Reflexive Butterfly Catching: Insights from a Situated Catcher

Andrea Bianchi

in Informal International Lawmaking

Published in print September 2012 | ISBN: 9780199658589
Published online January 2013 | e-ISBN: 9780191742248 | DOI:
Reflexive Butterfly Catching: Insights from a Situated Catcher

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This chapter offers a possible way out of the dilemmas emerging from a legal approach to informal international lawmaking (IN-LAW). It does so from the perspective of ‘constructivism light’. The normative outcomes of IN-LAW have no distinct legal structure from treaties. Both could be seen as different points on a spectrum of commitment. Both types of agreements, so to speak, affect States’ incentives, because both affect the relevant pay-offs. The conglomerate of such heterogeneous regulatory forms is part of one very variegated but recognizably ‘global’ administrative space. This, however, is not all that new; and also not that important. The chapter argues that rather than asking what is it that IN-LAW does, we should focus on the question of what is it that we do with IN-LAW.

Keywords: international law; informal law; lawmaking; international relations theory; constructivism; international agreements

Chapter.  8597 words. 

Subjects: Public International Law

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