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Global lawmaking by international organizations holds the potential for enormous influence over world trade and national economies. Representatives from states, industries, and professions produce laws for worldwide adoption in an effort to alter state lawmaking and commercial behaviors, whether of giant multi-national corporations or micro, small and medium-sized businesses. Who makes that law and who benefits affects all states and all market players. Global Lawmakers offers the first extensive empirical study of commercial lawmaking within the United Nations. It shows who makes law for the world, how they make it, and who comes out ahead. Using extensive and unique data, the book investigates three episodes of lawmaking between the late 1990s and 2012. Through its original socio-legal orientation, it reveals dynamics of competition, cooperation and competitive cooperation within and between international organizations, including the UN, World Bank, IMF and UNIDROIT, as these IOs craft international laws. Global Lawmakers proposes an original theory of international organizations that seek to construct transnational legal orders within social ecologies of lawmaking. The book concludes with an appraisal of creative global governance by the UN in international commerce over the past fifty years and examines prospective challenges for the twenty-first century

Who governs in the international organizations (IOs) that promulgate global norms on trade and commercial law? Using a new analytic approach, this paper focuses on previously invisible attributes of a global legislature - the state and non-state delegatio

Who governs in the international organizations (IOs) that promulgate global norms on trade and commercial law? Using a new analytic approach, this paper focuses on previously invisible attributes of a global legislature - the state and non-state delegatio

AbstractWho governs in the international organizations (IOs) that promulgate global norms on trade and commercial law? Using a new analytic approach, this paper focuses on previously invisible attributes of a global legislature – the state and non‐state delegations and delegates that create universal norms for international trade and commercial law through the most prominent trade law legislature, the UN Commission on International Trade Law (UNCITRAL). Based on ten years of fieldwork, extensive interviews, and unique data on delegation and delegate attendance and participation in UNCITRAL's Working Group on Insolvency, we find that the inner core of global trade lawmakers at UNCITRAL represent a tiny and unrepresentative subset of state and non‐state actors. This disjunction between UNCITRAL's public face, which accords with a global norm of democratic governance, and its private face, where dominant states and private interests prevail, raises fundamental questions about legitimacy and efficacy of representation in global lawmaking.

This paper focuses on a largely neglected aspect of legitimation in international organizations (IOs)-the rhetorical work done by IO scripts as a legitimation strategy of IOs. Based on extensive research within regional and global IOs, we demonstrate four aspects of rhetorical legitimation. First, IO texts draw upon a finite repertoire of rhetorical devices (a) to propagate legitimation strengths of an IO, (b) to amplify or compensate for legitimation weaknesses and (c) to express rhetorical repertoires which convey their own intrinsic merits. Second, configurations of rhetorical devices in IO texts are affected by temporal contexts, such as exogenous shocks and the historical sequencing of IO norm production. Third, the negotiation of relations of IO interdependency including competition and cooperation, are partly signaled and managed through the rhetorical repertoires of IO products. Fourth, texts have their own properties, formal and substantive, that are crafted to persuade domestic law-makers. Adapted from the source document.