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Vol 21 No 11 Nov/Dec 2016

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Research Handbook on the Theory and Practice of International Lawmaking

Edited by: Catherine Brolmann, Yannick Radi

ISBN13: 9781781953211
Published: April 2016
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £180.00



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The 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.

Subjects:
Public International Law
Contents:
Contents
Preface

Introduction: International Lawmaking in a Global World Catherine Brolmann and Yannick Radi

PART I: THEORETICAL VIEWS OF INTERNATIONAL LAWMAKING
1. State Consent as Foundational Myth Wouter G Werner
2. Subjects and Actors in International Lawmaking: The Paradigmatic Divides in the Cognition of International Norm Generating Processes Jean d'Aspremont
3. Transnational Lawmaking Dennis Patterson
4. Contemporary Theories and International Lawmaking Ingo Venzke

PART II: INTERNATIONAL LAWMAKING IN AN INTER-STATE SETTING
5. Lawmaking by Treaty: Negotiation of Agreements and Adoption of Treaty Texts Kirsten Schmalenbach
6. Lawmaking by Treaty: Conclusion of Treaties and Evolution of a Treaty Regime in PracticeDaniel Costelloe and Malgosia Fitzmaurice
7. The Emergence of Customary International Law: Between Theory and PracticeOmri Sender and Michael Wood
8. Relying on General Principles in International Law Beatrice I Bonafe and Paolo Palchetti

PART III: INTERNATIONAL LAWMAKING BEYOND THE STATE
9. Institutional Lawmaking: The Emergence of a Global Normative Web Ramses A Wessel
10. International Judicial Lawmaking Gleider I Hernandez
11. Domestic Judicial Lawmaking Antonios Tzanakopoulos
12. Quasi-Judicial Bodies Mara Tignino
13. International Lawmaking by Hybrid Bodies: The Case of Financial Regulation Michael S Barr
14. International Lawmaking and Civil Society Barbara K Woodward
15. Lawmaking by Scholars Jorg Kammerhofer

PART IV: INTERNATIONAL LAWMAKING IN SELECTED ISSUE AREAS
16. The Making of International Human Rights Law Vassilis P Tzevelekos
17. The Making of International Criminal Law Sergey Vasiliev
18. The Making of International Trade Law Mary E Footer
19. The Making of International Environmental Law Francesca Romanin Jacur
20. The Making of International Natural Resources Law Owen McIntyre
Index