E. Governance Mechanisms

Abstract

From a public international legal point of view, the creation of international rules is one of the most controversial – and also interesting – problems discussed at theoretical level in the area of global governance. The obvious limits of Article 38 (1) of the ICJ-Statute1, the issue of the binding force of rules and (related to this) the bifurcation between legal and social norms are just keywords to denote that theoretical controversy which is far from having been resolved2. Reconsidering the plurality of institutional actors described under D., it may be submitted that there is at least a minimum categorisation of clear and contentious cases in international legal theory: networks of sub-state entities or international non-governmental organisations are subject to scrutiny by public international lawyers, and although their status in public international law is not clear in detail, their existence is at least undoubted as distinct categories. Contrary to this, uncertainty with respect to rules and lawmaking could not be greater, hidden behind smoke screens denominated such as “soft law” or “self-regulation”.