Explaining the Practical Purchase of Soft Law: Competing and Complementary Behavioral Hypotheses
Forthcoming, International Law as Behavior (Harlan Grant Cohen and Timothy Meyer, eds.), Cambridge University Press, 2018
Hebrew University of Jerusalem International Law Forum Working Series 09-17
45 Pages Posted: 18 Dec 2017 Last revised: 1 Feb 2018
Date Written: December 13, 2017
Why do international and domestic legal actors employ and even apply international soft law sources, although these sources are not legally binding? In this chapter, after surveying different ways in which soft law is employed and applied in international and domestic courts, we offer several rational choice and behavioral hypotheses regarding the influence of soft law. These hypotheses are examined in relation to different types of soft law instruments and different actors who apply and create soft law. We conclude with a brief discussion of the dialectic relationship between soft law making and the influence of soft law.
Keywords: Soft Law, International Courts, Behavioral Economics, Anchoring, Sources
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