Chapter

Introduction: <i>Law, Non-Law and the Problem of ‘Soft Law’</i>

Dinah Shelton

in Commitment and Compliance

Published in print October 2003 | ISBN: 9780199270989
Published online January 2010 | e-ISBN: 9780191707704 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199270989.003.0001
Introduction: Law, Non-Law and the Problem of ‘Soft Law’

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This introductory chapter sets forth a framework for the present study, beginning with a discussion of the traditional characteristics of international law. It then looks at recent changes in the international system and the difficulties they pose for resolving problems through traditional international law-making, leading to a discussion of the role of law and the rule of law generally, including the importance of compliance. It suggests several hypotheses about the reasons states have recourse to non-binding norms and what may be expected from a study of compliance with them.

Keywords: international law; international legal system; law-making; rule of law; compliance

Chapter.  8073 words. 

Subjects: Public International Law

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