Chapter

The Interaction of Formal and Informal International Lawmaking

Mark A Pollack and Gregory C Shaffer

in Informal International Lawmaking

Published in print September 2012 | ISBN: 9780199658589
Published online January 2013 | e-ISBN: 9780191742248 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199658589.003.0012
The Interaction of Formal and Informal International Lawmaking

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Informal international Lawmaking (IN-LAW) has not replaced formal lawmaking, but exists alongside it, with multiple, overlapping formal and informal procedures often addressing the same substantive issues in world affairs. This implies that, in studying the impact of IN-LAW, the interaction between formal and informal law should be taken into account. This chapter raises two sets of questions. First, why would States choose to address any given issue in a formal or an informal lawmaking setting — and why might they do both simultaneously? Second, once two or more formal and informal lawmaking processes are underway, how do formal and informal law and lawmaking interact in practice?

Keywords: international law; informal law; lawmaking

Chapter.  15172 words. 

Subjects: Public International Law

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