Chapter

The Legal Nature of Informal International Law: A Legal Theoretical Exercise

Dick WP Ruiter and Ramses A Wessel

in Informal International Lawmaking

Published in print September 2012 | ISBN: 9780199658589
Published online January 2013 | e-ISBN: 9780191742248 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199658589.003.0008
The Legal Nature of Informal International Law: A Legal Theoretical Exercise

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This chapter departs from the presumption that informal international lawmaking (IN-LAW) is law. What arguments does legal theory offer when we indeed wish to include the IN-LAW processes in our legal thinking? Using institutional legal theory, the chapter asks whether it is not possible (or perhaps even more logical) to view the prima facie non-legal phenomena as law. Using one of the case studies as and illustration, they argue that we may need to reassess the sources of international law to the extent that consensus within an international professional community on the best available knowledge and expertise can offer a foundation for legal powers to issue hortations enjoying validity under international law.

Keywords: international law; informal law; lawmaking; institutional legal theory; soft law

Chapter.  11534 words. 

Subjects: Public International Law

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