Research Handbook on the Theory and Practice of International Lawmaking: (Research Handbooks in International Law series)

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. Contributors: M.S. Barr, B.I. Bonafé, C. Brölmann, D. Costelloe, J. d'Aspremont, M. Fitzmaurice, M.E. Footer, G.I. Hernández, J. Kammerhofer, O. McIntyre, P. Palchetti, D. Patterson, Y. Radi, F. Romanin Jacur, K. Schmalenbach, O.M. Sender, M. Tignino, A. Tzanakopoulos, V.P. Tzevelekos, S. Vasiliev, I. Venzke, W.G. Werner, R.A. Wessel, M. Wood, B.K. Woodward

Table of Contents:
Contents: Preface Introduction: International Lawmaking in a Global World Catherine Brölmann 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 Regimes in Practice Daniel Costelloe and Malgosia Fitzmaurice 7. The Emergence of Customary International Law: Between Theory and Practice Omri Sender and Michael Wood 8. Relying on General Principles in International Law Beatrice I. Bonafé 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. Hernández 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 Jörg 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

About the Author :
Edited by Catherine Brölmann, University of Amsterdam, the Netherlands and Yannick Radi, University of Louvain (UCLouvain), Belgium

Review :
‘A fascinating collection of essays that reveal the multiple facets of lawmaking in an increasingly interconnected world. In addition to the role played by States, numerous institutional and judicial actors now contribute to lawmaking. In charting these developments, this Handbook provides a rich analytical appraisal of the manifold normative processes in the contemporary international legal order.’ 'If any subject requires a guide, it is international lawmaking. Puzzling even to the experienced, yet critical to a proper understanding of contemporary order, lawmaking encompasses a startling array of participants, practices, subjects, doctrines, terms, institutions, theories, and goals across and at all levels of international society. Equal to the challenge, this Research Handbook cuts through the confusion and comprehensively and inclusively organizes and makes sense of the theory and practice of international lawmaking today.’ ‘Based on a more or less inductive approach, the essays brought together in this Research Handbook together draw a coherent picture of the current state of affairs of international lawmaking. They do so by studying the various sources of international law; the role of a multitude of possible lawmakers, and by exploring several deeply regulated branches of international law. The result is a very useful Handbook on how and by whom international law is made.’ ‘Despite much recent scholarly attention, the "making of international law" remains a fairly mysterious process. This collection of essays puts together the pieces of the puzzle. Combining inductive inquiries and theoretical reflections, it takes stock and highlights avenues for future research.’