venerdì 9 marzo 2012

Pauwelyn on Public International Law and the Conflicts-Law Approach

Public International Law and the Conflicts-Law Approach


Joost Pauwelyn


Graduate Institute of International and Development Studies (HEI)


October 13, 2011


Abstract:     
What are the challenges when thinking about public international law through the three dimensional prism of the conflicts-law approach? This contribution describes how international law is based on a “thin consent” paradigm. It then explores challenges that come with this paradigm under each of the conflicts-law three dimensions: law as system (how to open up a specific treaty regime to other legal orders?); law as regulation (how to open up law to non-legal expertise?); and law as governance (how to open up law to informal or para-legal regimes?). In conclusion, a shift is pointed at from “thin consent” to “thick consensus”. This shift affects in particular the parallel universe of transnational standard-setting. Yet, it also finds early reflections in formal international law adjudication.
Number of Pages in PDF File: 16
Keywords: conflicts-law, conflict of laws, public international law, adjudication

Full text available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2017542 

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