Home >
Law >
International Law >
Making of International Law

Making of International Law

Author: Alan Boyle; Christine Chinkin
Publisher: Oxford University Press
ISBN: 9780199213795
Published In: February 2007
Format: Paperback , 368 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

Out of stock

Description
Contents
Author
Reviews

Details

Examines a wide range of traditional and new law-making processes, providing an insight into the sources of international law
Blends empirical research and theoretical analysis
Analyses topical issues like the legitimacy of law created by supranational bodies such as the UN, NGOs, and diplomatic conferences

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.

Readership: Scholars, and advanced students of international law, and international relations; International law practitioners; Foreign ministries; international governmental organisations and non-governmental organisations.

1: Introduction
2: Participants in International Law-making
3: Multilateral Law-making Processes
4: Codification and Progressive Development of International law
5: Law-making Instruments
6: The Role of Courts

Alan Boyle, Professor of Public International Law, University of Edinburgh, and Christine Chinkin, Professor of International Law, LSE; Overseas Affiliated Faculty Member, University of Michigan

"This book is an ideal short introduction to the subject for advanced undergraduate and postgraduate students." - King's Law Journal