Some Thoughts on the Making of International Law

Abstract

In their timely and thought-provoking book, Alan Boyle and Christine Chinkin explore con- temporary methods of making international law. With the expansion of international law, and its increased specialization, it is no longer the case that it is ' made ' by a fi nite number of entities (states) through a handful of intergovernmental processes. Instead, international law is made in a large number of fora, including a variety of multilateral processes, tribu- nals and the organs of international organizations. In addition, although states remain the primary makers of international law, they are joined by other participants such as inter- national organizations and judges, as well as entities which are infl uential in the making of international law, including non-governmental organizations and even individuals. The authors' approach is to seek to draw generalized inferences from an analysis of the processes, both within and beyond the United Nations, which led to the adoption (or not) of several signifi cant international instruments and other documents. Although their treatment of the subject-matter is not without its diffi culties, it nonetheless provides a useful overview, which should be of interest to the academic and practitioner alike. The book is also signifi cant for the fact that, in reviewing the range of modern international law instruments, the authors inadvertently provide an insight into the modern sources of international law, particularly as regards the signifi cance of the interplay between different types of law-making instruments. * Legal Offi cer, United Nations Offi ce of Legal Affairs, and member of the Secretariat of the International Law Commission and of the Sixth Committee of the General Assembly. Email: pronto@un.org . The views expressed herein do not necessarily refl ect those of the United Nations. This article is dedicated to the memory of Prof. Michael Larkin, a gifted academic who possessed uncommon humanitarian qualities and was much loved and admired by his colleagues and students (including the present writer) - senselessly murdered on the streets of Cape Town for refusing to hand over a briefcase containing his students ' exam