Research handbook on the theory and practice of international lawmaking
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Bibliographic Information
Research handbook on the theory and practice of international lawmaking
(Research handbooks in international law)
Edward Elgar, c2016
- : cased
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Includes index
Description and Table of Contents
Description
'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 book provides a rich analytical appraisal of the manifold normative processes in the contemporary international legal order.'
- Laurence Boisson de Chazournes, University of Geneva, SwitzerlandThe 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.
Contributors: M.S. Barr, B.I. Bonafe, C. Broelmann, D. Costelloe, J. d'Aspremont, M. Fitzmaurice, M.E. Footer, G.I. Hernandez, 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
Table of Contents
Contents:
Preface
Introduction: International Lawmaking in a Global World
Catherine Broelmann 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. Bonafe 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. Hernandez
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
Joerg 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
by "Nielsen BookData"