- 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...
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.