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5 - Explaining the Practical Purchase of Soft Law

Competing and Complementary Behavior Hypotheses*

Published online by Cambridge University Press:  15 March 2021

By
Tomer Broude  and
Yahli Shereshevsky
Edited by
Harlan Grant Cohen  and
Timothy Meyer
Harlan Grant Cohen
Affiliation:
University of Georgia
Timothy Meyer
Affiliation:
Vanderbilt University, Tennessee
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Summary

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.

Keywords

Soft LawInternational CourtsBehavioral EconomicsAnchoringSources
Type
Chapter
Information
International Law as Behavior , pp. 98 - 127
Publisher: Cambridge University Press
Print publication year: 2021

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