《Developments of International Law in Treaty Making》

Table of Contents1

IntroductionRudiger WolFrum1

1. The Democratization of Contemporary International Law- Making Processes and the Differentiation of Their ApplicationW Michael Reisman15

CommentBy Georges Abi-Saab31

The Inadequacy of Law-Making by International Treaties： “Soft Law” as an Alternative？39

Comment by Hanspeter Neuhold The Democratization of Contemporary International Law- Making Processes and the Differentiation of Their ApplicationComment by Daniel Thurer53

International Bodies： Their Role in Non-Contractual Law-Making and in the Development of Customary International Law61

2. The Role of Technical BodiesWilliam Edeson63

Restatements of International Law by Technical/Informal BodiesComment by Yoram Dinstein93

3. Reweaving the Fabric of International Law？ Patterns of Consent in Environmental Framework AgreementsJutta Brunnee101

International “Lawmaking” by Conferences of the Parties and Other Politically Mandated BodiesComment by Gunther Handl127

Reweaving the Fabric of International Law？ Patterns of Consent in Environmental Framework AgreementsComment by Geir Ulfstein145

International Organizations and Non-State Actors： Their Role in Non-Contractual Law-Making and in the Development of Customary International Law155

4. The Role of International Organizations in Non-Contractual LawmakingVed P. Nanda157

Lawmaking by International Organizations. Some Thoughts on Non-Binding Instruments and Democratic LegitimacyComment by Armin von Bogdandy171

5. The Security Council as a Law Maker： The Adoption of （Quasi）-Judicial DecisionsErika de Wet183

The Security Council as a Law Maker： The Adoption of （Quasi）-Judicial DecisionsComment by Michael C Wood227

Lawmaking through the UN Security Council. A Comment on Erika de Wet’s ContributionBy Georg Nolte237

6. Alternatives to Treaty-Making and Law-Making by Treaty and Expert Bodies in the Council of EuropeJorg Polakiewicz245

Alternatives to Treaty-Making and Law-Making by Treaty and Expert Bodies in the Council of EuropeComment by Joel Trachtman291

Is the European Experience Duplicable in East Asia？Comment by Kong Qingjiang297

7. The Development of International Law： Alternatives to Treaty -Making？ International Organizations and Non-State ActorsEibe Riedel301

The Role of Non-State Actors， in Particular of NGOs， in Non-Contractual Law-Making and the Development of CustomaryInternational LawComment by Stepban Hobe319

The Development of International Law： Alternatives to Treaty-Making？ International Organizations and Non-State ActorsComment by Rahmatullah Khan331

Cross-Cutting Issues333

8. International Law as an Autopoietic SystemAnthony D’Amato335

The Complementarity of International Treaty Law， Customary International Law， and Non-Contractual LawmakingComment by Christian Tomuschat401

Complementarity of International Treaty Law， Customary Law， and Non-Contractual Law-MakingComment by Alain Pellet409

9. Non-Treaty Law-Making： When， Where and How？Thomas M. Franck417

Exercising Delegated Public Powers. Multilateral Environmental Agreements and Multilateral FundsComment by Ellen Hey437

Treaty Law-Making and Non-Treaty Law-Making： The Evolving Structure of the International Legal OrderComment by Laurence Boisson de Chazournes463

Potential Subject-Matters and Areas of Non-Treaty （Non- Conventional） Lawmaking. Cross-Cutting IssuesComment by Daniel Bodansky481

10. Domestic Consequences of Non-Treaty （Non-Conventional） Law-MakingAnthony Aust487

In Memory of Triepel and Anzilotti： The Use and Abuse of Non-Conventional LawmakingComment by Francisco Orrego Vicuna497

Domestic Consequences of Non-Treaty Law-MakingComment by Susanne Wasum-Rainer507

11. Proliferation of ActorsVolker Roben511

Proliferation of ActorsComment by Pierre-Marie Dupuy537

The Relevance of Non-State Actors to International LawComment by Steve Cbarnovitz543

Lawmaking through the Interpretation and Application of International Law557

12. Human Rights Commissions and Treaty Bodies in the UN-SystemGudmundur Alfredsson559

Impact of Treaty Bodies on the International Legal OrderComment by Eckart Klein571

Commissions and Treaty Bodies of the UN SystemComment by Bruno Simma581

13. Judicial Lawmaking in an Era of “Proliferation” of International Courts and Tribunals： Development or Fragmentation of International Law？Tullio Treves587

International Courts and Tribunals： Alternatives to Treaty MakingComment by Abdul G. Koroma621

List of Contributors627