Of Planets and the Universe: Self-contained Regimes in International Law

Simma, Bruno; Pulkowski, Dirk

doi:10.1093/ejil/chl015

Cited by 301 publications

(44 citation statements)

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“…To understand the concept of pluralism we have to imagine the world populated with a large number of entities: states, international regimes (Koskenniemi and Leino 2002, Simma and Pulkowski 2006, Young 2012, transnational organizations and networks, private-public partnerships etc. Some of these entities interact with other entities in the system some of the time, and they increasingly interact with each other in ways that connect multiple levels of organization: sub-state, national and international.…”

Section: Pluralist Post-national World Ordermentioning

confidence: 99%

Post-national (international) law at the end of history

Ajevski

2016

Int Polit Rev

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The post Cold War world has seen the rise of Global Governance, a governance by international institutions that increasingly manage to bypass the traditional mechanisms of international law-making and, more importantly domestic procedures of incorporation. This has put into question the legitimacy of the international legal order for which legal scholars have put forward proposals for reform -a post-national legal order. What they see is the democratic deficit of global governance and propose models of legal order that try to fix it. However, what they do not justify is their basic assumption: why democracy (and equality and rights) in a world that is increasingly rejecting it? By not justifying this assumption legal scholars have withdrawn themselves from the next ideological debate: why are democracy and rights the best alternatives for a future legal order.

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Section: Pluralist Post-national World Ordermentioning

confidence: 99%

Post-national (international) law at the end of history

Ajevski

2016

Int Polit Rev

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“…56 Recently it raised its tone a notch and even suggested that a failure to do 53 On the akin concept of "semantic fights", 838 (1987), ("The judgment represents the quintessential form of authorized, public, official speech which is spoken in the name of and to everyone. 3(2) DSU (providing that "[t]he dispute settlement of the WTO is a central element in providing security and predictability to the multilateral trading system") to argue that previous reports on a subject matter "create legitimate expectations among WTO Members, and, therefore, should be taken into account where they are relevant to any dispute."…”

Section: International Judicial Lawmaking As An Exercise Of Publmentioning

confidence: 99%

“…3(2) DSU (providing that "[t]he dispute settlement of the WTO is a central element in providing security and predictability to the multilateral trading system") to argue that previous reports on a subject matter "create legitimate expectations among WTO Members, and, therefore, should be taken into account where they are relevant to any dispute." 56 Appellate Body Report, Japan -Taxes on Alcoholic Beverages, WT/DS 8, 10 and 11/AB/R, 4 October 1996, 14-15. so by a panel might amount to a violation of the obligation to conduct an objective assessment of the matter before it. These performative utterances … formulated by authorized agents acting on behalf of the collectivity, are magical acts which succeed because they have the power to make themselves universally recognized.…”

Section: International Judicial Lawmaking As An Exercise Of Publmentioning

confidence: 99%

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International Judicial Lawmaking

Bogdandy

Venzke²

2012

Beiträge Zum Ausländischen Öffentlichen Recht Und Völkerrecht

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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.'

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“…63 If the alleged passivity of the authorities could be confirmed, russia would incur responsibility for all the damages caused to the turkish diplomatic premises.…”

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confidence: 99%