Informal International Lawmaking

Author: Joost Pauwelyn
Editor: Oxford University Press
ISBN: 0199658587
Size: 17,68 MB
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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.

Informal International Lawmaking

Author: Joost Pauwelyn
Editor: OUP Oxford
ISBN: 0191633178
Size: 10,81 MB
Format: PDF, Mobi
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Many international norms that have emerged in recent years are not set out in formal treaties. They are not concluded in formal international organizations. They frequently involve actors other than formal state representatives. In the realm of finance, health, security, or the environment, international lawmaking is increasingly 'informal': It takes place in networks or loosely organized fora; it involves a multitude of stakeholders including regulators, experts, professional organizations and other non-state actors; it leads to guidelines, standards or best practices. This book critically assesses the concept of informal international lawmaking, its legal nature, and impact at the national and international level. It examines whether it is on the rise, as is often claimed, and if so, what the implications of this are. It addresses what actors are involved in its creation, the processes utilized, and the informal output produced. The book frames informal international lawmaking around three axes: output informality (novel types of norms), process informality (norm-making in networks outside international organizations), and actor informality (the involvement of public agencies and regulators, private actors, and international organizations). Fundamentally, the book is concerned with whether this informality causes problems in terms of keeping transnational lawmaking accountable. By empirically analysing domestic processes of norm elaboration and implementation, the book addresses the key question of how to benefit from the effectiveness of informal international lawmaking without jeopardizing the accountability necessary in the process of making law.

Informal International Lawmaking

Author: Ayelet Berman Et Al.
Editor: Torkel Opsahl Academic Epublisher
ISBN: 9788293081845
Size: 15,47 MB
Format: PDF, ePub
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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.

International Law Making

Author: Rain Liivoja
Editor: Routledge
ISBN: 1135116059
Size: 10,82 MB
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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.

Global Lawmakers

Author: Susan Block-Lieb
Editor: Cambridge University Press
ISBN: 1107187583
Size: 11,36 MB
Format: PDF, Kindle
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Global lawmaking by international organizations holds the potential for enormous influence over world trade and national economies. Representatives from states, industries, and professions produce laws for worldwide adoption in an effort to alter state lawmaking and commercial behaviors, whether of giant multi-national corporations or micro, small and medium-sized businesses. Who makes that law and who benefits affects all states and all market players. Global Lawmakers offers the first extensive empirical study of commercial lawmaking within the United Nations. It shows who makes law for the world, how they make it, and who comes out ahead. Using extensive and unique data, the book investigates three episodes of lawmaking between the late 1990s and 2012. Through its original socio-legal orientation, it reveals dynamics of competition, cooperation and competitive cooperation within and between international organizations, including the UN, World Bank, IMF and UNIDROIT, as these IOs craft international laws. Global Lawmakers proposes an original theory of international organizations that seek to construct transnational legal orders within social ecologies of lawmaking. The book concludes with an appraisal of creative global governance by the UN in international commerce over the past fifty years and examines prospective challenges for the twenty-first century.

Research Handbook On The Theory And Practice Of International Lawmaking

Author: Catherine Brölmann
Editor: Edward Elgar Publishing
ISBN: 1781953228
Size: 16,42 MB
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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

Author: Rudiger Wolfrum
Editor: Springer Science & Business Media
ISBN: 9783540252993
Size: 12,11 MB
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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.

Building A Treaty On Business And Human Rights

Author: Surya Deva
Editor: Cambridge University Press
ISBN: 1108187757
Size: 10,33 MB
Format: PDF
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The calls for an international treaty to elaborate the human rights obligations of transnational corporations and other business enterprises have been rapidly growing, due to the failures of existing regulatory initiatives in holding powerful business actors accountable for human rights abuses. In response, Building a Treaty on Business and Human Rights explores the context and content of such a treaty. Bringing together leading academics from around the world, this book engages with several key areas: the need for the treaty and its scope; the nature and extent of corporate obligations; the role of state obligations; and how to strengthen remedies for victims of human rights violations by business. It also includes draft provisions for a proposed treaty to advance the debate in this contentious area and inform future treaty negotiations. This book will appeal to those interested in the fields of corporate social responsibility and business and human rights.

The Treatment Of Prisoners Under International Law

Author: Nigel Rodley
Editor: Oxford University Press on Demand
ISBN: 0199215073
Size: 20,78 MB
Format: PDF
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This book deals with atrocities that are committed against people who cannot defend themselves: torture, murder, enforced disappearance. It also deals with similar practices such as corporal punishment and the death penalty. It incorporates a lot of new material including treaties and case law from international and national courts.