Public International Law and the Conflicts-Law Approach

16 Pages Posted: 7 Mar 2012

See all articles by Joost Pauwelyn

Joost Pauwelyn

Graduate Institute of International and Development Studies (IHEID); Georgetown University Law Centre

Date Written: October 13, 2011

Abstract

What are the challenges when thinking about public international law through the three dimensional prism of the conflicts-law approach? This contribution describes how international law is based on a “thin consent” paradigm. It then explores challenges that come with this paradigm under each of the conflicts-law three dimensions: law as system (how to open up a specific treaty regime to other legal orders?); law as regulation (how to open up law to non-legal expertise?); and law as governance (how to open up law to informal or para-legal regimes?). In conclusion, a shift is pointed at from “thin consent” to “thick consensus”. This shift affects in particular the parallel universe of transnational standard-setting. Yet, it also finds early reflections in formal international law adjudication.

Keywords: conflicts-law, conflict of laws, public international law, adjudication

Suggested Citation

Pauwelyn, Joost, Public International Law and the Conflicts-Law Approach (October 13, 2011). Available at SSRN: https://ssrn.com/abstract=2017542 or http://dx.doi.org/10.2139/ssrn.2017542

Joost Pauwelyn (Contact Author)

Graduate Institute of International and Development Studies (IHEID) ( email )

PO Box 136
Geneva, Geneva CH-1211
Switzerland

HOME PAGE: http://graduateinstitute.ch

Georgetown University Law Centre ( email )

600 New Jersey Avenue, NW
Washington, DC 20001
United States

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