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Full-Text Articles in Social and Behavioral Sciences
Towards A Communicative Theory Of International Law, Timothy L. Meyer
Towards A Communicative Theory Of International Law, Timothy L. Meyer
Scholarly Works
Does international law's effectiveness require a clear distinction between law and non-law? This essay, which reviews Jean d'Aspremont's Formalism and the Sources of International Law, argues the answer is no. Ambiguity about the legal nature of international instruments has important benefits. Clarity in the law may encourage states to do the minimum necessary to comply, while some uncertainty about what the law requires may induce states to take extra efforts to ensure they are in compliance. Ambiguity in the law also promotes dynamic change, an important feature in rapidly developing areas of the law such as international environmental law and …
The Impact Of Design On The Compliance Of States With International Agreements, Jakub Walko
The Impact Of Design On The Compliance Of States With International Agreements, Jakub Walko
Dissertations and Theses
This work tackles the question of the importance of design of international agreements on the compliance they elicit on all levels of the global trade regime. Discussing the international legal theories that underpin the different perspectives on this issue and scrutinizing case studies of both large and small treaties this thesis establishes the impact that elements of an agreement's structure have on its aggregate success. A case study of the GATT/WTO system illustrates the challenges of scale and diversity of trade issues while the study of the OILPOL and MARPOL environmental pollution regimes presents a lens on the practical implementation …
The European Court Of Justice, State Non-Compliance, And The Politics Of Override, Alec Stone Sweet
The European Court Of Justice, State Non-Compliance, And The Politics Of Override, Alec Stone Sweet
Alec Stone Sweet
No abstract provided.