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Index
Title Page
Copyright Page
Series Editors’ Preface
Preface
Acknowledgements
Contents
Abbreviations
List of Cases
List of Treaties and Other Instruments
1. International Law-Making
1. Introduction
2. International Law-Making: The Response to Global Terrorism
3. Theories of International Law
4. International Law-Making in a Globalised World
5. Legitimacy
5.1 Process Legitimacy
5.2 System Legitimacy
6. Reform of International Law-Making
2. Participants in International Law-Making
1. Introduction
2. Non-state Actors and Law-Making
2.1 Non-state Entities
2.2 Indigenous Peoples
2.3 Transnational Networks
3. NGOs and the UN
3.1 What is an NGO?
3.2 An NGO Right to Participation?
3.3 Democratisation of International Law-Making?
4. NGOs and Treaty-Making
4.1 Treaty Negotiation
4.2 Treaty-Making: Case Studies
5. NGOs and Institutional Law-Making
5.1 The General Assembly
5.2 The Security Council
5.3 Global Summit Meetings
6. NGO Monitoring and Norm Generation
7. Advocacy
7.1 Litigation Strategies
7.2 NGO Innovations
8. Autonomous NGO Activity
9. The Relationship between IGOs and NGOs
10. Conclusions
3. Multilateral Law-Making: Diplomatic Processes
1. Introduction
2. Legitimacy and Multilateral Law-Making
3. Agenda-Setting
3.1 Law-Making, Power and International Relations
3.2 Setting the International Law-Making Agenda
4. Law-Making by the United Nations
4.1 Law-Making by the UN Security Council
4.2 The UN General Assembly in International Law-Making
4.3 ECOSOC Commissions and Programmes
4.4 Specialisation in UN Law-Making: Some Conclusions
5. Other International Organisations
5.1 The Food and Agriculture Organisation
5.2 The World Health Organisation
5.3 The International Maritime Organisation
5.4 The World Trade Organisation
6. International Conferences
6.1 The Vienna Convention Model
6.2 Third UN Conference on the Law of the Sea (UNCLOS III)
6.3 The Rome Conference
7. Law-Making by Treaty Bodies
7.1 Intergovernmental Treaty Bodies
7.2 Human Rights Treaty Bodies
8. Consensus Law-Making: An Assessment
8.1 The Nature of Consensus
8.2 When is Consensus Law-Making Appropriate?
8.3 The Significance of Consensus Procedures
9. Conclusions
4. Codification and Progressive Development of International Law
1. Introduction
2. Codification and Progressive Development by the UN
2.1 The 6th Committee of the UNGA
2.2 Ad Hoc Committee on Terrorism
2.3 Ad Hoc Committee on the Safety of UN Personnel
3. The International Law Commission
3.1 The Commission as an Independent Expert Body
3.2 Codification and Progressive Development by the ILC
3.3 Choice of Topics
3.4 Relations with Other Bodies
3.5 Working Procedures
3.6 Codification by Treaty or Soft Law?
4. Codification and Progressive Development in Practice
4.1 State Responsibility
4.2 State Immunity
4.3 The Law of Treaties
4.4 International Criminal Law and the
4.5 International Environmental Law
5. The ILC and Customary International Law
6. Codification by Other Bodies
6.1 The International Committee of the Red Cross
6.2 UNIDROIT
7. Conclusions
5. Law-Making Instruments
1. Introduction
2. Soft Law
2.1 The Significance of Soft Law
2.2 What is Soft Law?
2.3 Treaties or Soft Law?
2.4 Soft Law as Part of the Multilateral
2.5 Treaties as Soft Law
2.6 Soft Law General Principles
2.7 Soft Law and Customary Law
2.8 Conclusions
3. UN Security Council Resolutions
3.1 The Power to Take Binding Decisions
3.2 UNSC Resolutions and their Relationship to
4. Treaties as Law-Making Instruments
4.1 The Variety of Treaties
4.2 Treaties and Customary Law
4.3 Treaties and Third States
4.4 Treaties as Evolving Regimes
4.5 Treaty Relations in Theory: Successive Treaties and Lex Specialis
4.6 Treaty Relations in Practice: UNCLOS, Biological Diversity and WTO Law
5. Conclusions
6. Law-Making by International Courts and Tribunals
1. Introduction
2. Do International Courts Make Law?
3. Judicial Process
4. International Courts: Interpretation and Application of Law
4.1 Applicable Law
4.2 ‘Living Instruments’, and Judicial Interpretation
4.3 Application of Customary International Law
4.4 Application of General Principles of Law
4.5 Gaps in the Law
5. Role of Lawyers
6. Precedential Weight of Judicial Decisions
7. Legitimacy of Law-Making by International Courts
8. Conclusions
Bibliography
Index
Notes
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