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The International Rule of LawRise or Decline?$
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Heike Krieger, Georg Nolte, and Andreas Zimmermann

Print publication date: 2019

Print ISBN-13: 9780198843603

Published to Oxford Scholarship Online: September 2019

DOI: 10.1093/oso/9780198843603.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 28 September 2021

The Rule of International (Environmental) Law and Complex Problems

The Rule of International (Environmental) Law and Complex Problems

Chapter:
(p.211) 14 The Rule of International (Environmental) Law and Complex Problems
Source:
The International Rule of Law
Author(s):

Jutta Brunnée

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198843603.003.0014

The chapter highlights the main features of climate change as a complex policy challenge. Drawing on the interactional account of international law it sets out the key traits of legality and the rule of law in the international context. It focuses primarily on how treaty-based law has evolved to grapple with complexity on the one hand, and meeting the demands of the rule of law on the other. The 2015 Paris Agreement, which was adopted under the auspices of the FCCC and employs an unprecedented range of legal ‘modes’, is taken as the key example. It is argued that the ‘hard’ vs ‘soft’ law distinction is not the most informative metric when it comes to exploring the trajectory of the international rule of law. Analytic attention is most fruitfully directed to the distinctive traits of legal norms and practices; traits that transcend traditional conceptions of formality and informality.

Keywords:   climate change law, Paris Climate Change Agreement, informality, treaties, rule of law

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