Research handbook on the theory and practice of international lawmaking / edited by Catherine Brölmann, Yannick Radi.

Format:

Book

Contributor:

Brölmann, Catherine, editor.

Radi, Yannick, editor.

Series:

Research handbooks in international law.

Research handbooks in international law

Language:

English

Subjects (All):

International law--Interpretation and construction.

International law.

Treaties--Interpretation and construction.

Treaties.

Physical Description:

1 online resource (502 p.)

Place of Publication:

Cheltenham, England ; Northampton, Massachusetts : Edward Elgar Publishing, 2016.

Summary:

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.

Contents:

Front Matter; Copyright; Contents; Extended table of contents; Contributors; Preface; Introduction: International lawmaking in a global world; PART I THEORETICAL VIEWS OF INTERNATIONAL LAWMAKING; 1. State consent as foundational myth; 2. Subjects and actors in international lawmaking: The paradigmatic divides in the cognition of international norm-generating processes; 3. Transnational lawmaking; 4. Contemporary theories and international lawmaking; PART II INTERNATIONAL LAWMAKING IN AN INTER-STATE SETTING; 5. Lawmaking by treaty: Negotiation of agreement sand adoption of treaty texts

6. Lawmaking by treaty: Conclusion of treaties and evolution of treaty regimes in practice7. The emergence of customary international law: Between theory and practice; 8. Relying on general principles in international law; PART III INTERNATIONAL LAWMAKING BEYOND THE STATE; 9. Institutional lawmaking: The emergence of a global normative web; 10. International judicial lawmaking; 11. Domestic judicial lawmaking; 12. Quasi-judicial bodies; 13. International lawmaking by hybrid bodies: The case of financial regulation; 14. International lawmaking and civil society; 15. Lawmaking by scholars

PART IV INTERNATIONAL LAWMAKING IN SELECTED ISSUE AREAS16. The making of international human rights law; 17. The making of international criminal law; 18. The making of international trade law; 19. The making of international environmental law; 20. The making of international natural resources law; Index

Notes:

Includes index.

Includes bibliographical references and index.

Description based on print version record.

ISBN:

1-78195-322-8