Despite its centrality to academic discussions of power and influence, there is little consensus in legal scholarship over what constitutes an actor in rule-making. This book explores the range of actors involved in rule-making within European Union law and Public International law, and focuses especially on actors that are often overlooked by formative and doctrinal approaches.
Drawing together contributions from many scholars in various fields the book examines such issues as the accommodation of new actors in the process of postnational rule-making, the visibility or covertness of actors within the process, and the role of social acceptance and legitimacy in postnational rule-making.
In its endeavour to render and examine the work and effect of actors often side-lined in the study of postnational rule-making, this book will be of great use and interest to students and scholars of EU law, international law and socio-legal studies.
Table of Contents
Foreword: The new rulers: the actors and processes of the global space, Prof. Judge Sabino Cassese Introduction: Framing the Actors of Post-National rule-making, Dr. Elaine Fahey Section 1: Framing Actors in Postnational Rule-making: between Doctrine and Lexicon 1. International Law: Mapping the Terrain of Institutional ‘Law-Making’: Form and Function in International Law, Dr. Richard Collins 2. European Union Law: The Many Faces of Rulemaking in the EU, Prof. Matthias Ruffert 3. International Relations and Global Governance: Actors in Global Governance Institutions: ASEAN and the EU, Dr. Jens-Uwe Wunderlich Section 2: New Institutional Components and Systems: Establishing Autonomy in Postnational Rule-Making 4. European Union Law: The Practices of the ‘New’ European Council, Prof. Henri De Waele 5. Transnational and Global Perspectives: Transnational Parliamentarism and Global Governance: The New Practice of Democracy, Dr. Davor Jancic 6. Interaction as a Site of Post-National Rule Making A case study of the Inter-American System of Human Rights, Dr. Rene Urueña Section 3: Interactions between Actors in Postnational Rule-Making: Framing Practices ‘in the Shadows’ and Beyond 7. Between EU and International Law: The EU: A Shadowy Global Actor: casestudy of the UN, Prof. Jan Wouters, Jed Odermatt and Anna-Luise Chané 10. European Private Law: Lawmakers in the Shadows: Legal academics in the Construction of European Private Law, Dr. Ruth Sefton-Green 9. European Union Law: Lobbyists: Rule-makers in the Shadow, Dr. Emilia Korkea-aho
Elaine Fahey is Senior Lecturer at City Law School, City University London