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'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 book provides a rich analytical appraisal of the manifold
normative processes in the contemporary international legal order.'
- Laurence Boisson de Chazournes, University of Geneva,
SwitzerlandThe 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. Bonafe, C.
Broelmann, D. Costelloe, J. d'Aspremont, M. Fitzmaurice, M.E.
Footer, G.I. Hernandez, 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
This book deals with the nature of international organisations and
the tension between their legal nature and the system of classic,
state-based international law. This tension is important in theory
and practice, particularly when organisations are brought under the
rule of international law and have to be conceptualised as legal
subjects, for example in the context of accountability. The
position of organisations is complicated by what the author terms
'the institutional veil', comparable to the corporate veil found in
corporate law. The book focuses on the law of treaties, as this
pre-eminently 'horizontal' branch of international law brings out
the problem particularly clearly. The first part of the book
addresses the legal phenomenon of international organisations,
their legal features as independent concepts, the history of
international organisations and of legal thought in respect of
them, and the development of contemporary law on international
organisations. The second part deals with the practice of
international organisations and treaty-making. It discusses
treaty-making practice within organisations, judicial practice in
interpretation of organisations' constitutive treaties, and the
practice of treaty-making by organisations. The third and final
part analyses the process by which international organisations have
been brought under the rule of the written law of treaties,
offering a practical application of the conceptual framework as
previously set out. Part three is at the same time an analytic
overview of the drafting history of the 1986 Vienna Convention on
the Law of Treaties between States and International Organizations
or between International Organizations. This is a profound and
penetrating examination of the character of international
organisations and their place in international law, and will be an
important source for anyone interested in the future role of
organisations in the international legal system.
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