Global Lawmaking and Social Change

Customary international law is a widely-recognised modality of international lawmaking. It underpins all norms of international law and shapes all aspects of global society. Yet familiar approaches to customary international law struggle to answer basic questions about its role, operation, and prospects. Pursuing an interdisciplinary approach, this book offers an alternative perspective on customary international law as a dynamic and multifaceted social phenomenon and idea. It explores customary international lawmaking in different social contexts, including the regulation of armed conflict, the treatment of the ''other'', and the management of global environmental risks. Focusing on the ''varieties'' of customary international law, it identifies four types of customary international law norms and explores their roles and implications. Critically revisiting a classic topic of international law, the book provides a tool for understanding and shaping global lawmaking and social change in a rapidly changing international legal order.>

Préface
Fresh new perspective on the role of global lawmaking in affecting social change.

Auteur
Gregor Novak is an EU official, lawyer, and legal scholar with a focus on public international law. He is also a member of the Advisory Board of the Max Planck Encyclopedia of Comparative Constitutional Law and an Associate Editor of the Oxford Reports on International Law in Domestic Courts.

Texte du rabat

This book explores the operation, role, and prospects of global lawmaking, and the implications of the design of customary international lawmaking on social change. Drawing on insights from various disciplines and historical contexts, it provides an explanatory and analytical framework for the question. It goes further, however, by critiquing conventional accounts of international lawmaking and developing an alternative framework centered on the four types of customary international law. It brings a fresh and unique approach; drawing on jurisprudential, legal history, and social scientific perspectives, which will be essential for all scholars in the field.

Contenu

Preface

Introduction

1. Studying Global Lawmaking and Social Change
2. Framework: Four Types of Customary International Law
3. Technology and Globalization as Motors of Global Lawmaking
4. The Treatment of the 'Other' at the Heart of Global Law
5. Habitat and Health: Constructing Global Environmental and Health Law
6. Reconsidering the Legal Doctrine of Customary International Law

Conclusion
Bibliography