Informal International Lawmaking: Framing the Concept and Research Questions

Joost Pauwelyn

in Informal International Lawmaking

Published in print September 2012 | ISBN: 9780199658589
Published online January 2013 | e-ISBN: 9780191742248 | DOI:
Informal International Lawmaking: Framing the Concept and Research Questions

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Informal international lawmaking is informal in the sense that it dispenses with certain formalities traditionally linked to international law. This chapter introduces and frames the topic and lays down the conceptual basis for research on informal lawmaking. It defines the notion of ‘informal international lawmaking’ (IN-LAW) — as it is used throughout this book — by pointing to a number of characteristics. To which extent is it different from ‘soft law’ or ‘global administrative law’? The argument developed is that — although elements of the traditional debates are quite helpful in understanding informal international law — the complexity of the notion requires a broader perspective which takes into account output, process, and actor informality. The chapter also defines the IN-LAW project’s approach to, and definition(s) of, accountability and effectiveness, and provides the argumentation for the case study selection.

Keywords: international law; informal law; lawmaking; global administrative law; soft law; accountability

Chapter.  10172 words. 

Subjects: Public International Law

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