INFORMAL INTERNATIONAL LAW-MAKING C

Erscheinungsjahr 2012
ISBN: 978-0-19-965858-9
Verlag: ACADEMIC

Buch, Englisch, 580 Seiten, Format (B × H): 161 mm x 240 mm, Gewicht: 1024 g

Many international norms that have emerged in recent years are not set out in formal treaties. They are not concluded in formal international organizations. They frequently involve actors other than formal state representatives. In the realm of finance, health, security, or the environment, international lawmaking is increasingly 'informal': It takes place in networks or loosely organized fora; it involves a multitude of stakeholders including regulators, experts, professional organizations and other non-state actors; it leads to guidelines, standards or best practices. 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.

Autoren/Hrsg.

Pauwelyn, Joost

Wessel, Ramses

Wouters, Jan

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Öffentliches Recht, Völkerrecht, Internationale Organisationen
• Sozialwissenschaften Politikwissenschaft Internationale Beziehungen
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Strafrecht, Internationales Verfahrensrecht

Inhaltsverzeichnis

- An Introduction to Informal International Lawmaking

- Part I - Conceptual Approaches to Informal International Lawmaking

- 1.  : Joost Pauwelyn: Informal International Lawmaking: Framing the Concept and Research Questions

- 2.  : Ayelet Berman and Ramses Wessel: The Legal Form and Status of Informal International Lawmaking Bodies

- 3.  : Liliana Andonova and Manfred Elsig: Informal International Lawmaking: A Conceptual View from International Relations

- 4.  : Stefan Voigt: The Economics of Informal International Lawmaking: An Empirical Assessment

- 5.  : Philipp Dann and Marie v. Engelhardt: 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.  : Joost Pauwelyn: Is It International Law Or Not and Does It Even Matter?

- 7.  : Dick W.P. Ruiter and Ramses Wessel: The Legal Nature of Informal International Law: A Legal Theoretical Exercise

- 8.  : Jean d'Aspremont: From a Pluralization of International Norm-Making Processes to a Pluralization of Our Concept of International Law

- 9.  : Andrea Bianchi: Reflexive Butterfly Catching: Insights from a Situated Catcher

- Part III - Impact of Informal International Lawmaking

- 10.  : Jan Klabbers: Impact of Informal International Law before International Courts and Tribunals

- 11.  : Gregory Shaffer and Mark Pollack: The Interaction Between Formal and Informal International Lawmaking

- 12.  : Yane Svetiev: The Limits of Informal International Law: Enforcement, Norm-generation, and Learning in the International Competition Network

- Part IV - Accountability of Informal International Lawmaking

- 13.  : Eyal Benvenisti: Toward a Typology of Informal International Lawmaking: Mechanisms and their Distinct Accountability Gaps

- 14.  : Tim Corthaut, Bruno Demeyere, Nicholas Hachez and Jan Wouters: Operationalizing the Accountability of Informal International Lawmaking

- 15.  : Fabian Amtenbrink: Towards an Index of Accountability for Informal International Lawmakers?

- 16.  : Harm Schepel: Informal Lawmaking and the Accountability of Private Governance

- 17.  : Ellen Vos: Making Informal International Law Accountable: Lessons from the EU

- Part V- Domestic Elaboration and Implementation of Informal International Lawmaking

- 18.  : Lorenzo Casini: Domestic Public Authorities Within Global Networks: Institutional and Procedural Design, Accountability, and Review

- 19.  : Alexandre Flückiger: Keeping Informal Lawmaking Domestically Accountable: Legal Impact and Accountability of Domestic Soft Law

- 20.  : Pierre-Hugues Verdier: U.S. Implementation of Basel II: Lessons for Informal International Lawmaking

- 21.  : Ayelet Berman: 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

Über Autor(innen)

Wessel, Ramses
Ramses A. Wessel is Professor of the Law of the European Union and other International Organizations and Co-Director of the Centre for European Studies, University of Twente, the Netherlands. He is Senior Research Fellow of the University's Institute for Innovation and Governance Studies (IGS). His additional functions include: Member of the standing Governmental Advisory Committee on Issues of Public International Law (CAVV); Member of the Governing Board of the Centre for the Law of EU External Relations (CLEER) in The Hague; Editor-in-Chief and founder of the International Organizations Law Review; Editor-in-Chief of the Dutch journal and yearbook on peace and security, Vrede en Veiligheid; and member of the Editorial Board of the Netherlands Yearbook of International Law and the Internationale Spectator.

Pauwelyn, Joost
Joost Pauwelyn is Professor of International Law at the Graduate Institute of International and Development Studies in Geneva. He is also Co-Director of the Centre for Trade and Economic Integration (CTEI) and Senior Advisor with the law firm of King & Spalding LLP.

Wouters, Jan
Jan Wouters is Professor of International Law and International Organizations, Jean Monnet Chair Ad Personam EU and Global Governance, and Director of the Leuven Centre for Global Governance Studies and Institute for International Law at the University of Leuven (KU Leuven). He studied law and philosophy in Antwerp and at Yale University (LL.M., 1990), was a Visiting Researcher at Harvard Law School and obtained his PhD at the University of Leuven (1996). Jan Wouters is Visiting Professor at the College of Europe and practises law as Of Counsel at Linklaters. He is Member of the Royal Flemish Academy of Belgium for Sciences and Arts. Professor Wouters taught at the Universities of Antwerp and Maastricht, was Visiting Professor at Liège and Kyushu University and Référendaire at the European Court of Justice (1991-1994). He is Editor of International Encyclopedia of Intergovernmental Organizations and Vice-Director of Revue belge de droit international.

Joost Pauwelyn is Professor of International Law at the Graduate Institute of International and Development Studies in Geneva. He is also Co-Director of the Centre for Trade and Economic Integration (CTEI) and Senior Advisor with the law firm of King & Spalding LLP.

Ramses A. Wessel is Professor of the Law of the European Union and other International Organizations and Co-Director of the Centre for European Studies, University of Twente, the Netherlands. He is Senior Research Fellow of the University's Institute for Innovation and Governance Studies (IGS). His additional functions include: Member of the standing Governmental Advisory Committee on Issues of Public International Law (CAVV); Member of the Governing Board of the Centre for the Law of EU External Relations (CLEER) in The Hague; Editor-in-Chief and founder of the International Organizations Law Review; Editor-in-Chief of the Dutch journal and yearbook on peace and security, Vrede en Veiligheid; and member of the Editorial Board of the Netherlands Yearbook of International Law and the Internationale Spectator.

Jan Wouters is Professor of International Law and International Organizations, Jean Monnet Chair Ad Personam EU and Global Governance, and Director of the Leuven Centre for Global Governance Studies and Institute for International Law at the University of Leuven (KU Leuven). He studied law and philosophy in Antwerp and at Yale University (LL.M., 1990), was a Visiting Researcher at Harvard Law School and obtained his PhD at the University of Leuven (1996). Jan Wouters is Visiting Professor at the College of Europe and practises law as Of Counsel at Linklaters. He is Member of the Royal Flemish Academy of Belgium for Sciences and Arts. Professor Wouters taught at the Universities of Antwerp and Maastricht, was Visiting Professor at Liège and Kyushu University and Référendaire at the European Court of Justice (1991-1994). He is Editor of International Encyclopedia of Intergovernmental Organizations and Vice-Director of Revue belge de droit international.