Jean D’Aspremont, The Doctrinal Illusion of the Heterogeneity of International Lawmaking Processes (September 5, 2008). PROCEEDINGS OF THE ESIL BIENNAL CONFERENCE, R. Wolfrum, ed., Hart Publishing, Forthcoming. Available at SSRN: http://ssrn.com/abstract=1430964
Contemporary practice shows that the image of international lawmaking as a diverse and heterogeneous process, understood in terms of the multiplicity of the actors involved, is mostly an illusion. Despite strong empirical evidence, many scholars have been lured by this idea or have tried to promote it. This paper addressed three reasons explaining why international legal scholars are so inclined (or tempted) to defend the heterogeneity ratione personae of international lawmaking processes. There are surely other explanations, which are left for further research and discussion. The three factors examined here should, however, suffice to make us realize how amenable we are towards the idea of the heterogeneity of international lawmaking and help us rein in that powerful temptation.
