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validity of international law

Leiden Journal of International Law (1)

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1 results

Shades of Grey: Soft Law and the Validity of Public International Law
JAYE ELLIS
Journal:

Leiden Journal of International Law / Volume 25 / Issue 2 / June 2012

Published online by Cambridge University Press:

26 March 2012, pp. 313-334

Print publication:

June 2012
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Soft law is often seen as a way to overcome certain problems of legitimacy in international law, notably the weaknesses of a voluntaristic conception of international law's validity. Other perceived benefits of soft law include flexibility, speed of adoption and modification, and even effectiveness. Yet, soft law is seen by others as a threat to law, because it effaces the border between law and politics. This paper explores different approaches to the boundary between law and not-law that seek both to maintain this boundary and to reconceptualize it in a way that better anchors the validity of international legal rules.