Chapter

Keeping Domestic Soft Law Accountable: Towards a Gradual Formalization

Alexandre Flückiger

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/9780199658589.003.0020
Keeping Domestic Soft Law Accountable: Towards a Gradual Formalization

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Answers to the question of the accountability of actors involved in informal international lawmaking (IN-LAW) can be found (also) at the domestic level. Focusing on Swiss law, the chapter shows how domestic law has introduced various mechanisms to ensure their legitimacy and control. The chapter reveals that as a result of these developments accountability mechanisms have gradually formalized non-binding acts, so that they are no longer merely informal themselves. The chapter’s starting point is that since accountability is called for when States use non-binding acts to shape the behaviour of individuals, the same is required also in respect of IN-LAW which has similar effects.

Keywords: international law; informal law; lawmaking; Switzerland; legitimacy; accountability

Chapter.  13168 words. 

Subjects: Public International Law

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