Publication details
From Public International to International Public Law: Translating World Public Opinion into International Public Authority (February 25, 2016). Max Planck Institute for Comparative Public Law & International Law (MPIL) Research Paper No. 2016-02.
Working paperAuthor(s): von Bogdandy, Armin; Goldmann, Matthias; Venzke, Ingo
Year of publication: 2016
Abstract: This paper argues that increasing demands in world public opinion for legitimate and effective international institutions require a paradigm shift in public international law. There is a part of public international law that should better be understood as international public law, because it enables and disciplines the pursuit of public interests by international institutions. We consider such activities as exercises of international public authority. The article elaborates our approach by way of a thorough discussion of other approaces to governance phenomena in international legal scholarship. It then carves out the notion of international public authority. This notion includes various types of soft and informal governance instruments with innovative compliance mechanisms, as well as the activities of informal and hybrid institutions or network-like structures.
Keywords: public law, Global Governance, International Law, constitutionalism, International Organizations, Authority, global administrative law, world public opinion, soft law
Research area: Research Area 3: The Plurality of Normative Orders: Competition, Overlapping, InterconnectionResearch project: The Exercise of Public Authority on the International, Supranational, and Domestic Levels: Reconstructing Public Law to Face the Challenges of Multilevel Governance
Subject(s): law, political science
Full text: https://ssrn.com/abstract=2770639
