Download Netherlands Yearbook of International Law 2014: Between by Mónika Ambrus, Ramses A. Wessel PDF

By Mónika Ambrus, Ramses A. Wessel

The Netherlands Yearbook of overseas Law used to be first released in 1970. It bargains a discussion board for the booklet of scholarly articles of a extra basic nature within the zone of public foreign legislation together with the legislation of the ecu Union.

One of the main features or reasons of foreign legislation (and legislation more often than not for that topic) is to supply long term balance and felony walk in the park. but, foreign felony ideas can also functionality as instruments to house non-permanent or continuously altering concerns and instead of reliable, overseas legislations can have to be versatile or adaptive. Prima facie, you may ponder major different types of transitority features correct from the viewpoint of overseas legislations. First, the character of the item addressed via overseas legislation or the ‘problem’ that overseas legislation goals to deal with will be inherently transitority (temporary objects). moment, a topic of foreign legislation should be created for a particular time period, after the elapse of which this entity ceases to exist (temporary subjects). most of these temporariness bring up numerous questions from the point of view of overseas legislation, that are infrequently addressed from a extra conceptual standpoint. This quantity of the Netherlands Yearbook of overseas Law goals to do just that through asking the query of the way overseas legislation reacts to varied forms of transitority concerns. positioned another way, the place does overseas legislations stand at the continuum of predictability and pragmatism by way of transitority matters or institutions?

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Asser press and the authors 2015 M. A. 1007/978-94-6265-060-2_2 19 20 R. 1 Introduction An important role of international law is to provide long-term stability and legal certainty. This function presumes that international law-making creates discrete norms and institutions that remain static until they are changed (or replaced) by other discrete institutions. This paper adopts a different point of departure to think about ‘temporariness’. It suggests a dynamic view of norm creation and institutional change in global governance.

32 Hancher and Moran 1989. 33 Ibid. 34 Ibid. 26 2 Temporariness and Change in Global Governance 29 These dynamics can be observed in global governance. ’35 This image of a ‘regulatory space’ aptly captures some of the dynamic interactions between international norms and institutions that characterise global governance. Most important for our purposes, it is also useful to think differently about change in international law. As was discussed earlier, international law fails to register the process of incremental change.

Private parties will use the different patterns of influence and change among institutions as a tool to achieve their goal. This, in turn, could have normatively desirable results, or could further empower global actors that are already mighty, as they hold the expertise to read the patterns of influence and ‘gravitational pulls’ described in this contribution. 56 Teubner and Korth 2012, at 37. 2005, at 600. 58 See, generally, Koskenniemi 2007; Uruena 2012b, at 74–77. 59 See Kennedy 2005. 57 Koskenniemi 2 Temporariness and Change in Global Governance 35 An example of a desirable outcome is the engagement of activists with the human rights regulatory space.

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