The European Journal of International Law Vol. 19 no. 3 © EJIL 2008; all rights reserved
Some Thoughts on the Making of International Law
* Legal Officer, United Nations Office of Legal Affairs, and member of the Secretariat of the International Law Commission and of the Sixth Committee of the General Assembly
Email: pronto{at}un.org.
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Abstract |
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In their timely and thought-provoking book, Alan Boyle and Christine Chinkin explore contemporary methods of making international law. With the expansion of international law, and its increased specialization, it is no longer the case that it is ‘made’ by a finite number of entities (states) through a handful of intergovernmental processes. Instead, international law is made in a large number of fora, including a variety of multilateral processes, tribunals and the organs of international organizations. In addition, although states remain the primary makers of international law, they are joined by other participants such as international organizations and judges, as well as entities which are influential in the making of international law, including non-governmental organizations and even individuals. The authors’ approach is to seek to draw generalized inferences from an analysis of the processes, both within and beyond the United Nations, which led to the adoption (or not) of several significant international instruments and other documents. Although their treatment of the subject-matter is not without its difficulties, it nonetheless provides a useful overview, which should be of interest to the academic and practitioner alike. The book is also significant for the fact that, in reviewing the range of modern international law instruments, the authors inadvertently provide an insight into the modern sources of international law, particularly as regards the significance of the interplay between different types of law-making instruments. The present writer offers his perspective on the treatment of the question of participation in international law-making, the impact of NGOs in the making of international law, consensus-based decision-making, the role of innovation in securing consensus, and the concept of ‘soft law’.
Boyle Alanand Chinkin ChristineThe Making of International Law. New York: Oxford University Press, 2007. Pp. 288. $95. ISBN: 9780199248193.