Table of Contents

Research Handbook on the Theory and Practice of International Lawmaking

Research Handbook on the Theory and Practice of International Lawmaking

Research Handbooks in International Law series

Edited by Catherine Brölmann and Yannick Radi

The global landscape has changed profoundly over the past decades. As a result, the account of the making of international law based on the traditional theory of sources is increasingly challenged. This Handbook offers a comprehensive guide to the theory and practice of international law‐making today. It takes stock at both the conceptual and the empirical level of the instruments, processes, and actors involved in the making of international law. The book contains essays by leading scholars on key aspects of international law-making and on law-making in the main issue areas, with an interest in classic processes as well as new developments and shades of normativity.

Chapter 2: Subjects and actors in international lawmaking: The paradigmatic divides in the cognition of international norm-generating processes

Jean d’Aspremont

Subjects: law - academic, legal theory, public international law

Abstract

With an emphasis on subjects and actors, this chapter seeks to shed some light on the choices made by scholars in modelling and cognizing international lawmaking processes. After a brief outline of the mainstream descriptive frameworks used to cognize and model normmaking processes in international law, this chapter elaborates on the driving forces at work behind each of them. In doing so, this chapter draws attention to the politics of empiricism and cognition with a view to offering some critical reflection on how international legal scholars and practitioners have been making sense of international lawmaking.

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