From Public International to International Public Law: Translating World Public Opinion into International Public Authority
38 Pages Posted: 19 Sep 2015 Last revised: 28 Sep 2015
Date Written: September 18, 2015
This paper argues that increasing demands in world public opinion for legitimate and effective international institutions require a paradigm shift in public international law. There is a part of public international law that should better be understood as international public law, because it enables and disciplines the pursuit of public interests by international institutions. We consider such activities as exercises of international public authority. The article elaborates our approach by way of a thorough discussion of other approaces to governance phenomena in international legal scholarship. It then carves out the notion of international public authority. This notion includes various types of soft and informal governance instruments with innovative compliance mechanisms, as well as the activities of informal and hybrid institutions or network-like structures.
Keywords: International law, international organizations, global administrative law, constitutionalism, global governance, world public opinion, public law, authority, soft law
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