OXFORD UNIVERSITY PRESS

Informal International Lawmaking

ISBN : 9780199658589

参考価格(税込): 
¥21,912
著者: 
Joost Pauwelyn; Ramses A. Wessel; Jan Wouters
関連カテゴリー
ページ
584 ページ
フォーマット
Hardcover
サイズ
169 x 235 mm
刊行日
2012年09月
メール送信
印刷

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.

目次: 

An Introduction to Informal International Lawmaking
PART I - CONCEPTUAL APPROACHES TO INFORMAL INTERNATIONAL LAWMAKING
1. Informal International Lawmaking: Framing the Concept and Research Questions
2. The Legal Form and Status of Informal International Lawmaking Bodies
3. Informal International Lawmaking: A Conceptual View from International Relations
4. The Economics of Informal International Lawmaking: An Empirical Assessment
5. 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. Is It International Law Or Not and Does It Even Matter?
7. The Legal Nature of Informal International Law: A Legal Theoretical Exercise
8. From a Pluralization of International Norm-Making Processes to a Pluralization of Our Concept of International Law
9. Reflexive Butterfly Catching: Insights from a Situated Catcher
PART III - IMPACT OF INFORMAL INTERNATIONAL LAWMAKING
10. Impact of Informal International Law before International Courts and Tribunals
11. The Interaction Between Formal and Informal International Lawmaking
12. The Limits of Informal International Law: Enforcement, Norm-generation, and Learning in the International Competition Network
PART IV - ACCOUNTABILITY OF INFORMAL INTERNATIONAL LAWMAKING
13. Toward a Typology of Informal International Lawmaking: Mechanisms and their Distinct Accountability Gaps
14. Operationalizing the Accountability of Informal International Lawmaking
15. Towards an Index of Accountability for Informal International Lawmakers?
16. Informal Lawmaking and the Accountability of Private Governance
17. Making Informal International Law Accountable: Lessons from the EU
PART V- DOMESTIC ELABORATION AND IMPLEMENTATION OF INFORMAL INTERNATIONAL LAWMAKING
18. Domestic Public Authorities Within Global Networks: Institutional and Procedural Design, Accountability, and Review
19. Keeping Informal Lawmaking Domestically Accountable: Legal Impact and Accountability of Domestic Soft Law
20. U.S. Implementation of Basel II: Lessons for Informal International Lawmaking
21. 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

著者について: 

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 Liege and Kyushu University and Referendaire 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.

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