International Law-making: Essays In Honour Of Jan Klabbers (routledge Research In International Law)

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. This Volume Explores Law-making In International Affairs. It Has Been Compiled To Celebrate The Occasion Of The 50th Birthday Of Professor Jan Klabbers, A Leading International Law And International Relations Scholar, Who Has Made A Significant Contribution To The Understanding Of The Sources Of International Obligations And The Idea Of Constitutionalism In International Law. Inspired By Professor Klabbers Wide-ranging Interests In International Law, His Determined Disregard For Disciplinary Boundaries And His Often Provocative Views, The Book Looks At Law-making In A Colourful Variety Of Different Ways And Occasionally Seeks To Push The Envelope In Terms Of What It Means To Think And Write About Law And Its Making. The Book Includes Contributions From Respected Legal Scholars Including Eyal Benevisiti, James Crawford, Malgozia Fitzmaurice, Martti Koskenniemi, Bruno Simma And Geir Ulfstein.the First Part Of The Book Attempts To Situate, On The Most Abstract And Theoretical Level, The Notion Of Law-making Into A Philosophical, Historical, Social, Linguistic And Literary Context. The Second Section Looks At Some Of The Processes Of Law-making, The Institutions Involved And The Sometimes Unclear Divide Between Law And Non-law. Topics Covered Include: Global Administrative Law; Law-making In The Eu; Regionalism And International Law, Domestic Legal Systems And International Law; And Informal Law-making And The Changing Nature Of Law In Global Governance. The Third And Final Part Of The Book The Problems Of Law-making In Particular Areas, Such As Human Rights, The Law Of The Sea, Environmental Law, The Law Of State Responsibility, International Humanitarian Law, And International Criminal Law. But While These Contributions Do Look At The 'substance', As It Were, Of International Law, They Raise More General Concerns, Such As The Relationship Between Law-making And The Application Of Law, The Role Of Various Institutions And The Potential For Conflict Between Them And The Characteristics Of The Formal Sources Of International Law-- Legislating For Humanity : May States Compel Others To Promote Global Interests? / Eyal Benvenisti -- Declaratory Legislation : Towards A Geneology Of Neoliberal Legalism / Martti Koskenniemi -- Legalism And The 'dark' Side Of Global Governance / Friedrich Kratochwil -- Global Legalisation And Its Discontents / Gianluigi Palombella -- Informal Internatioanl Law As Presumptive Law : Exploring New Modes Of Law-making / Joost Pauwelyn, Ramses A. Wessel And Jan Wouters -- Mankind's Territory And The Limits Of International Law-making / Wouter Werner -- (international) Law! / Inger Österdahl -- Perspective In Law / Kaarlo Tuori -- Law-making Through Comparative International Law? Rethinking The Role Of Domestic Law In The International Legal System / Rene Uruena -- International Responsibility And Problematic Law-making / Katja Creutz -- Law-making And International Environmental Law : The Legal Character Of Decisions Of Conferences Of The Parties / Malgosia Fitzmaurice -- In Search Of A Voice : Eu Law Constraints On Member States In International Law-making / Panos Kautrakos -- 'in Principle The Full Review' : What Justice For Mr Kadi? / Päivi Leino -- Law-making By Human Rights Treaty Bodies / Geir Ulfstein -- Peremptory Law-making / Enzo Cannizzaro -- Law-making And The Law Of The Sea : The Bp Deepwater Horizon Oil Spill In The Gulf Of Mexico / James E. Hickley Jr -- Slowly But Surely? : The Challenge Of The Responsibility To Protect / Marja Lehto -- Treaties, Custom And Universal Justisdiction / Rain Liivoja -- Making The Right Choice : Constructing Rules For Antiterrorist Operations / Jarna Petman. Edited By Rain Liivoja And Jarna Petman. Includes Bibliographical References And Index. "This volume explores law-making in international affairs. It has been compiled to celebrate the occasion of the 50th birthday of Professor Jan Klabbers, a leading international law and international relations scholar, who has made a significant contribution to the understanding of the sources of international obligations and the idea of constitutionalism in international law. Inspired by Professor Klabbers wide-ranging interests in international law, his determined disregard for disciplinary boundaries and his often provocative views, the book looks at law-making in a colourful variety of different ways and occasionally seeks to push the envelope in terms of what it means to think and write about law and its making. The book includes contributions from respected legal scholars including Eyal Benevisiti, James Crawford, Malgozia Fitzmaurice, Martti Koskenniemi, Bruno Simma and Geir Ulfstein. The first part of the book attempts to situate, on the most abstract and theoretical level, the notion of law-making into a philosophical, historical, social, linguistic and literary context. The second section looks at some of the processes of law-making, the institutions involved and the sometimes unclear divide between law and non-law. Topics covered include: global administrative law; law-making in the EU; regionalism and international law, domestic legal systems and international law; and informal law-making and the changing nature of law in global governance. The third and final part of the book the problems of law-making in particular areas, such as human rights, the law of the sea, environmental law, the law of state responsibility, international humanitarian law, and international criminal law. But while these contributions do look at the 'substance', as it were, of international law, they raise more general concerns, such as the relationship between law-making and the application of law, the role of various institutions and the potential for conflict between them and the characteristics of the formal sources of international law."-- Provided by publisher Cover 1 Title 6 Copyright 7 Contents 8 Biographical notes 11 Table of cases 18 Table of treaties 25 Table of other relevant instruments 32 Preface 41 PART I Legislation and globalisation 44 1 Legislating for humanity: May states compel foreigners to promote global welfare? 46 2 Declaratory legislation: Towards a genealogy of neoliberal legalism 60 3 Legalism and the 'dark' side of global governance 82 4 Global legislation and its discontents 100 5 Informal international law as presumptive law: Exploring new modes of law-making 118 6 Mankind's territory and the limits of international law-making 146 PART II Domestic and international 162 7 (International) Law! 164 8 Perspectivism in law 179 9 Law-making through comparative international law? Rethinking the role of domestic law in the international legal system 192 PART III Institutions and participants 212 10 International responsibility and problematic law-making 214 11 Law-making and international environmental law: The legal character of decisions of conferences of the parties 233 12 In search of a voice: EU law constraints on Member States in international law-making 254 13 'In principle the full review': What justice for Mr Kadi? 268 14 Law-making by human rights treaty bodies 292 PART IV Uncertainties and gaps 302 15 Peremptory law-making 304 16 Law-making and the law of the sea: The BP Deepwater Horizon oil spill in the Gulf of Mexico 314 17 Slowly but surely? The challenge of the responsibility to protect 326 18 Treaties, custom and universal jurisdiction 341 19 Making the right choice: Constructing rules for anti-terrorist operations 356 Index 373