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Books > Law > International law > Public international law > Treaties & other sources of international law
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The Making of International Law (Hardcover, New)
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The Making of International Law (Hardcover, New)
Series: Foundations of Public International Law
Expected to ship within 12 - 17 working days
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This is a study of the principal negotiating processes and
law-making tools through which contemporary international law is
made. It does not seek to give an account of the traditional - and
untraditional - sources and theories of international law, but
rather to identify the processes, participants and instruments
employed in the making of international law. It accordingly
examines some of the mechanisms and procedures whereby new rules of
law are created or old rules are amended or abrogated. It
concentrates on the UN, other international organisations,
diplomatic conferences, codification bodies, NGOs, and courts.
Every society perceives the need to differentiate between its legal
norms and other norms controlling social, economic and political
behaviour. But unlike domestic legal systems where this distinction
is typically determined by constitutional provisions, the
decentralised nature of the international legal system makes this a
complex and contested issue. Moreover, contemporary international
law is often the product of a subtle and evolving interplay of
law-making instruments, both binding and non-binding, and of
customary law and general principles. Only in this broader context
can the significance of so-called 'soft law' and multilateral
treaties be fully appreciated. An important question posed by any
examination of international law-making structures is the extent to
which we can or should make judgments about their legitimacy and
coherence, and if so in what terms. Put simply, a law-making
process perceived to be illegitimate or incoherent is more likely
to be an ineffective process. From this perspective, the assumption
of law-making power by the UN Security Council offers unique
advantages of speed and universality, but it also poses a
particular challenge to the development of a more open and
participatory process observable in other international law-making
bodies.
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