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Research Handbook on the Theory and Practice of International Lawmaking
The global landscape has changed profoundly over the past decades. As a result, the account of the making of international law based on the traditional theory of sources is increasingly challenged. This Handbook offers a comprehensive guide to the theory and practice of international law‐making today. It takes stock at both the conceptual and the empirical level of the instruments, processes, and actors involved in the making of international law. The book contains essays by leading scholars on key aspects of international law-making and on law-making in the main issue areas, with an interest in classic processes as well as new developments and shades of normativity.
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Critical Acclaim
Contributors
Contents
More Information
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.
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.
Critical Acclaim
‘A fascinating collection of essays that reveal the multiple facets of lawmaking in an increasingly interconnected world. In addition to the role played by States, numerous institutional and judicial actors now contribute to lawmaking. In charting these developments, this Handbook provides a rich analytical appraisal of the manifold normative processes in the contemporary international legal order.’
– Laurence Boisson de Chazournes, University of Geneva, Switzerland
''If any subject requires a guide, it is international lawmaking. Puzzling even to the experienced, yet critical to a proper understanding of contemporary order, lawmaking encompasses a startling array of participants, practices, subjects, doctrines, terms, institutions, theories, and goals across and at all levels of international society. Equal to the challenge, this Research Handbook cuts through the confusion and comprehensively and inclusively organizes and makes sense of the theory and practice of international lawmaking today.’
– Jacob Katz Cogan, University of Cincinnati College of Law, US
‘Based on a more or less inductive approach, the essays brought together in this Research Handbook together draw a coherent picture of the current state of affairs of international lawmaking. They do so by studying the various sources of international law; the role of a multitude of possible lawmakers, and by exploring several deeply regulated branches of international law. The result is a very useful Handbook on how and by whom international law is made.’
– Jan Klabbers, University of Helsinki, Finland
‘Despite much recent scholarly attention, the "making of international law" remains a fairly mysterious process. This collection of essays puts together the pieces of the puzzle. Combining inductive inquiries and theoretical reflections, it takes stock and highlights avenues for future research.’
– Christian J. Tams, University of Glasgow, UK
– Laurence Boisson de Chazournes, University of Geneva, Switzerland
''If any subject requires a guide, it is international lawmaking. Puzzling even to the experienced, yet critical to a proper understanding of contemporary order, lawmaking encompasses a startling array of participants, practices, subjects, doctrines, terms, institutions, theories, and goals across and at all levels of international society. Equal to the challenge, this Research Handbook cuts through the confusion and comprehensively and inclusively organizes and makes sense of the theory and practice of international lawmaking today.’
– Jacob Katz Cogan, University of Cincinnati College of Law, US
‘Based on a more or less inductive approach, the essays brought together in this Research Handbook together draw a coherent picture of the current state of affairs of international lawmaking. They do so by studying the various sources of international law; the role of a multitude of possible lawmakers, and by exploring several deeply regulated branches of international law. The result is a very useful Handbook on how and by whom international law is made.’
– Jan Klabbers, University of Helsinki, Finland
‘Despite much recent scholarly attention, the "making of international law" remains a fairly mysterious process. This collection of essays puts together the pieces of the puzzle. Combining inductive inquiries and theoretical reflections, it takes stock and highlights avenues for future research.’
– Christian J. Tams, University of Glasgow, UK
Contributors
Contributors: J. d’Aspremont, M.S. Barr, B.I. Bonafé, C. Brölmann, D. Costelloe, M. Fitzmaurice, M.E. Footer, G.I. Hernández, J. Kammerhofer, O. McIntyre, P. Palchetti, D. Patterson, Y. Radi, F. Romanin Jacur, K. Schmalenbach, O.M. Sender, M. Tignino, A. Tzanakopoulos, V.P. Tzevelekos, S. Vasiliev, I. Venzke, W.G. Werner, R.A. Wessel, M. Wood, B.K. Woodward
Contents
Contents:
Preface
Introduction: International Lawmaking in a Global World
Catherine Brölmann and Yannick Radi
PART I: THEORETICAL VIEWS OF INTERNATIONAL LAWMAKING
1. State Consent as Foundational Myth
Wouter G. Werner
2. Subjects and Actors in International Lawmaking: The Paradigmatic Divides in the Cognition of International Norm-Generating Processes
Jean d’Aspremont
3. Transnational Lawmaking
Dennis Patterson
4. Contemporary Theories and International Lawmaking
Ingo Venzke
PART II: INTERNATIONAL LAWMAKING IN AN INTER-STATE SETTING
5. Lawmaking by Treaty: Negotiation of Agreements and Adoption of Treaty Texts
Kirsten Schmalenbach
6. Lawmaking by Treaty: Conclusion of Treaties and Evolution of a Treaty Regimes in Practice
Daniel Costelloe and Malgosia Fitzmaurice
7. The Emergence of Customary International Law: Between Theory and Practice
Omri Sender and Michael Wood
8. Relying on General Principles in International Law
Beatrice I. Bonafé and Paolo Palchetti
PART III: INTERNATIONAL LAWMAKING BEYOND THE STATE
9. Institutional Lawmaking: The Emergence of a Global Normative Web
Ramses A. Wessel
10. International Judicial Lawmaking
Gleider I. Hernández
11. Domestic Judicial Lawmaking
Antonios Tzanakopoulos
12. Quasi-Judicial Bodies
Mara Tignino
13. International Lawmaking by Hybrid Bodies: The Case of Financial Regulation
Michael S. Barr
14. International Lawmaking and Civil Society
Barbara K. Woodward
15. Lawmaking by Scholars
Jörg Kammerhofer
PART IV: INTERNATIONAL LAWMAKING IN SELECTED ISSUE AREAS
16. The Making of International Human Rights Law
Vassilis P. Tzevelekos
17. The Making of International Criminal Law
Sergey Vasiliev
18. The Making of International Trade Law
Mary E. Footer
19. The Making of International Environmental Law
Francesca Romanin Jacur
20. The Making of International Natural Resources Law
Owen McIntyre
Index
Preface
Introduction: International Lawmaking in a Global World
Catherine Brölmann and Yannick Radi
PART I: THEORETICAL VIEWS OF INTERNATIONAL LAWMAKING
1. State Consent as Foundational Myth
Wouter G. Werner
2. Subjects and Actors in International Lawmaking: The Paradigmatic Divides in the Cognition of International Norm-Generating Processes
Jean d’Aspremont
3. Transnational Lawmaking
Dennis Patterson
4. Contemporary Theories and International Lawmaking
Ingo Venzke
PART II: INTERNATIONAL LAWMAKING IN AN INTER-STATE SETTING
5. Lawmaking by Treaty: Negotiation of Agreements and Adoption of Treaty Texts
Kirsten Schmalenbach
6. Lawmaking by Treaty: Conclusion of Treaties and Evolution of a Treaty Regimes in Practice
Daniel Costelloe and Malgosia Fitzmaurice
7. The Emergence of Customary International Law: Between Theory and Practice
Omri Sender and Michael Wood
8. Relying on General Principles in International Law
Beatrice I. Bonafé and Paolo Palchetti
PART III: INTERNATIONAL LAWMAKING BEYOND THE STATE
9. Institutional Lawmaking: The Emergence of a Global Normative Web
Ramses A. Wessel
10. International Judicial Lawmaking
Gleider I. Hernández
11. Domestic Judicial Lawmaking
Antonios Tzanakopoulos
12. Quasi-Judicial Bodies
Mara Tignino
13. International Lawmaking by Hybrid Bodies: The Case of Financial Regulation
Michael S. Barr
14. International Lawmaking and Civil Society
Barbara K. Woodward
15. Lawmaking by Scholars
Jörg Kammerhofer
PART IV: INTERNATIONAL LAWMAKING IN SELECTED ISSUE AREAS
16. The Making of International Human Rights Law
Vassilis P. Tzevelekos
17. The Making of International Criminal Law
Sergey Vasiliev
18. The Making of International Trade Law
Mary E. Footer
19. The Making of International Environmental Law
Francesca Romanin Jacur
20. The Making of International Natural Resources Law
Owen McIntyre
Index
