Colouring Within the Lines: How the International Legal Operating System Influences Rule Creation
Document Type
Article
Publication Date
6-2008
Journal Title
Global Society
ISSN
1360-0826
DOI
10.1080/13600820802090470
Abstract
Some of the most visible changes in the international legal system occur when treaties specify new rules or norms of behaviour for its members. Each of these is a component of what has been referred to elsewhere as the “normative system”, or the part of the international legal system that is quasi-legislative in character by mandating particular values and directing specific changes in state and other actors' behaviour. Yet the normative system is only part of the international legal system; we adopt the term “operating system” to refer to the other segment. This article identifies six different ways that extant provisions or changes in the international legal operating system condition international rule creation: (1) setting the parameters of acceptability, (2) clarifying credible commitment, (3) providing flexibility, (4) actor specification, (5) forum specification and (6) direct law-making.
First Page
319
Last Page
336
Num Pages
18
Volume Number
22
Issue Number
3
Publisher
Routledge
Recommended Citation
Paul F. Diehl & Charlotte Ku,
Colouring Within the Lines: How the International Legal Operating System Influences Rule Creation,
22
319
(2008).
Available at:
https://scholarship.law.tamu.edu/facscholar/841