In the international law of the 21st century, more and more
regulation comes in the form of post-treaty rules. Developed in
environmental law, this trend increasingly spreads to areas ranging
from tobacco regulation to arms trade. This book offers the first
systematic examination of these decisions, resolutions and
recommendations adopted by treaty bodies, to assess their
effectiveness. The study shows that the authority of such rules is
in question as, in practice, treaty parties retain almost complete
discretion when it comes to their implementation. This conclusion
gives rise to two key questions. To what extent does this ambiguous
authority affect adherence to procedural principles like legal
certainty, non-arbitrariness and the duty to state reasons? And can
the legitimacy of the process and content of post-treaty rules fill
the gaps in their authority? In assessing these questions, the
study shines a light on this crucial but neglected area in
international law scholarship and forms a starting point for
improvements and reform.
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