TY - CHAP
T1 - Explaining the Practical Purchase of Soft Law
T2 - Competing and Complementary Behavior Hypotheses
AU - Broude, Tomer
AU - Shereshevsky, Yahli
PY - 2021
Y1 - 2021
N2 - Why do international and domestic legal actors employ and even apply international soft law sources, although these sources are not legally binding? In this chapter, after surveying different ways in which soft law is employed and applied in international and domestic courts, we offer several rational choice and behavioral hypotheses regarding the influence of soft law. These hypotheses are examined in relation to different types of soft law instruments and different actors who apply and create soft law. We conclude with a brief discussion of the dialectic relationship between soft law making and the influence of soft law.
AB - Why do international and domestic legal actors employ and even apply international soft law sources, although these sources are not legally binding? In this chapter, after surveying different ways in which soft law is employed and applied in international and domestic courts, we offer several rational choice and behavioral hypotheses regarding the influence of soft law. These hypotheses are examined in relation to different types of soft law instruments and different actors who apply and create soft law. We conclude with a brief discussion of the dialectic relationship between soft law making and the influence of soft law.
U2 - 10.1017/9781316979792.005
DO - 10.1017/9781316979792.005
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T3 - ASIL Studies in International Legal Theory
SP - 98
EP - 127
BT - International Law as Behavior
A2 - Cohen, Harlan Grant
A2 - Meyer, TimothyEditors
PB - Cambridge University Press
ER -