The Making of International Law
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Making of International Law by Alan Boyle
Book DescriptionThis 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.
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Book DetailsISBN: 9780199213795
(230mm x 150mm x 20mm)
Imprint: Oxford University Press
Publisher: Oxford University Press
Publish Date: 22-Feb-2007
Country of Publication: United Kingdom
Books By Author Alan Boyle
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Case for Pluto, Hardback (November 2009)
Pluto is endearing. People identify with it, and had strong emotional reactions when, in 2006, it was demoted from planet status. This book will tell the story of its discovery, how it became a cultural object, and why, in fact, it should still be considered a planet.
International Law and the Environment, Paperback (January 2009)
International Law and the Environment continues to provide the definitive account of the core principles in international law concerning environmental protection. This edition expands on topical issues such as Genetically Modified Organisms and biotechnology, as well as offering new material on the International Maritime Organisation and NGO's.
Making of International Law, Hardback (February 2007)» View all books by Alan Boyle
Presents a study of the principal negotiating processes and law-making tools by which international law is developed. This book looks at the UN, other international organisations, diplomatic conferences, codification bodies, NGOs, and courts in identifying the processes, participants and instruments employed in the making of international law.
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Author Biography - Alan Boyle
Alan Boyle is Professor of Public International Law at the University of Edinburgh. He is co-author of International Law and the Environment and was General Editor of the ICLQ from 1998 until 2006. He is a barrister and also practises in international courts and tribunals. Christine Chinkin is Professor of International Law, LSE, Overseas Affiliated Faculty Member, University of Michigan and an academic member of Matrix Chambers. She is Director of Studies of the International Law association. Her co-authored work with Hilary Charlesworth, The Boundaries of International Law: A Feminist Analysis (2000) was awarded the American Society of International Law's Certificate of Merit for an 'outstanding contribution to scholarship.'
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