International Law Outline



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Chinkin (95-96)

  • Why some actors might prefer

    1. Shelton (96-97)

      1. May reflect respect for hard law

      2. Good for when concerned about non-compliance

      3. Can induce states to participate, pressure non-consenting states to conform

      4. Can be adopted faster – quickly amended/replaced

  • Criticism of soft law

    1. What law does BEST is take life’s complexity and make it into binary oppositions/workable notions

      1. Best when binding Klabbers (95, as discussed in Chinkin)

    2. COMMODIFICATION of int’l law – use when it’s useful, ignore when it’s not and use something else

  • Examples of soft law

    1. Helsinki Final Act of 1974 (93) – best example of soft law

      1. 35 european governments gathered to create three sets/baskets of principles

        1. Expressly understood to be legally nonbinding, but have been invoked to challenge nonconforming behavior by other states.

      2. Became OSCE.

      3. REFERENCED in Georgia EU Report as if it was BINDING.

    2. GA resolutions, administrative decisions by agencies of international organization, codes of conducts, interpretive statements regarding treaties

    3. World Bank attempts to create nonbinding guidelines re: FDI


    4. Directory: sites -> default -> files -> upload documents
      upload documents -> Always put things in threes (eskridge has ocd) I. Procedural Due Process and Reading a Case
      upload documents -> Federalism – The Structure of Government
      upload documents -> General Info About Property law
      upload documents -> Con law professor Larry Sager Fall 1995 I. U. S. Term limits V. Thornton
      upload documents -> Property with Professor Vicki Been
      upload documents -> Property Outline – Professor Upham, Spring 2000
      upload documents -> Constitutional law outline part I: structure of government judicial review and constitutional interpretation
      upload documents -> Complex federal investigations
      upload documents -> Foundations: Agency Law Introduction to law of enterprise organizations
      upload documents -> Pricing v. Sanctions


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