Abstract

http://ssrn.com/abstract=2201817
 
 

Footnotes (126)



 


 



Shades of Grey: Soft Law and the Validity of Public International Law


Jaye Ellis


McGill University - Faculty of Law

May 16, 2011

(2012) 25(2) Leiden Journal of International Law

Abstract:     
Soft law is often seen as a way to overcome certain problems of legitimacy in international law, notably the weaknesses of a voluntaristic conception of international law’s validity. Other perceived benefits of soft law include flexibility, speed of adoption and modification, and even effectiveness. Yet soft law is seen by others as a threat to law, because it effaces the border between law and politics. This paper explores different approaches to the boundary between law and not-law which seek both to maintain this boundary and to reconceptualise it in a way that better anchors the validity of international legal rules.

Number of Pages in PDF File: 29

Keywords: Soft law, validity of international law, internal morality of law, autopoietic theory, publicness of law

Accepted Paper Series


Download This Paper

Date posted: January 16, 2013  

Suggested Citation

Ellis, Jaye, Shades of Grey: Soft Law and the Validity of Public International Law (May 16, 2011). (2012) 25(2) Leiden Journal of International Law. Available at SSRN: http://ssrn.com/abstract=2201817

Contact Information

Jaye Ellis (Contact Author)
McGill University - Faculty of Law ( email )
3644 Peel Street
Montreal H3A 1W9, Quebec
Canada
514 398 6625 (Phone)
514 398 3233 (Fax)
Feedback to SSRN


Paper statistics
Abstract Views: 479
Downloads: 150
Download Rank: 113,212
Footnotes:  126

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.250 seconds