Elgar original reference
Edited by Henrik Enderlein, Sonja Wälti and Michael Zürn
Christoph Humrich and Bernhard Zangl 22.1 INTRODUCTION Governance refers to norm-generating processes aimed at solving societal problems (see Introduction, this volume; Dingwerth and Pattberg 2006). Legislation can be understood as a process by which a specific form of norms, namely legal norms, comes into existence. Yet, legislation is just one form of law-making as it is distinguishable from other sources of law like natural law, customary law, judge-made law or treaty-making. We speak of legislation, if law-making exhibits the following three characteristics: (1) the law is made by actors with the authority to make new and change existing law at will;1 (2) the process of law-making is structured by clearly specified procedural rules defining how law proper comes into existence;2 and (3) this process does not require the consent of the entire legal community, that is, allows for non-consensual law-making.3 In modern national societies legislation is certainly the most important, albeit not necessarily the most common, type of law-making. In international society, in contrast, law-making through legislation was largely unknown until very recently. With the recent gradual emergence of international legislation an additional level of governance comes into existence. As soon as international law-making is no longer entirely subordinated to consent on the domestic level and as long as it does not take precedence over legislation on the domestic level, a multi-level system of governance exists (see Introduction). In this chapter we will describe the evolution of legislative international law-making and thus the emergence of a multi-level system...
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