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 Legal Research Paper 18-7

Hebrew University of Jerusalem International Law Forum Working Series 09-17

45 Pages Posted: 18 Dec 2017 Last revised: 1 Feb 2018

See all articles by Tomer Broude

Tomer Broude

Hebrew University of Jerusalem - International Law Forum

Yahli Shereshevsky

Hebrew University of Jerusalem - Faculty of Law

Date Written: December 13, 2017

Abstract

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

Suggested Citation

Broude, Tomer and Shereshevsky, Yahli, Explaining the Practical Purchase of Soft Law: Competing and Complementary Behavioral Hypotheses (December 13, 2017). Forthcoming, International Law as Behavior (Harlan Grant Cohen and Timothy Meyer, eds.), Cambridge University Press, 2018, Hebrew University of Jerusalem Legal Research Paper 18-7, Hebrew University of Jerusalem International Law Forum Working Series 09-17, Available at SSRN: https://ssrn.com/abstract=3087179 or http://dx.doi.org/10.2139/ssrn.3087179

Tomer Broude (Contact Author)

Hebrew University of Jerusalem - International Law Forum ( email )

Mount Scopus
Mount Scopus, IL 91905
Israel

Yahli Shereshevsky

Hebrew University of Jerusalem - Faculty of Law ( email )

Mount Scopus
Mount Scopus, IL 91905
Israel

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