Chapter

Informal International Lawmaking: An Assessment and Template to Keep It Both Effective and Accountable

Joost Pauwelyn, Ramses A Wessel and Jan Wouters

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/9780199658589.003.0023
Informal International Lawmaking: An Assessment and Template to Keep It Both Effective and Accountable

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By drawing some general lines with regard to the implications of informal international lawmaking (IN-LAW) for the further development of international law, this chapter raises the question of whether IN-LAW can be seen as part of a broader set of phenomena indicating the stagnation, rather than the further development, of international law. As insiders looking at new players joining the scene, international lawyers have focused their attention on whether these new forms are legitimate or even law in the first place. What has been neglected is an internal reflection on what these new forms tell us about traditional international law. It is argued that there is a need to reassess some of the fundamental starting points in traditional international law. If we want to keep both the field and its students sociologically relevant we will need to look beyond the four corners of traditional actors, processes, and outputs.

Keywords: international law; informal law; lawmaking; accountability

Chapter.  21614 words. 

Subjects: Public International Law

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