Research Handbook on the Theory and Practice of International Lawmaking
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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.
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Chapter 3: Transnational lawmaking

Dennis Patterson

Abstract

Transnational lawmaking is a burgeoning field of research, both in its empirical and its theoretical aspects. This chapter is devoted largely to the theoretical dimensions of transnational law. The appearance and growth of new legal phenomena cannot be denied. From the European Union to transnational legal orders, new forms of legality are making their presence known and their impact felt. How, from a theoretical point of view, are we to make sense of these new phenomena? How are they to be theorized? Can they be theorized with existing theoretical tools or must new forms of theorizing be devised? These are the questions to which this chapter is devoted.

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