The Making of International Law

Nonfiction, Reference & Language, Law, International, Social & Cultural Studies, Political Science
Cover of the book The Making of International Law by Alan Boyle, Christine Chinkin, OUP Oxford
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Alan Boyle, Christine Chinkin ISBN: 9780191021763
Publisher: OUP Oxford Publication: February 22, 2007
Imprint: OUP Oxford Language: English
Author: Alan Boyle, Christine Chinkin
ISBN: 9780191021763
Publisher: OUP Oxford
Publication: February 22, 2007
Imprint: OUP Oxford
Language: English

This is a study of the principal negotiating processes and law-making 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 organisations, 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 behaviour. But unlike domestic legal systems where this distinction is typically determined by constitutional provisions, the decentralised 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 law-making instruments, both binding and non-binding, and of customary law and general principles. Only in this broader context can the significance of so-called 'soft law' and multilateral treaties be fully appreciated. An important question posed by any examination of international law-making 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 law-making process perceived to be illegitimate or incoherent is more likely to be an ineffective process. From this perspective, the assumption of law-making 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 law-making bodies.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

This is a study of the principal negotiating processes and law-making 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 organisations, 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 behaviour. But unlike domestic legal systems where this distinction is typically determined by constitutional provisions, the decentralised 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 law-making instruments, both binding and non-binding, and of customary law and general principles. Only in this broader context can the significance of so-called 'soft law' and multilateral treaties be fully appreciated. An important question posed by any examination of international law-making 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 law-making process perceived to be illegitimate or incoherent is more likely to be an ineffective process. From this perspective, the assumption of law-making 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 law-making bodies.

More books from OUP Oxford

Cover of the book Global Cartels Handbook by Alan Boyle, Christine Chinkin
Cover of the book The Classic Horror Stories by Alan Boyle, Christine Chinkin
Cover of the book William Blake and the Myth of America by Alan Boyle, Christine Chinkin
Cover of the book Demosthenes the Orator by Alan Boyle, Christine Chinkin
Cover of the book Notebooks by Alan Boyle, Christine Chinkin
Cover of the book Copenhagen Tales by Alan Boyle, Christine Chinkin
Cover of the book Class, Politics, and the Decline of Deference in England, 1968-2000 by Alan Boyle, Christine Chinkin
Cover of the book Bridging the Gender Gap by Alan Boyle, Christine Chinkin
Cover of the book What Should I Do? by Alan Boyle, Christine Chinkin
Cover of the book Rheumatology and the Kidney by Alan Boyle, Christine Chinkin
Cover of the book Democratic Dialogue and the Constitution by Alan Boyle, Christine Chinkin
Cover of the book Oxford Companion to the English Language by Alan Boyle, Christine Chinkin
Cover of the book Bullying and Behavioural Conflict at Work by Alan Boyle, Christine Chinkin
Cover of the book Self Impression by Alan Boyle, Christine Chinkin
Cover of the book Wandering in Darkness by Alan Boyle, Christine Chinkin
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy