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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 (Paperback, New)
Loot Price: R2,570
Discovery Miles 25 700
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The Making of International Law (Paperback, New)
Series: Foundations of Public International Law
Expected to ship within 10 - 15 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 organizations,
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 decentralized 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 SecurityCouncil 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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