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Why Would States Obey Rules Issued by Expert Bodies?

  • Dionysia-Theodora Avgerinopoulou
Chapter

Abstract

Taking into account that a science-based lawmaking model transfers the center of the lawmaking activity that regards the secondary provisions of IEL from political bodies to expert bodies, the question that almost instinctively rises is why States should ever agree, to first of all adopt such procedures and, secondly, then be bound by legislation promulgated by expert bodies irrespectively from their will? It is noteworthy, that, at present, not only science-based lawmaking processes, but also political, and progressive lawmaking processes faced and—to a certain extent—keep facing reservations and objections by the States. For instance, States objected to the proliferation of the majority voting procedures. IOs and treaty-based bodies operating on the basis of majority voting are perceived as a threat to state sovereignty, especially when they have competence to promulgate legally binding acts over the objection of a dissenting state.

Copyright information

© Springer Nature Switzerland AG 2019

Authors and Affiliations

  • Dionysia-Theodora Avgerinopoulou
    • 1
  1. 1.European Institute of Law, Science and TechnologyAthensGreece

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