Download this Paper Open PDF in Browser

Contemporary Theories and International Law-Making

Research Handbook On The Theory And Practice Of International Law-Making (Catherine Brölmann & Yannick Radi, Elgar 2014), Forthcoming

Amsterdam Law School Research Paper No. 2013-59

Amsterdam Center for International Law No. 2013-23

Postnational Rulemaking Working Paper No. 2013-09

27 Pages Posted: 19 Oct 2013  

Ingo Venzke

University of Amsterdam - Amsterdam Center for International Law

Date Written: October 18, 2013

Abstract

Many contemporary theories approach international law-making with a shift in emphasis from the sources of law towards the communicative practices in which a plethora of actors use, claim and speak international law. Whereas earlier approaches would look at the sources as the singular moment of law-making, it is now generally understood that the broader process of speaking the language of international law contributes to its making. The contribution proceeds by sketching the move from sources to communicative practice against the backdrop of the 'linguistic turn', which proposes that law is made 'in action' (II.). It then dedicates sections to principal contemporary theories, starting off with the New Haven School as a pioneering approach to thinking of international law-making as a process of authoritative decision-making (III.). Its heritage is refined in the theory of transnational legal process (IV.). In contrast to these voices from New Haven, systems theory abstracts from the political strategies of concrete actors and is therefore in a good position to recognize law as an autonomous enterprise (V.). Practice theory then combines, first, sociological thought on the heels of Pierre Bourdieu and, second, philosophical insights of pragmatism (VI.). Governance theory then suggests paying more attention to regulatory networks as sites of law-making and to private actors whose normative output gains bite in the market place (VII.). The concluding outlook discusses the Global Administrative Law project and research centered on international public authority as responses to the normative challenges that come with the multiplication of forms and fora of international law-making (VIII.).

Keywords: International law-making, practice theory, linguistic turn, New Haven theory, transnational legal process, systems theory, Global Administrative Law, International Public Authority

JEL Classification: K33

Suggested Citation

Venzke, Ingo, Contemporary Theories and International Law-Making (October 18, 2013). Research Handbook On The Theory And Practice Of International Law-Making (Catherine Brölmann & Yannick Radi, Elgar 2014), Forthcoming; Amsterdam Law School Research Paper No. 2013-59; Amsterdam Center for International Law No. 2013-23; Postnational Rulemaking Working Paper No. 2013-09. Available at SSRN: https://ssrn.com/abstract=2342175

Ingo Venzke (Contact Author)

University of Amsterdam - Amsterdam Center for International Law ( email )

P.O. Box 1030
Amsterdam, 1000 BA
Netherlands

HOME PAGE: http://www.uva.nl/profiel/v/e/i.venzke/i.venzke.html

Paper statistics

Downloads
783
Rank
24,967
Abstract Views
3,536