The Exercise of Public Authority Through Informal International Lawmaking: an Accountability Issue?

Jean Monnet Working Paper 06/11

42 Pages Posted: 22 Nov 2016

See all articles by Joost Pauwelyn

Joost Pauwelyn

Graduate Institute of International and Development Studies (IHEID); Georgetown University Law Centre

Ramses A. Wessel

University of Groningen - Faculty of Law

Jan Wouters

KU Leuven - Leuven Centre for Global Governance Studies

Date Written: June 21, 2011

Abstract

An increasing number of fora and networks have been recognised to play a role in international or transnational normative processes. While lawmaking by formal, intergovernmental international organizations received abundant attention over the past years, we know less about a phenomenon that this paper refers to as ‘informal international lawmaking’ (IN-LAW). Lawyers struggle with the new and extensive normative output in global governance. We nevertheless use the term ‘law’ to connote the exercise of public authority, as opposed to what is often referred to more broadly as ‘regulation’ (covering both public and private regulation). IN-LAW, as we define it, can include private actor participation, but excludes cooperation that only involves private actors. The present paper thus purports to introduce the concept of ‘informal international lawmaking’ and it will present some findings based on case studies in the IN-LAW project related to the reasons for actors to opt for informal lawmaking. We also analyse whether − and to what extent ‒ IN-LAW bodies are subject to some form of accountability and, if so, in what form and at what level. Finally, we will look at some consequences of informal international lawmaking, in particular in relation to the changing role of law in global governance.

Suggested Citation

Pauwelyn, Joost and Wessel, Ramses A. and Wouters, Jan, The Exercise of Public Authority Through Informal International Lawmaking: an Accountability Issue? (June 21, 2011). Jean Monnet Working Paper 06/11, Available at SSRN: https://ssrn.com/abstract=2873365 or http://dx.doi.org/10.2139/ssrn.2873365

Joost Pauwelyn

Graduate Institute of International and Development Studies (IHEID) ( email )

PO Box 136
Geneva, Geneva CH-1211
Switzerland

HOME PAGE: http://graduateinstitute.ch

Georgetown University Law Centre ( email )

600 New Jersey Avenue, NW
Washington, DC 20001
United States

Ramses A. Wessel

University of Groningen - Faculty of Law ( email )

9700 AS Groningen
Netherlands

Jan Wouters (Contact Author)

KU Leuven - Leuven Centre for Global Governance Studies ( email )

House De Dorlodot - Deberiotstraat 34
Leuven, B-3000
Belgium

HOME PAGE: http://www.globalgovernancestudies.eu

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