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Informal International Lawmaking

Edited by: Joost Pauwelyn, Ramses Wessel, Jan Wouters

ISBN13: 9780199658589
Published: October 2012
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £95.00



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Informal international lawmaking is a term used to describe the process by which new international legal norms are created outside of the normal fora for negotiation. The outcomes of these processes are not codified in treaties or conventions and thus remain non-binding. They are also characterized by the involvement of non-traditional actors, such as regulators and agencies.

This book critically assesses the concept of informal international lawmaking, its legal nature, and impact at the national and international level. It examines whether it is on the rise, as is often claimed, and if so, what the implications of this are. It addresses what actors are involved in its creation, the processes utilized, and the informal output produced.

The book frames informal international lawmaking around three axes: output informality (novel types of norms), process informality (norm-making in networks outside international organizations), and actor informality (the involvement of public agencies and regulators, private actors, and international organizations).

Fundamentally, the book is concerned with whether this informality causes problems in terms of keeping transnational lawmaking accountable. By empirically analysing domestic processes of norm elaboration and implementation, the book addresses the key question of how to benefit from the effectiveness of informal international lawmaking without jeopardizing the accountability necessary in the process of making law.

Subjects:
Public International Law
Contents:
An Introduction to Informal International Lawmaking

PART I - CONCEPTUAL APPROACHES TO INFORMAL INTERNATIONAL LAWMAKING
1. Informal International Lawmaking: Framing the Concept and Research Questions
2. The Legal Form and Status of Informal International Lawmaking Bodies
3. Informal International Lawmaking: A Conceptual View from International Relations
4. The Economics of Informal International Lawmaking: An Empirical Assessment
5. Legal Approaches to Global Governance and Accountability: Informal Lawmaking, International Public Authority, and Global Administrative Law Compared

PART II - LEGAL NATURE OF INFORMAL INTERNATIONAL LAWMAKING
6. Is It International Law Or Not and Does It Even Matter?
7. The Legal Nature of Informal International Law: A Legal Theoretical Exercise
8. From a Pluralization of International Norm-Making Processes to a Pluralization of Our Concept of International Law
9. Reflexive Butterfly Catching: Insights from a Situated Catcher

PART III - IMPACT OF INFORMAL INTERNATIONAL LAWMAKING
10. Impact of Informal International Law before International Courts and Tribunals
11. The Interaction Between Formal and Informal International Lawmaking
12. The Limits of Informal International Law: Enforcement, Norm-generation, and Learning in the International Competition Network

PART IV - ACCOUNTABILITY OF INFORMAL INTERNATIONAL LAWMAKING
13. Toward a Typology of Informal International Lawmaking: Mechanisms and their Distinct Accountability Gaps
14. Operationalizing the Accountability of Informal International Lawmaking
15. Towards an Index of Accountability for Informal International Lawmakers?
16. Informal Lawmaking and the Accountability of Private Governance
17. Making Informal International Law Accountable: Lessons from the EU

PART V- DOMESTIC ELABORATION AND IMPLEMENTATION OF INFORMAL INTERNATIONAL LAWMAKING
18. Domestic Public Authorities Within Global Networks: Institutional and Procedural Design, Accountability, and Review
19. Keeping Informal Lawmaking Domestically Accountable: Legal Impact and Accountability of Domestic Soft Law
20. U.S. Implementation of Basel II: Lessons for Informal International Lawmaking
21. The Role of Domestic Administrative Law in the Accountability of Informal International Lawmaking: The Case of the ICH
Informal International Lawmaking: An Assessment and Template to Keep it Both Effective and Accountable