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Arguments for and Against Common Law Marriage and Cohabitation Law

Göran Lind

in Common Law Marriage: A Legal Institution for Cohabitation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195366815
eISBN:
9780199867837
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195366815.003.0014
Subject:
Law, Family Law

This chapter, addressed primarily to legislative bodies considering repealing or enacting common law marriage or other cohabitation legislation, discusses the reasons that support these legal ... More


The Economics of Informal International Law: An Empirical Assessment

Stefan Voigt

in Informal International Lawmaking

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199658589
eISBN:
9780191742248
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199658589.003.0005
Subject:
Law, Public International Law

Offering a law and economics perspective, this chapter uses the database of US ‘international agreements’ (defined in the US Case Act as legally binding agreements other than ‘treaties’ in the sense ... More


The Interaction of Formal and Informal International Lawmaking

Mark A Pollack and Gregory C Shaffer

in Informal International Lawmaking

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199658589
eISBN:
9780191742248
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199658589.003.0012
Subject:
Law, Public International Law

Informal international Lawmaking (IN-LAW) has not replaced formal lawmaking, but exists alongside it, with multiple, overlapping formal and informal procedures often addressing the same substantive ... More


Informal International Lawmaking

Joost Pauwelyn, Ramses Wessel, and Jan Wouters (eds)

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199658589
eISBN:
9780191742248
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199658589.001.0001
Subject:
Law, Public International Law

Informal international lawmaking (IN-LAW) is on the rise. It seems to fall outside the strictures of both domestic law as well as international law. Hence, this activity raises questions of ... More


Informal International Lawmaking: An Assessment and Template to Keep It Both Effective and Accountable

Joost Pauwelyn, Ramses A Wessel, and Jan Wouters

in Informal International Lawmaking

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199658589
eISBN:
9780191742248
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199658589.003.0023
Subject:
Law, Public International Law

By drawing some general lines with regard to the implications of informal international lawmaking (IN-LAW) for the further development of international law, this chapter raises the question of ... More


Is It International Law or Not, and Does It Even Matter?

Joost Pauwelyn

in Informal International Lawmaking

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199658589
eISBN:
9780191742248
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199658589.003.0007
Subject:
Law, Public International Law

This chapter addresses one of the fundamental issues in the research on informal international lawmaking (IN-LAW): ‘Is it International Law or Not, and Does it Even Matter?’. The universe of norms is ... More


Informal International Lawmaking: Framing the Concept and Research Questions

Joost Pauwelyn

in Informal International Lawmaking

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199658589
eISBN:
9780191742248
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199658589.003.0002
Subject:
Law, Public International Law

Informal international lawmaking is informal in the sense that it dispenses with certain formalities traditionally linked to international law. This chapter introduces and frames the topic and lays ... More


Legal Approaches to Global Governance and Accountability: Informal Lawmaking, International Public Authority, and Global Administrative Law Compared

Philipp Dann and Marie v. Engelhardt

in Informal International Lawmaking

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199658589
eISBN:
9780191742248
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199658589.003.0006
Subject:
Law, Public International Law

The question of the ‘uniqueness’ of informal international lawmaking (IN-LAW) is essential in assessing whether it is someting new. This chapter points to a clear relationship with other concepts and ... More


International Courts and Informal International Law

Jan Klabbers

in Informal International Lawmaking

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199658589
eISBN:
9780191742248
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199658589.003.0011
Subject:
Law, Public International Law

Accountability requires some yardstick, and in the conduct of global affairs the most obvious yardstick is that of international law. This chapter discusses the position of international courts and ... More


Operationalizing Accountability in Respect of Informal International Lawmaking Mechanisms

Dr Tim Corthaut, Bruno Demeyere, Nicolas Hachez, and Dr Jan Wouters Prof

in Informal International Lawmaking

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199658589
eISBN:
9780191742248
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199658589.003.0015
Subject:
Law, Public International Law

This chapter assesses whether — and to what extent — informal international lawmaking (IN-LAW) mechanisms are subject to some form of accountability and, if so, in what form. This chapter is used to ... More


The International Legal Form and Status of Informal International Lawmaking Bodies: Consequences for Accountability

Ayelet Berman and Ramses A Wessel

in Informal International Lawmaking

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199658589
eISBN:
9780191742248
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199658589.003.0003
Subject:
Law, Public International Law

Informal lawmaking is characterized by an involvement of non-traditional actors. This chapter analyses actor informality by looking at two key forms: ‘international agencies’ and ‘harmonization ... More


Towards a Typology of Informal International Lawmaking Mechanisms and their Distinct Accountability Gaps

Eyal Benvenisti

in Informal International Lawmaking

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199658589
eISBN:
9780191742248
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199658589.003.0014
Subject:
Law, Public International Law

This chapter aims to map the different informal lawmaking mechanisms and to distinguish among the various actors that initiate and take part in informal international lawmaking (IN-LAW). The purpose ... More


Keeping Domestic Soft Law Accountable: Towards a Gradual Formalization

Alexandre Flückiger

in Informal International Lawmaking

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199658589
eISBN:
9780191742248
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199658589.003.0020
Subject:
Law, Public International Law

Answers to the question of the accountability of actors involved in informal international lawmaking (IN-LAW) can be found (also) at the domestic level. Focusing on Swiss law, the chapter shows how ... More


Informal International Lawmaking: A Conceptual View from International Relations

Liliana Andonova and Manfred Elsig

in Informal International Lawmaking

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199658589
eISBN:
9780191742248
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199658589.003.0004
Subject:
Law, Public International Law

While to lawyers — trained to think in terms of neatly separated legal boundaries — governance phenomena and transnational relations may feel uncomfortable, international relations (IR) theory has ... More


The Legal Nature of Informal International Law: A Legal Theoretical Exercise

Dick WP Ruiter and Ramses A Wessel

in Informal International Lawmaking

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199658589
eISBN:
9780191742248
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199658589.003.0008
Subject:
Law, Public International Law

This chapter departs from the presumption that informal international lawmaking (IN-LAW) is law. What arguments does legal theory offer when we indeed wish to include the IN-LAW processes in our ... More


From a Pluralization of International Norm-making Processes to a Pluralization of the Concept of International Law

Jean d’Aspremont

in Informal International Lawmaking

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199658589
eISBN:
9780191742248
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199658589.003.0009
Subject:
Law, Public International Law

This chapter aims to warn us that international legal scholars studying the normative activities taking place outside the traditional remit of international law are often induced to loosen their ... More


The Limits of Informal International Law: Enforcement, Norm-generation, and Learning in the ICN

Yane Svetiev EUI

in Informal International Lawmaking

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199658589
eISBN:
9780191742248
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199658589.003.0013
Subject:
Law, Public International Law

This chapter evaluates the impact of transnational regulatory networks on the basis of a case study on the International Competition Network (ICN), an extensive but highly informal network, which was ... More


Domestic Public Authorities within Global Networks: Institutional and Procedural Design, Accountability, and Review

Lorenzo Casini

in Informal International Lawmaking

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199658589
eISBN:
9780191742248
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199658589.003.0019
Subject:
Law, Public International Law

In addressing the ‘two-way’ street as an essential characteristic of informal international lawmaking (IN-LAW), this chapter analyses the role of domestic public authorities within global networks. ... More


US Implementation of Basel II: Lessons for Informal International Lawmaking

Pierre-Hugues Verdier

in Informal International Lawmaking

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199658589
eISBN:
9780191742248
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199658589.003.0021
Subject:
Law, Public International Law

The actual role domestic courts can play in relation to informal international law partly depends on the way these rules are (to be) implemented domestically. Some informal international law (IN-LAW) ... More


The Role of Domestic Administrative Law in the Accountability of Informal International Lawmaking: The Case of the ICH

Ayelet Berman

in Informal International Lawmaking

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199658589
eISBN:
9780191742248
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199658589.003.0022
Subject:
Law, Public International Law

In the framework of the informal international law (IN-LAW) project, this chapter examines the role domestic administrative law may or should play in the accountability of Transnational Regulatory ... More


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