Open AccessThe Dialogic Aspect of Soft Law in International Insolvency: Discord, Digression, and Development
Author(s) -
John A. E. Pottow
Publication year - 2019
Publication title -
michigan journal of international law
Language(s) - English
Resource type - Journals
eISSN - 2688-5522
pISSN - 1052-2867
DOI - 10.36642/mjil.40.3.dialogic
Subject(s) - soft law , delegate , dialogic , law , international law , function (biology) , insolvency , political science , law and economics , sociology , pedagogy , evolutionary biology , computer science , biology , programming language
In this study, I describe three important articles in the IRJ model law and discuss their development, drawing in part upon my experience as a delegate to UNCITRAL Working Group V. In doing so, I want to situate these developments within the broader discussions of international law and international relations theory regarding soft law. Doing so will both vindicate and puzzle some of the conventional understanding of how soft law instruments tend to function, although some of the conclusions must necessarily be conjectural at this stage.