International Judicial Lawmaking

Abstract

The global landscape has changed profoundly over the past decades. As a result, the account of the making of international law based on the traditional theory of sources is increasingly challenged. This Handbook offers a comprehensive guide to the theory and practice of international law?making today. It takes stock at both the conceptual and the empirical level of the instruments, processes, and actors involved in the making of international law. The book contains essays by leading scholars on key aspects of international law-making and on law-making in the main issue areas, with an interest in classic processes as well as new developments and shades of normativity.'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.' -Laurence Boisson de Chazournes, University of Geneva, Switzerland '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.' -Jacob Katz Cogan, University of Cincinnati College of Law, US '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.' -Jan Klabbers, University of Helsinki, Finland '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.'