Description
Every society perceives the need to differentiate between its legal norms and other norms controlling social, economic and political behavior. But unlike domestic legal systems where this distinction is typically determined by constitutional provisions, the decentralized nature of the
international legal system makes this a complex and contested issue. Moreover, contemporary international law is often the product of a subtle and evolving interplay of law-making instruments, both binding and non-binding, and of customary law and general principles. Only in this broader context can
the significance of so-called 'soft law' and multilateral treaties be fully appreciated. This volume analyzes the principal negotiating processes and law-making tools through which contemporary international law is made, and identifies the processes, participants and instruments employed. It
accordingly examines some of the mechanisms and procedures whereby new rules of law are created or old rules are amended or abrogated, and concentrates on the UN, other international organizations, diplomatic conferences, codification bodies, NGOs, and courts.
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