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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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International Law-making: Essays in Honour of Jan Klabbers

Edited by: Rain Liivoja, Jarna Petman

ISBN13: 9780415659567
Published: December 2013
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £90.00
Paperback edition , ISBN13 9781138937611

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This volume explores law-making in international affairs. It has been compiled to celebrate the occasion of the 50th birthday of Professor Jan Klabbers, a leading international law and international relations scholar, who has made a significant contribution to the understanding of the sources of international obligations and the idea of constitutionalism in international law. Inspired by Professor Klabbers wide-ranging interests in international law, his determined disregard for disciplinary boundaries and his often provocative views, the book looks at law-making in a colourful variety of different ways and occasionally seeks to push the envelope in terms of what it means to think and write about law and its making. The book includes contributions from respected legal scholars including Eyal Benevisiti, James Crawford, Malgozia Fitzmaurice, Martti Koskenniemi, Bruno Simma and Geir Ulfstein.

The first part of the book attempts to situate, on the most abstract and theoretical level, the notion of law-making into a philosophical, historical, social, linguistic and literary context. The second section looks at some of the processes of law-making, the institutions involved and the sometimes unclear divide between law and non-law. Topics covered include: global administrative law; law-making in the EU; regionalism and international law, domestic legal systems and international law; and informal law-making and the changing nature of law in global governance. The third and final part of the book the problems of law-making in particular areas, such as human rights, the law of the sea, environmental law, the law of state responsibility, international humanitarian law, and international criminal law. But while these contributions do look at the 'substance', as it were, of international law, they raise more general concerns, such as the relationship between law-making and the application of law, the role of various institutions and the potential for conflict between them and the characteristics of the formal sources of international law.

Public International Law
Preface, Rain Liivoja and Jarna Petman
Part 1: Legislation and Globalisation
1.Legislating for Humanity: May states compel foreigners to promote global interests?, Eyal Benvenisti
2. Declaratory Legislation: Towards a genealogy of neoliberal legalism, Martti Koskenniemi
3. Legalism and the 'Dark' Side of Global Governance, Friedrich Kratochwil,
4. Global Legislation and its Discontents, Gianluigi Palombella
5. Informal International Law as Presumptive Law: Exploring new modes of law-making, Joost Pauwelyn, Ramses A. Wessel and Jan Wouters
6. Mankind's Territory and the Limits of International Law-making, Wouter Werner

Part 2: Domestic and International
7. (International) Law!, Inger Osterdahl
8. Perspectivism in Law, Kaarlo Tuori
9. Law-making through Comparative International Law? Rethinking the role of domestic law in the international legal system, Rene Uruena

Part 3: Institutions and Participations
10. International Responsibility and Problematic Law-making, Katja Creutz
11. Law-making and International Environmental Law: The legal character of decisions of conferences of the parties, Malgosia Fitzmaurice
12. In Search of a Voice: EU law constraints on member states in international law-making, Panos Koutrakos
13. 'In Principle the Full Review': What justice for Mr Kadi?, Paivi Leino
14. Law-making by Human Rights Treaty Bodies, Geir Ulfstein Part 4: Uncertainties and Gaps
15. Peremptory Law-making, Enzo Cannizzaro
16. Law-making and the Law of the Sea: The BP Deepwater Horizon oil spill in the Gulf of Mexico, James E. Hickey Jr.
17. Slowly but Surely? The challenge of the responsibility to protect, Marja Lehto
18. Treaties, Custom and Universal Jusrisdiction, Rain Liivoja
19. Making the Right Choice: Constructing rules for antiterrorist operations, Jarna Petman