Research Handbook on the Theory and Practice of International Lawmaking by Cathe

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This Research Handbook offers a comprehensive guide to the theory and practice of international lawmaking today. 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.

FORMATHardcover LANGUAGEEnglish CONDITIONBrand New Publisher Description

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.Contributors: M.S. Barr, B.I. Bonafé, C. Brölmann, D. Costelloe, J. d'Aspremont, 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

Author Biography

Edited by Catherine Brölmann, University of Amsterdam, the Netherlands and Yannick Radi, University of Louvain (UCLouvain), Belgium

Table of Contents

Contents:PrefaceIntroduction: International Lawmaking in a Global WorldCatherine Brölmann and Yannick RadiPART I: THEORETICAL VIEWS OF INTERNATIONAL LAWMAKING1. State Consent as Foundational MythWouter G. Werner2. Subjects and Actors in International Lawmaking: The Paradigmatic Divides in the Cognition of International Norm-Generating ProcessesJean d'Aspremont3. Transnational LawmakingDennis Patterson4. Contemporary Theories and International LawmakingIngo VenzkePART II: INTERNATIONAL LAWMAKING IN AN INTER-STATE SETTING5. Lawmaking by Treaty: Negotiation of Agreements and Adoption of Treaty TextsKirsten Schmalenbach6. Lawmaking by Treaty: Conclusion of Treaties and Evolution of a Treaty Regimes in PracticeDaniel Costelloe and Malgosia Fitzmaurice7. The Emergence of Customary International Law: Between Theory and PracticeOmri Sender and Michael Wood8. Relying on General Principles in International LawBeatrice I. Bonafé and Paolo PalchettiPART III: INTERNATIONAL LAWMAKING BEYOND THE STATE9. Institutional Lawmaking: The Emergence of a Global Normative WebRamses A. Wessel10. International Judicial LawmakingGleider I. Hernández11. Domestic Judicial LawmakingAntonios Tzanakopoulos12. Quasi-Judicial BodiesMara Tignino13. International Lawmaking by Hybrid Bodies: The Case of Financial RegulationMichael S. Barr14. International Lawmaking and Civil SocietyBarbara K. Woodward15. Lawmaking by ScholarsJörg KammerhoferPART IV: INTERNATIONAL LAWMAKING IN SELECTED ISSUE AREAS16. The Making of International Human Rights LawVassilis P. Tzevelekos17. The Making of International Criminal LawSergey Vasiliev18. The Making of International Trade LawMary E. Footer19. The Making of International Environmental LawFrancesca Romanin Jacur20. The Making of International Natural Resources LawOwen McIntyreIndex

Review

'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

Review Quote

'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.'

Details ISBN178195321X Pages 512 Publisher Edward Elgar Publishing Ltd ISBN-10 178195321X ISBN-13 9781781953211 Publication Date 2016-04-29 Language English Year 2016 Format Hardcover DEWEY 341 Imprint Edward Elgar Publishing Ltd Place of Publication Cheltenham Country of Publication United Kingdom AU Release Date 2016-04-29 NZ Release Date 2016-04-29 UK Release Date 2016-04-29 Author Yannick Radi Series Research Handbooks in International Law series Edited by Yannick Radi Audience Postgraduate, Research & Scholarly We've got this

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