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Informal International Lawmaking$
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Joost Pauwelyn, Ramses Wessel, and Jan Wouters

Print publication date: 2012

Print ISBN-13: 9780199658589

Published to Oxford Scholarship Online: January 2013

DOI: 10.1093/acprof:oso/9780199658589.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 28 November 2021

The Interaction of Formal and Informal International Lawmaking

The Interaction of Formal and Informal International Lawmaking

Chapter:
(p.241) 11 The Interaction of Formal and Informal International Lawmaking
Source:
Informal International Lawmaking
Author(s):

Mark A Pollack

Gregory C Shaffer

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199658589.003.0012

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 issues in world affairs. This implies that, in studying the impact of IN-LAW, the interaction between formal and informal law should be taken into account. This chapter raises two sets of questions. First, why would States choose to address any given issue in a formal or an informal lawmaking setting — and why might they do both simultaneously? Second, once two or more formal and informal lawmaking processes are underway, how do formal and informal law and lawmaking interact in practice?

Keywords:   international law, informal law, lawmaking

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