Informal International Lawmaking by Joost PauwelynInformal International Lawmaking by Joost Pauwelyn

Informal International Lawmaking

EditorJoost Pauwelyn, Ramses Wessel, Jan Wouters

Hardcover | November 1, 2012

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Informal international lawmaking is a term used to describe the process by which new international legal norms are created outside of the normal fora for negotiation. The outcomes of these processes are not codified in treaties or conventions and thus remain non-binding. They are alsocharacterized by the involvement of non-traditional actors, such as regulators and agencies. 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 oftenclaimed, 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, andinternational 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 tobenefit from the effectiveness of informal international lawmaking without jeopardizing the accountability necessary in the process of making law.
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 and Spalding LLP. Ramses A. Wessel is Professor of the Law of the European Union and o...
Title:Informal International LawmakingFormat:HardcoverDimensions:640 pages, 9.21 × 6.14 × 0.03 inPublished:November 1, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199658587

ISBN - 13:9780199658589

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Table of Contents

Joost Pauwelyn, Ramses Wessel and Jan Wouters: An Introduction to Informal International LawmakingPart I - Conceptual Approaches to Informal International Lawmaking1. Joost Pauwelyn: Informal International Lawmaking: Framing the Concept and Research Questions2. Ayelet Berman and Ramses Wessel: The Legal Form and Status of Informal International Lawmaking Bodies3. Liliana Andonova and Manfred Elsig: Informal International Lawmaking: A Conceptual View from International Relations4. Stefan Voigt: The Economics of Informal International Lawmaking: An Empirical Assessment5. Philipp Dann and Marie v. Engelhardt: Legal Approaches to Global Governance and Accountability: Informal Lawmaking, International Public Authority, and Global Administrative Law ComparedPart II - Legal Nature of Informal International Lawmaking6. 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 Exercise8. Jean d'Aspremont: From a Pluralization of International Norm-Making Processes to a Pluralization of Our Concept of International Law9. Andrea Bianchi: Reflexive Butterfly Catching: Insights from a Situated CatcherPart III - Impact of Informal International Lawmaking10. Jan Klabbers: Impact of Informal International Law before International Courts and Tribunals11. Gregory Shaffer and Mark Pollack: The Interaction Between Formal and Informal International Lawmaking12. Yane Svetiev: The Limits of Informal International Law: Enforcement, Norm-generation, and Learning in the International Competition NetworkPart IV - Accountability of Informal International Lawmaking13. Eyal Benvenisti: Toward a Typology of Informal International Lawmaking: Mechanisms and their Distinct Accountability Gaps14. Tim Corthaut, Bruno Demeyere, Nicholas Hachez and Jan Wouters: Operationalizing the Accountability of Informal International Lawmaking15. Fabian Amtenbrink: Towards an Index of Accountability for Informal International Lawmakers?16. Harm Schepel: Informal Lawmaking and the Accountability of Private Governance17. Ellen Vos: Making Informal International Law Accountable: Lessons from the EUPart V- Domestic Elaboration and Implementation of Informal International Lawmaking18. Lorenzo Casini: Domestic Public Authorities Within Global Networks: Institutional and Procedural Design, Accountability, and Review19. Alexandre Fluckiger: Keeping Informal Lawmaking Domestically Accountable: Legal Impact and Accountability of Domestic Soft Law20. Pierre-Hugues Verdier: U.S. Implementation of Basel II: Lessons for Informal International Lawmaking21. Ayelet Berman: The Role of Domestic Administrative Law in the Accountability of Informal International Lawmaking: The Case of the ICHJoost Pauwelyn, Ramses Wessel and Jan Wouters: Informal International Lawmaking: An Assessment and Template to Keep it Both Effective and Accountable