| NAME | STATIST AND INTERNATIONAL ORGANIZATION SOFT LAW | PROCESS-ORIENTED SOFT LAW | EXPERTISE-ORIENTED SOFT LAW | DE FACTO RELEVANT STANDARD SOFT LAW |
|---|---|---|---|---|
| Main features | - Focus on States/IO - Aggregative dimension (=> emergence of a consensus) | - Focus on legally relevant effect through crystallization of relevant issues/solutions - Claim to identify/structure the relevant issues and/or to provide interpretative guidance | - Focus on legally relevant effect through interpretative guidance | - Technical standards/rules set by global/regional organizations |
| Further research questions | - Empirical investigation on an emerging consensus - Computational tools to further structure and analyse texts (NLP/sentiments analysis, see below) | - Empirical investigation on the impact of specific crystallization processes - Normative work on the quality required for the process | - Definition of expertise (e.g. tensions with economic/political interests) - Normative work on integrating this interpretative guidance into VCLT canons - Empirical investigation on how this expertise enters the law | - Empirical investigation on how these technical standards enter the law - Normative work on the quality required for the standard-setting process |
DOI: https://doi.org/10.5334/tilr.297 | Journal eISSN: 2211-0046
Language: English
Published on: Feb 17, 2023
Published by: Ubiquity Press
In partnership with: Paradigm Publishing Services
Publication frequency: 1 issue per year
Keywords:
© 2023 Johan Rochel, published by Ubiquity Press
This work is licensed under the Creative Commons Attribution 4.0 License.