Journal ArticleDOI
The Challenge of Soft Law: Development and Change in International Law
TLDR
In this paper, a cursory examination of these diverse instruments inevitably exposes their many variables in form, language, subject matter, participants, addressees, purposes, follow-up and monitoring procedures, highlighting the challenges presented to the structure and substance of the traditional international legal order by the increasing use of soft law forms.Abstract:
THERE is a wide diversity in the instruments of so-called soft law which makes the generic term a misleading simplification.' Even a cursory examination of these diverse instruments inevitably exposes their many variables in form, language, subject matter, participants, addressees, purposes, follow-up and monitoring procedures. These variables, coupled with the inherent contradictions in any concept of soft law, highlight the challenges presented to the structure and substance of the traditional international legal order by the increasing use of soft law forms.read more
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Power and governance in a partially globalized world
TL;DR: From interdependence and institutions to globalization and governance as mentioned in this paper, the concept of legalization has been proposed as an alternative to the Hobbe's Dilemma in international politics.
Journal ArticleDOI
Alternatives to “Legalization”: Richer Views of Law and Politics
TL;DR: The authors of as mentioned in this paper define legalization as the degree of obligation, precision, and delegation that international institutions possess, and argue that this definition is unnecessarily narrow, and that a fuller consideration of law's role in politics can produce concepts that are more robust intellectually and more helpful to empirical research.
Posted Content
Traditional and Modern Approaches to Customary International Law: A Reconciliation
TL;DR: In this article, a theory of custom is proposed to reconcile the descriptive and normative justifications for traditional and modern custom, which is based on a reflective interpretive approach that reconciles the traditional and normative explanations.
Journal ArticleDOI
Traditional and Modern Approaches to Customary International Law: A Reconciliation
TL;DR: In this article, a theory of custom is proposed to reconcile the descriptive and normative justifications for traditional and modern custom, which is based on a reflective interpretive approach that reconciles the traditional and normative explanations.
Journal ArticleDOI
Some Reflections on the Relationship of Treaties and Soft Law
TL;DR: The relationship between treaties and soft law is explored in this paper, where the authors argue that the subtlety of the processes by which contemporary international law can be created is no longer adequately captured by reference to the orthodox categories of custom and treaty.