Search Results for "international-law-making"

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: 9285
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Informal International Lawmaking

Informal International Lawmaking

  • Author: Joost Pauwelyn,Ramses Wessel,Jan Wouters
  • Publisher: Oxford University Press
  • ISBN: 0199658587
  • Category: Law
  • Page: 549
  • View: 6713
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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.

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: 8886
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Contents.

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: 9546
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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.

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: 332
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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.

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: 8793
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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.

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: 7403
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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.

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: 3825
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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.

Global Civil Society in International Lawmaking and Global Governance

Global Civil Society in International Lawmaking and Global Governance

Theory and Practice

  • Author: Barbara Woodward
  • Publisher: BRILL
  • ISBN: 9004185828
  • Category: Law
  • Page: 632
  • View: 9968
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Drawing upon ‘global governance,’ ‘global civil society’ (GCS) and ‘international lawmaking’ scholarship and presenting studies of GCS practice in international lawmaking processes, including treaty-making, conferences, international organisations and adjudicatory mechanisms, this book comprehensively re-evaluates GCS’s role in public international lawmaking.

Corporations and International Lawmaking

Corporations and International Lawmaking

  • Author: Stephen Tully
  • Publisher: BRILL
  • ISBN: 1571053727
  • Category: Law
  • Page: 508
  • View: 9397
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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.

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: 772
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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.

Transparency in International Law

Transparency in International Law

  • Author: Andrea Bianchi
  • Publisher: Cambridge University Press
  • ISBN: 1107021383
  • Category: Law
  • Page: 642
  • View: 5224
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While its importance in domestic law has long been acknowledged, transparency has until now remained largely unexplored in international law. This study of transparency issues in key areas such as international economic law, environmental law, human rights law and humanitarian law brings together new and important insights on this pressing issue. Contributors explore the framing and content of transparency in their respective fields with regard to proceedings, institutions, law-making processes and legal culture, and a selection of cross-cutting essays completes the study by examining transparency in international law-making and adjudication.

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: 454
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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.

International Economic Organizations in the International Legal Process

International Economic Organizations in the International Legal Process

  • Author: Sergei a Voitovich
  • Publisher: Martinus Nijhoff Publishers
  • ISBN: 9780792327660
  • Category: Political Science
  • Page: 199
  • View: 1614
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Voitovich presents a clear and lucid discussion of the manner and form in which international economic organizations (IEOs) participate in two main stages of the international legal process: law making and law implementation. The book is based on normative instruments and fragments of practice of about fifty IEOs. In order to ensure a proper and timely realization of their normative acts, IEOs exercise a number of law implementing functions which are subject to a thorough comparative examination. The author concludes that existing IEOs, not being ideal institutional models, possess a sufficient arsenal of law implementing instruments to make a considerable impact on the international legal regulations in the economic field. The book will be of interest to academics and economic political scientists.

Non-State Actor Dynamics in International Law

Non-State Actor Dynamics in International Law

From Law-Takers to Law-Makers

  • Author: Dr Math Noortmann,Professor Cedric Ryngaert
  • Publisher: Ashgate Publishing, Ltd.
  • ISBN: 1409499898
  • Category: Law
  • Page: 222
  • View: 7286
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Non-state actors have always been treated with ambivalence in the works of international law. While their empirical existence is widely acknowledged and their impact and influence uncontested, non-state actors are still not in the centre of international legal research. The idea that non-state actors are not law-makers, however, stands in sharp contrast with the growing notion of non-state actors as law-takers. This book examines the position of non-state actors in international law as law-makers and law-takers and questions whether these different positions can or should be separated from each other. Each contribution reveals both the political and normative aspects of the question as well as the positivistic possibilities and constraints to accommodate non-state actors as law-takers and law-makers in the contemporary international legal system. Altogether, each expert reveals that the position of non-state actors in international law is not a fixed one but changes with the functional and theoretical perspectives of the observer. Non-State Actor Dynamics in International Law is a welcomed addition to an under researched field of legal study. An indispensable read to scholars and policy makers wishing to gain new insights into general discourse on non-state actors in international law and the process of norm formation in the international realm.

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: 9723
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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.

Epistemic Forces in International Law

Epistemic Forces in International Law

  • Author: Jean d'Aspremont
  • Publisher: Edward Elgar Publishing
  • ISBN: 178195528X
  • Category: Law
  • Page: 288
  • View: 1963
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Epistemic Forces in International Law examines the methodological choices of international lawyers through considering theories of statehood, sources, institutions and law-making. From this examination, Jean d'Aspremont presents a discerning insigh

Interdisciplinary Perspectives on International Law and International Relations

Interdisciplinary Perspectives on International Law and International Relations

The State of the Art

  • Author: Jeffrey L. Dunoff,Mark A. Pollack
  • Publisher: Cambridge University Press
  • ISBN: 1107020743
  • Category: Law
  • Page: 680
  • View: 3805
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This book brings together the most influential contemporary writers in the fields of international law and international relations to take stock of what we know about the making, interpretation, and enforcement of international law. The contributions to this volume critically explore what recent interdisciplinary work reveals about the design and workings of international institutions, the various roles played by international and domestic courts, and the factors that enhance compliance with international law.

International Law in Transition

International Law in Transition

Essays in Memory of Judge Nagendra Singh

  • Author: Nagendra Singh,R. S. Pathak,Ramaa Prasad Dhokalia
  • Publisher: Martinus Nijhoff Publishers
  • ISBN: 9780792317159
  • Category: Law
  • Page: 369
  • View: 3652
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The essays in this volume, written in memory of Judge Nagendra Singh are centred around the theme of International Law in Transition'. The international legal system has been in transition ever since the end of the Second World War, and it can be argued that a new' international law has emerged, different from traditional Eurocentric law, and comprising legal principles and standards of behaviour acceptable to all States, irrespective of their ideological, economic or political systems. Innovations in international law have been brought about in response to contemporary needs, demands and aspirations within the global community, to fill gaps in the existing law, and in order to bring it into some accord with radically new societal conditions. Distinguished scholars, jurists and judges from around the world have contributed essays to this thought-provoking book.

Principles of International Environmental Law

Principles of International Environmental Law

  • Author: Philippe Sands
  • Publisher: Cambridge University Press
  • ISBN: 9780521521062
  • Category: Law
  • Page: 1116
  • View: 3272
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Revised edition includes all new developments since 1994, including all international case-law and international legislation.