Grégoire Mallard
The Graduate Institute, Geneva



(Tuesday, 20th May 2014)

Title : New Approaches to global legal ordering

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My lecture will address an issue that international lawyers and political scientists have increasingly debated: the issue of the ‘fragmentation’ of international law, and how states, international organizations, NGOs deal with tensions between overlapping systems of rules. I will show how, when conflicts between various bodies of laws and rules (some of them informal, others formal) emerge, they can be harmonized, and with what effects on the predictability and legitimacy of international rules. The lecture will pay particular attention to the interpretive quality of the rules (their being transparent, ambiguous or opaque) and on its effects on the outcome of harmonization efforts.

Bibliographical references :

Must read reference : Grégoire Mallard. 2014. “Crafting the Nuclear Regime Complex (1950-1975): Dynamics of Harmonization of Opaque Treaty Rules.” European Journal of International Law. 25(2).

Shaffer, Gregory, and Mark Pollack. 2010. “Hard vs. Soft Law: Alternatives, Complements and Antagonists in International Governance.” Minnesota Law Review 94: 706–97.

Halliday, Terence C., and Bruce G. Carruthers. 2007. “The Recursivity of Law: Global Norm Making and National Lawmaking in the Globalization of Corporate Insolvency Regimes.” American Journal of Sociology 112 (4): 1135–1202.