The Making of International Law (Foundations of Public International Law),Used

The Making of International Law (Foundations of Public International Law),Used

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SKU: SONG0199213798
Brand: OXFORD UNIVERSITY PRESS
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This is a study of the principal negotiating processes and lawmaking tools through which contemporary international law is made. It does not seek to give an account of the traditional and untraditional sources and theories of international law, but rather to identify the processes, participants and instruments employed in the making of international law. It accordingly examines some of the mechanisms and procedures whereby new rules of law are created or old rules are amended or abrogated. It concentrates on the UN, other international organizations, diplomatic conferences, codification bodies, NGOs, and courts.Every society perceives the need to differentiate between its legal norms and other norms controlling social, economic and political behavior. But unlike domestic legal systems where this distinction is typically determined by constitutional provisions, the decentralized nature of the international legal system makes this a complex and contested issue. Moreover, contemporary international law is often the product of a subtle and evolving interplay of lawmaking instruments, both binding and nonbinding, and of customary law and general principles. Only in this broader context can the significance of socalled 'soft law' and multilateral treaties be fully appreciated.An important question posed by any examination of international lawmaking structures is the extent to which we can or should make judgments about their legitimacy and coherence, and if so in what terms. Put simply, a lawmaking process perceived to be illegitimate or incoherent is more likely to be an ineffective process. From this perspective, the assumption of lawmaking power by the UN Security Council offers unique advantages of speed and universality, but it also poses a particular challenge to the development of a more open and participatory process observable in other international lawmaking bodies.

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