Volker Röben
  • Publisher: Springer Science & Business Media
  • ISBN: 9783540252993
  • Category: Law
  • Page: 634
  • View: 3102
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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 Making of International Law

The Making of International Law

  • Author: Alan Boyle,Christine Chinkin
  • Publisher: OUP Oxford
  • ISBN: 0191021768
  • Category: Law
  • Page: 368
  • View: 3502
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This is a study of the principal negotiating processes and law-making tools through which contemporary international law is made. It does not seek to give an account of the traditional - and untraditional - sources and theories of international law, but rather to identify the processes, participants and instruments employed in the making of international law. It accordingly examines some of the mechanisms and procedures whereby new rules of law are created or old rules are amended or abrogated. It concentrates on the UN, other international organisations, diplomatic conferences, codification bodies, NGOs, and courts. Every society perceives the need to differentiate between its legal norms and other norms controlling social, economic and political behaviour. But unlike domestic legal systems where this distinction is typically determined by constitutional provisions, the decentralised nature of the international legal system makes this a complex and contested issue. Moreover, contemporary international law is often the product of a subtle and evolving interplay of law-making instruments, both binding and non-binding, and of customary law and general principles. Only in this broader context can the significance of so-called 'soft law' and multilateral treaties be fully appreciated. An important question posed by any examination of international law-making structures is the extent to which we can or should make judgments about their legitimacy and coherence, and if so in what terms. Put simply, a law-making process perceived to be illegitimate or incoherent is more likely to be an ineffective process. From this perspective, the assumption of law-making power by the UN Security Council offers unique advantages of speed and universality, but it also poses a particular challenge to the development of a more open and participatory process observable in other international law-making bodies.

Corporations and International Lawmaking

Corporations and International Lawmaking

  • Author: Stephen Tully
  • Publisher: BRILL
  • ISBN: 1571053727
  • Category: Law
  • Page: 508
  • View: 6854
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The classical model of international lawmaking posits governments as exclusively authoritative actors. However, commercially-oriented entities have long been protagonists within the prevailing international legal order, concluding contracts and resolving disputes with governments. Is the international legal personality of corporations undergoing further qualitative transformations ? Corporations influence the State practice constitutive of custom and create, refashion or challenge normative rules. The corporate willingness to fill legal lacunae where governments do not exercise their full regulatory responsibility is also observable through resort to alternative legal mechanisms. Corporations moreover contribute directly to treaty negotiations and occupy crucial roles during subsequent implementation. Indeed, an analysis of the access conditions and participatory modalities for non-State actors could support a right to participate under common international procedural law. Their substantive contributions are also evident when corporations participate in enforcing international law against governments through national courts, diplomatic protection (including the WTO) and arbitration (including NAFTA). However, the practice of intergovernmental organizations reveals several challenges including managing corporate interaction with developing country governments and other non-State actors. Acknowledging corporate contributions also has important implications for national regulatory autonomy, the ability of governments to mediate contested policy issues, the democratic legitimacy of the contemporary lawmaking process and an understanding of consent as the underlying basis for international law.

Sustainable Development in International Law Making and Trade

Sustainable Development in International Law Making and Trade

International Food Governance and Trade in Agriculture

  • Author: Elisabeth Bürgi Bonanomi
  • Publisher: Edward Elgar Publishing
  • ISBN: 1784717274
  • Category: Business & Economics
  • Page: 464
  • View: 2705
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This timely book provides an accessible insight into how the concept of sustainable development can be made operational through its translation into legal terms. Understood as a multidimensional legal principle, sustainable development facilitates coherent international law making. Using this notion as an analytical lens on the WTO Agreement on Agriculture, the book considers the unresolved question of what a sustainable and coherent agricultural trade agreement could look like.

Realism in Law-Making

Realism in Law-Making

Essays on International Law in Honour of Willem Riphagen

  • Author: Adriaan Bos,Hugo Siblesz,T. M. C. Asser Instituut
  • Publisher: BRILL
  • ISBN: 9789024733996
  • Category: Law
  • Page: 298
  • View: 3133
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Contents.

Law-Making in the International Community

Law-Making in the International Community

  • Author: Gennadiĭ Mikhaĭlovich Danilenko
  • Publisher: Martinus Nijhoff Publishers
  • ISBN: 9780792320395
  • Category: Law
  • Page: 343
  • View: 5247
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As the world approaches the end of the twentieth century it becomes clear that the global legal system governing relations between the members of the international community is passing through a period of profound change. The traditional lawmaking techniques, established largely at the beginning of this century, were constituted so as to provide for only gradual reforms within a limited and homogeneous community of states. Faced with a growing number of global problems, the international community has discovered that the traditional legal system lacks effective procedures for rapid generation of new international legal norms. "Law-Making in the International Community" examines to what extent the transformations in the social and the legal infrastructures of the international community have affected the traditional rules, determining how international law is to be made or changed. By focusing on actual state practice, official statements of governments and the pronouncements of the World Court, this book seeks to clarify the content and significance of the existing community consensus concerning the authoritative methods of lawmaking.

New trends in international lawmaking

New trends in international lawmaking

international "legislation" in the public interest : proceedings of an international symposium of the Kiel Walther-Schücking-Institute of International Law, March 6 to 8, 1996

  • Author: Ursula E. Heinz,Universität Kiel. Institut für Internationales Recht
  • Publisher: N.A
  • ISBN: N.A
  • Category: Law
  • Page: 230
  • View: 6152
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The World Court and the Contemporary International Law Making Process

The World Court and the Contemporary International Law Making Process

  • Author: Edward McWhinney
  • Publisher: BRILL
  • ISBN: 9789028609082
  • Category: Law
  • Page: 219
  • View: 1304
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Disaster response has been described as the last resort of the amateur: an unkind assessment but not without a grain of truth. Disaster generates an emotional response, & new disaster organisations are born with each new disaster. Lessons of the past on disaster management have to be learned anew. The need to increase the professionalism of disaster response is evident. All the more so as, in disaster terms, the world is getting worse, not better. Disasters become more complex, frequently involving the interaction of a disaster event, politics & technology. The last few years have also seen a growth in research into the area of disaster response. Too often, however, disaster researchers & disaster organisations have gone their separate ways. There is a need for these two groups to get together to devise more practical & professional approaches to disaster response. The World Disasters Report , produced by the International Federation of Red Cross & Red Crescent Societies with the Centre for Research on the Epidemiology of Disasters, is a contribution to this effort of professionalisation. It provides facts & statistics, analysis & an exploration of trends, to dispel a number of myths about disasters & to define & advocate good practice. This is the first volume of Annual Reports which will become a vital tool for all those involved in the area of disaster response.

Making the Law of the Sea

Making the Law of the Sea

A Study in the Development of International Law

  • Author: James Harrison
  • Publisher: Cambridge University Press
  • ISBN: 1139496190
  • Category: Law
  • Page: N.A
  • View: 2012
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The law of the sea is an important area of international law which must be able to adapt to the changing needs of the international community. Making the Law of the Sea examines how various international organizations have contributed to the development of this law and what kinds of instruments and law-making techniques have been used. Each chapter considers a different international institution - including the International Maritime Organization and the United Nations - and analyses its functions and powers. Important questions are posed about the law-making process, including what actors are involved and what procedures are followed. Potential problems for the development of the law of the sea are considered and solutions are proposed. In particular, James Harrison explores and evaluates the current methods employed by international institutions to coordinate their law-making activities in order to overcome fragmentation of the law-making process.

International Environmental Law-making and Diplomacy

International Environmental Law-making and Diplomacy

Insights and Overviews

  • Author: Tuomas Kuokkanen,Ed Couzens,Tuula Honkonen,Melissa Lewis
  • Publisher: Routledge
  • ISBN: 131753025X
  • Category: Law
  • Page: 224
  • View: 2872
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Bringing together contributions from diplomats, UN agency officials, lawyers and academics, this book provides insight into the evolution of international environmental law, diplomacy and negotiating techniques. Based on first-hand experiences and extensive research, the chapters offer a blend of practice and theory, history and analysis, presenting a range of historical episodes and nuances and drawing lessons for future improvements to the processes of law-making and diplomacy. The book represents a synthesis of the most important messages to emerge from the annual course on Multilateral Environmental Agreements, delivered to diplomats and negotiators from around the world for the last decade by the University of Eastern Finland and the United Nations Environment Programme. The book will be of interest as a guide for negotiators and as a supplementary textbook and a reference volume for a wide range of students of law and environmental issues.

Value Making in International Economic Law and Regulation

Value Making in International Economic Law and Regulation

Alternative Possibilities

  • Author: Donatella Alessandrini
  • Publisher: Routledge
  • ISBN: 1317385829
  • Category: Business & Economics
  • Page: 176
  • View: 3720
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This book examines the contemporary production of economic value in today’s financial economies. Much of the regulatory response to the global financial crisis has been based on the assumption that curbing the speculative ‘excesses’ of the financial sphere is a necessary and sufficient condition for restoring a healthy economic system, endowed with real values, as distinct from those produced by financial markets. How, though, can the ‘intrinsic’ value of goods and services produced in the sphere of the so-called real economy be disentangled from the ‘artificial’ value engineered within the financial sphere? Examining current projects of international legal regulation, this book questions the regulation of the financial sphere insofar as its excesses are juxtaposed to some notion of economic normality. Given the problem of neatly distinguishing these domains – and so, more generally, between economy and society, and production and social reproduction – it considers the limits of our current conceptualization of value production and measurement, with specific reference to arrangements in the areas of finance, trade and labour. Drawing on a range of innovative work in the social sciences, and attentive to the spatial and temporal connections that make the global economy, as well as the racial, gender and class articulations of the social reproductive field within it, it further asks: what alternative arrangements might be able to affect, and indeed alter, the value-making processes that underlie our current international regulatory framework?

United Nations Law Making

United Nations Law Making

Cultural and Ideological Relativism and International Law Making for an Era of Transition

  • Author: Edward McWhinney
  • Publisher: New York : Holmes & Meier Publishers
  • ISBN: N.A
  • Category: Law
  • Page: 274
  • View: 4536
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Judge Manfred Lachs and Judicial Law-Making

Judge Manfred Lachs and Judicial Law-Making

Opinions on the International Court of Justice, 1967-1993

  • Author: Edward MacWhinney,Manfred Lachs
  • Publisher: Martinus Nijhoff Publishers
  • ISBN: 9789041101259
  • Category: Law
  • Page: 387
  • View: 9474
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This volume, the second in the series "The Judges," which collects and synthesizes the opinions of leading international contemporary judges who have contributed significantly to the progressive development of international law, is devoted to the work of Judge Manfred Lachs, who was elected to the International Court of Justice in 1967. In his Foreword to the study, UN Secretary General Boutros Boutros-Ghali says of Lachs that His contribution to jurisprudence is especially noteworthy. He initiated a significant part of the jurisprudence of the Court in the area of human rights. He contributed to the formulation of the right to self-determination, helped to develop the law of the sea, and participated in the work of the Court in many other areas. But, above all, he was at the forefront of the most progressive battles of the Court, demonstrating great personal courage and great analytical rigour. As President of the Court, he showed a constant interest in improving its procedures and developing relations between the judicial organ and other organs of the United Nations.' Edward McWhinney's masterly essay, which precedes extracts from Manfred Lachs' Opinions and from some Judgements in which he played a crucial role, is essential reading for all those interested in the World Court, as well for Manfred Lachs' countless admirers, students and colleagues.

International Judicial Lawmaking

International Judicial Lawmaking

On Public Authority and Democratic Legitimation in Global Governance

  • Author: Armin Von Bogdandy,Ingo Venzke
  • Publisher: Springer Science & Business Media
  • ISBN: 3642295878
  • Category: Law
  • Page: 514
  • View: 9219
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Over the past two decades new international courts have entered the scene of international law and existing institutions have started to play more significant roles. The present volume studies one particular dimension of their increasing practice: international judicial lawmaking. It observes that in a number of fields of international law, judicial institutions have become significant actors and shape the law through adjudication. The contributions in this volume set out to capture this phenomenon in principle, in particular detail, and with regard to a number of individual institutions. Specifically, the volume asks how international judicial lawmaking scores when it comes to democratic legitimation. It formulates this question as part of the broader quest for legitimate global governance and places it within the context of the research project on the exercise of international public authority at the Max Planck Institute for Comparative Public Law and International Law.

A Scrap of Paper

A Scrap of Paper

Breaking and Making International Law during the Great War

  • Author: Isabel V. Hull
  • Publisher: Cornell University Press
  • ISBN: 0801470641
  • Category: History
  • Page: 352
  • View: 7447
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A century after the outbreak of the Great War, we have forgotten the central role that international law and the dramatically different interpretations of it played in the conflict’s origins and conduct. In A Scrap of Paper, Isabel V. Hull compares wartime decision making in Germany, Great Britain, and France, weighing the impact of legal considerations in each. Throughout, she emphasizes the profound tension between international law and military necessity in time of war, and demonstrates how differences in state structures and legal traditions shaped the way in which each of the three belligerents fought the war Hull focuses on seven cases in which each government’s response was shaped by its understanding of and respect for the law: Belgian neutrality, the land war in the west, the occupation of enemy territory, the blockade, unrestricted submarine warfare, the introduction of new weaponry (including poison gas and the zeppelin), and reprisals. Drawing on voluminous research in German, British, and French archives, the author reconstructs the debates over military decision making and clarifies the role played by law—where it constrained action, where it was manipulated to serve military need, where it was simply ignored, and how it developed in the crucible of combat. She concludes that Germany did not speak the same legal language as the two liberal democracies, with disastrous and far-reaching consequences. The first book on international law and the Great War published since 1920, A Scrap of Paper is a passionate defense of the role that the law must play to govern interstate relations in both peace and war.