Three questions about “informal regulation”

Tams, C. J. (2018) Three questions about “informal regulation”. AJIL Unbound, 112, pp. 108-112. (doi: 10.1017/aju.2018.40)

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In the grand debates of international law, the jus ad bellum is often proclaimed dead, and just as often praised as the “cornerstone” of the contemporary legal order. Both perspectives tend to ignore that the jus ad bellum is not static, but a body of law that states adjust over time. In an important contribution, Monica Hakimi proposes to look at one particular aspect of such adjustment, a concept she frames as “informal regulation” through Security Council action. This essay engages with Hakimi's approach. It inquires whether this approach is as “informal” as Hakimi suggests, and asks whether “informal regulation”—rather than constituting a new category of state activities to study—is not already part of conventional approaches to the jus ad bellum. Proceeding from Hakimi's analysis, the comment assesses whether there is room for “informal regulation” beyond the Security Council.

Item Type:Articles
Glasgow Author(s) Enlighten ID:Tams, Professor Christian
Authors: Tams, C. J.
College/School:College of Social Sciences > School of Law
Journal Name:AJIL Unbound
Publisher:Cambridge University Press
ISSN (Online):2398-7723
Published Online:18 June 2018
Copyright Holders:Copyright © 2018 The American Society of International Law and Christian J. Tams
First Published:First published in AJIL Unbound 112:108-112
Publisher Policy:Reproduced under a Creative Commons License

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