ABSTRACT

This book explores law-making in international affairs and is compiled to celebrate the 50th birthday of Professor Jan Klabbers, a leading international law and international relations scholar who has made significant contributions to the understanding of the sources of international legal obligations and the idea of constitutionalism in international law. Inspired by Professor Klabbers’ wide-ranging interests in international law and his interdisciplinary approach, the book examines law-making through a variety of perspectives and seeks to breaks new ground in exploring what it means to think and write about law and its creation.

While examining the substance of international law, these contributors raise more general concerns, such as the relationship between law-making and the application of law, the role and conflict between various institutions, and the characteristics of the formal sources of international law. The book will be of great interest to students and academics of legal theory, international relations, and international law.

part |118 pages

Legislation and globalisation

chapter |14 pages

Legislating for humanity

May states compel foreigners to promote global welfare?

chapter |22 pages

Declaratory legislation

Towards a genealogy of neoliberal legalism

chapter |28 pages

Informal international law as presumptive law

Exploring new modes of law-making

part |50 pages

Domestic and international

chapter |20 pages

Law-making through comparative international law?

Rethinking the role of domestic law in the international legal system

part |89 pages

Institutions and participants

chapter |21 pages

Law-making and international environmental law

The legal character of decisions of conferences of the parties

chapter |14 pages

In search of a voice

EU law constraints on Member States in international law-making

chapter |24 pages

'In principle the full review'

What justice for Mr Kadi?

part |71 pages

Uncertainties and gaps

chapter |12 pages

Law-making and the law of the sea

The BP Deepwater Horizon oil spill in the Gulf of Mexico

chapter |15 pages

Slowly but surely?

The challenge of the responsibility to protect

chapter |17 pages

Making the right choice

Constructing rules for anti-terrorist operations