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.
Table of Contents
Preface, Rain Liivoja and Jarna Petman Part 1: Legislation and Globalisation 1.Legislating for Humanity: May states compel foreigners to promote global interests?, Eyal Benvenisti 2. Declaratory Legislation: Towards a genealogy of neoliberal legalism, Martti Koskenniemi 3. Legalism and the 'Dark' Side of Global Governance, Friedrich Kratochwil, 4. Global Legislation and its Discontents, Gianluigi Palombella 5. Informal International Law as Presumptive Law: Exploring new modes of law-making, Joost Pauwelyn, Ramses A. Wessel and Jan Wouters 6. Mankind's Territory and the Limits of International Law-making, Wouter Werner Part 2: Domestic and International 7. (International) Law!, Inger Österdahl 8. Perspectivism in Law, Kaarlo Tuori 9. Law-making through Comparative International Law? Rethinking the role of domestic law in the international legal system, Rene Uruena Part 3: Institutions and Participations 10. International Responsibility and Problematic Law-making, Katja Creutz 11. Law-making and International Environmental Law: The legal character of decisions of conferences of the parties, Malgosia Fitzmaurice 12. In Search of a Voice: EU law constraints on member states in international law-making, Panos Koutrakos 13. 'In Principle the Full Review': What justice for Mr Kadi?, Päivi Leino 14. Law-making by Human Rights Treaty Bodies, Geir Ulfstein Part 4: Uncertainties and Gaps 15. Peremptory Law-making, Enzo Cannizzaro 16. Law-making and the Law of the Sea: The BP Deepwater Horizon oil spill in the Gulf of Mexico, James E. Hickey Jr. 17. Slowly but Surely? The challenge of the responsibility to protect, Marja Lehto 18. Treaties, Custom and Universal Jusrisdiction, Rain Liivoja 19. Making the Right Choice: Constructing rules for antiterrorist operations, Jarna Petman
Rain Liivoja is a Senior Research Fellow at the Asia Pacific Centre for Military Law, Melbourne Law School, and an Affiliated Research Fellow of the Erik Castrén Institute of International Law and Human Rights, University of Helsinki.
Jarna Petman is Deputy Director of the Erik Castrén Institute of International Law and Human Rights, University of Helsinki, and a Research Fellow at the Academy of Finland Centre of Excellence in the Foundations of European Law and Polity Research.