International law is a set of norms that covers the general procedures and institutions for the conduct of international relations. Its general function is to safeguard international peace, security, and justice in relations between states. As its name suggests, it is concerned with relationships between states, and that makes states the main actors or subjects of international law. As international law continues to evolve, however, the subjects of international law have broadened and changed. This has inevitably led to an evolution in the law-making process. Classically international rules could only be made by states, mainly by treaty or through international custom. More recently, the sources of law have expanded, as have the makers of international law. The classical sources of international law, stated in Article 38(1) of the Statute establishing the International Court of Justice (international conventions, international custom, general principles of law, and judicial decisions and teachings of highly qualified publicists), remain relevant, and new sources, principally ‘soft law,’ are gaining ground. In addition, non-state actors (NSAs) are becoming increasingly relevant, not just as subjects of international law but as participants in the law-making process. NSAs include international organizations, international and domestic judicial and quasi-judicial bodies, hybrid bodies, Civil Society, the private sector, and others. While previously and indeed currently in many spheres of international law international rules were only enforceable by and against states, it is increasingly common for NSAs to enjoy rights of audience before courts and tribunals, and also to participate in the law-making progress in various capacities. This has been through the creation of new customary international law, laying down new rules through the determination of disputes, the operation of soft law, and even the conclusion of treaties that bind states. The readings below start from a more general coverage of law-making to specific works about law-making by NSAs. They have been selected, as far as possible, to blend classical writings with current and recent research on the subject of law-making. Wherever possible, they include writings by practitioners in their relevant areas, such as judges and academics or legal counsel in and before judicial bodies. A note on terminology: many publications use the term “lawmaking” rather than “law-making”. Where in the original title of the publication the word “lawmaking” is used or else the words “law” and “making” appear disjunctively, it has been retained; otherwise, the word “law-making” is used.
“ATOMIC LAW” OR “NUCLEAR LAW”? AN ACADEMIC DISCUSSION REVISITED