Primary Effects of Secondary Rules: Institutions and Multi-Level Governance
Document Type
Book Section
Publication Date
11-2016
ISBN
978-1-349-95053-9
DOI
10.1057/978-1-349-95053-9_2
Abstract
Ku and Diehl’s chapter broadens the traditional conception of secondary rules, defining the international legal system as composed of operating and normative subsystems respectively. Three sets of mechanisms by which secondary rules influence primary rules are examined: (1) configuring institutional frameworks, (2) enhancing the credible commitment of new primary rules, and (3) institutions directly or indirectly making normative law. The conclusions are that secondary rules play important roles in each of these areas. A consistent theme is that the operating system can reduce uncertainty and fill gaps in the existing governance structures. There, secondary rules promote efficiency and coherence in the law. There are, however, instances in which such rules complicate matters, as in several cases lawmaking might be stifled and governance not promoted.
First Page
29
Last Page
57
Num Pages
29
Publisher
Palgrave Macmillan
Place
London
Editor
Monika Heupel & Theresa Reinold
Book Title
The Rule of Law in Global Governance
Recommended Citation
Ku C., Diehl P.F. (2016) The Primary Effects of Secondary Rules: Institutions and Multi-level Governance. In: Heupel M., Reinold T. (eds) The Rule of Law in Global Governance. Palgrave Macmillan, London