Chapter

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: http://dx.doi.org/10.1093/acprof:oso/9780199658589.003.0010
Reflexive Butterfly Catching: Insights from a Situated Catcher

Show Summary Details

Preview

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

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.