Informal International Lawmaking: Case Studies

Edited by Ayelet Berman, Sanderijn Duquet, Joost Pauwelyn, Ramses A. Wessel and Jan Wouters, published in 2012 by Torkel Opsahl Academic EPublisher (TOAEP), a publisher of the Centre for International Law Research and Policy (CILRAP) Informal International Lawmaking: Case Studies

Informal International Lawmaking: Case Studies compiles case studies on instances of informal international lawmaking (IN-LAW) in diverse policy areas, including finance, investment, competition, pharmaceuticals and medical device regulation, food regulation, human rights, disaster management, and trade in diamonds.

The term 'informal' international lawmaking is used in contrast and opposition to 'traditional' international lawmaking. More concretely, IN-LAW is informal in the sense that it dispenses with certain formalities traditionally linked to international law. These formalities may have to do with the process, actors and output involved. The literature has mostly criticized IN-LAW for its 'accountability deficits'.

The chapters in this book, hence, do not simply give a descriptive overview of the case studies, but approach them from an accountability perspective. In this context, different questions are raised, such as: Is IN-LAW subject to any accountability measures? How accountable are IN-LAW participants to their constituents? How accountable are they towards those affected by their decisions? Are the accountability measures available at the international or at the domestic level? The book also examines how IN-LAW is elaborated and subsequently received in domestic legal systems, using the Netherlands and Brazil as case studies.

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Law of the Future Series No. 3 (2012):
Ayelet Berman, Sanderijn Duquet, Joost Pauwelyn,
Ramses A. Wessel and Jan Wouters (editors):
Informal International Lawmaking: Case Studies
Torkel Opsahl Academic EPublisher
The Hague, 2012
ISBN 978-82-93081-84-5
537 pages
First published 24 December 2012.