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Filling In the Gaps: Extrasystemic Mechanisms for Addressing Imbalances Between the International Legal Operating System and the Normative System

Filling In the Gaps: Extrasystemic Mechanisms for Addressing Imbalances Between the International... Global Governance 12 (2006), 161– 183 Filling In the Gaps: Extrasystemic Mechanisms for Addressing Imbalances Between the International Legal Operating System and the Normative System Charlotte Ku and Paul F. Diehl What happens when there is an imbalance between the operating and normative systems of international law? One obvious outcome is noth- ing; the imbalance remains, and the norms of the system are not given full effect. For example, human rights provisions abound, but they can be widely ignored in the absence of enforcement mechanisms. In this article, we identify several other possibilities. Our contention is that adaptations occur that compensate for, or at least mitigate, the effects of the operating-normative systems imbalance. Specifically, we ex- plore four kinds of extrasystemic (at least from the perspective of the international legal system) adaptations: (1) actions by nongovernmen- tal organizations and transnational networks, (2) internalization of international law, (3) domestic legal and political processes, and (4) “soft law” mechanisms. Our contention is that the international legal system is partly kept functioning by these actors and mechanisms, even though they technically fall outside the framework of the inter- national legal system. KEYWORDS: international law, NGOs, soft law, norms, compliance. ebates over the http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Global Governance: A Review of Multilateralism and International Organizations Brill

Filling In the Gaps: Extrasystemic Mechanisms for Addressing Imbalances Between the International Legal Operating System and the Normative System

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1075-2846
eISSN
1942-6720
DOI
10.1163/19426720-01202005
Publisher site
See Article on Publisher Site

Abstract

Global Governance 12 (2006), 161– 183 Filling In the Gaps: Extrasystemic Mechanisms for Addressing Imbalances Between the International Legal Operating System and the Normative System Charlotte Ku and Paul F. Diehl What happens when there is an imbalance between the operating and normative systems of international law? One obvious outcome is noth- ing; the imbalance remains, and the norms of the system are not given full effect. For example, human rights provisions abound, but they can be widely ignored in the absence of enforcement mechanisms. In this article, we identify several other possibilities. Our contention is that adaptations occur that compensate for, or at least mitigate, the effects of the operating-normative systems imbalance. Specifically, we ex- plore four kinds of extrasystemic (at least from the perspective of the international legal system) adaptations: (1) actions by nongovernmen- tal organizations and transnational networks, (2) internalization of international law, (3) domestic legal and political processes, and (4) “soft law” mechanisms. Our contention is that the international legal system is partly kept functioning by these actors and mechanisms, even though they technically fall outside the framework of the inter- national legal system. KEYWORDS: international law, NGOs, soft law, norms, compliance. ebates over the

Journal

Global Governance: A Review of Multilateralism and International OrganizationsBrill

Published: Aug 3, 2006

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