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Oxford Law Citator
Contents
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Preliminary Material
Series Editors’ Preface
Preface
Acknowledgements
Contents
Abbreviations
List of Cases
List of Treaties and Other Instruments
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Main Text
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
Further Reading
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
4.2.1 The Torture Convention
4.2.2 The Landmines Convention
4.2.3 The Rome Statute of the International Criminal Court (ICC)
4.2.4 The UNIDROIT Convention on Mobile Equipment
4.2.5 The MAI
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
Further Reading
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
4.1.1 Legally Binding Determinations
4.1.2 Interpretation and Application of the UN Charter
4.1.3 Establishment of UN Courts
4.1.4 Legislative Competence and UN Reform
4.2 The UN General Assembly in International Law-Making
4.3 ECOSOC Commissions and Programmes
4.3.1 The Commission on Human Rights
4.3.2 The Commission on the Status of Women
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
5.4.1 The Institution
5.4.2 The WTO and the Regulation of Trade-Related Matters
5.4.3 WTO: Legitimacy, Constitutionalisation and Law-Making
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
Further Reading
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 International Criminal Court
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
Further Reading
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 Treaty-Making Process
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 International Law
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
4.4.1 Amendment
4.4.2 Evolutionary Interpretation
4.4.3 Incorporation by Reference
4.5 Treaty Relations in Theory: Successive Treaties and Lex Specialis
4.5.1 Replacing an Earlier Treaty
4.5.2 Preserving an Earlier Treaty
4.5.3 Priority in Time
4.5.4 Lex Specialis
4.5.5 Third Party Rights
4.6 Treaty Relations in Practice: UNCLOS, Biological Diversity and WTO Law
5 Conclusions
Further Reading
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
Further Reading
Further Material
Bibliography
Index
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List of Treaties and Other Instruments
From:
The Making of International Law
Alan Boyle, Christine Chinkin
Content type:
Book content
Product:
Oxford Scholarly Authorities on International Law [OSAIL]
Series:
Foundations of Public International Law
Published in print:
22 February 2007
ISBN:
9780199213795
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