Woodward, Barbara K. --- "International lawmaking and civil society" [2016] ELECD 591; in Brölmann, Catherine; Radi, Yannick (eds), "Research Handbook on the Theory and Practice of International Lawmaking" (Edward Elgar Publishing, 2016) 286

Book Title: Research Handbook on the Theory and Practice of International Lawmaking

Editor(s): Brölmann, Catherine; Radi, Yannick

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781781953211

Section: Chapter 14

Section Title: International lawmaking and civil society

Author(s): Woodward, Barbara K.

Number of pages: 19

Abstract/Description:

This chapter defines the concepts of ‘civil society’ and ‘international lawmaking’ as used in international law scholarship. Then, it maps and analyzes international lawmaking practice where members of civil society, especially NGOs, are important stakeholders. Specifically, it investigates NGO practices contributing to the creation of international law and its enforcement. This includes examples of lawmaking settings where NGO representatives generated international legal norms by participating formally and informally in diplomatic conferences, UN processes, other international institutional processes, and adjudicatory processes in relevant areas of international humanitarian law, international human rights law, international environmental law, international criminal law and State responsibility, international human security law and international economic law. Finally, it addresses theoretical issues raised by challenges to NGO representativeness and legitimacy and accountability and suggests how NGOs may counter such assaults by making a strong case for non-democratic legitimacy based on law, morality and practice backed by appropriate accountability mechanisms.