The doctrinal illusion of heterogeneity of international law-making processes

Open Access
Authors
Publication date 2010
Host editors
  • H. Ruiz Fabri
  • R. Wofrum
  • J. Gogolin
Book title Select proceedings of the European Society of International Law. - Volume 2
Book subtitle 2008
ISBN
  • 9781849460644
ISBN (electronic)
  • 9781847315892
Event 3rd Biennial Conference of the European Society of International Law
Pages (from-to) 297-312
Publisher Oxford: Hart
Organisations
  • Faculty of Law (FdR) - Amsterdam Center for International Law (ACIL)
Abstract
Contemporary practice shows that the image of international lawmaking as a diverse and heterogeneous process, understood in terms of the multiplicity of the actors involved, is mostly an illusion. Despite strong empirical evidence, many scholars have been lured by this idea or have tried to promote it. This paper addressed three reasons explaining why international legal scholars are so inclined (or tempted) to defend the heterogeneity ratione personae of international lawmaking processes. There are surely other explanations, which are left for further research and discussion. The three factors examined here should, however, suffice to make us realize how amenable we are towards te idea of the heterogeneity of international lawmaking and help us rein in that powerful temptation.
Document type Conference contribution
Language English
Published at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1430964
Downloads
SSRN-id1430964_1_.pdf (Submitted manuscript)
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