Understanding the interaction of international hard and soft law in a fragmented international law system is increasingly important in a world where international regimes are proliferating, but where there is no overarching legal hierarchy. This Article responds to the existing literature on hard and soft law, which almost exclusively focuses on how they operate as alternatives and complements to each other. First, it shows how international hard- and soft-law instruments often serve as antagonists to each other. Second, it shows how such an antagonistic interaction can affect the very nature of international hard- and soft-law regimes, potentially leading to the hardening of soft-law regimes and the softening of hard-law regimes. Third, it specifies the conditions under which actors are likely to employ hard and soft law as alternatives, complements, or antagonists. The existing literature is not wrong to examine how hard and soft law may be employed as complements and alternatives, but this literature tells only part of the story. This Article provides an analytic framework for understanding the conditions under which states and other actors choose to employ hard and soft law in different ways, emphasizing the role of distributive conflict among countries and their constituencies as the primary factor leading to the use of international hard and soft law as antagonists. The Article elaborates five general hypotheses, whose plausibility is examined with respect to numerous empirical examples involving multiple policy domains.
News & Events
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Volume 97 Lead Piece Profiled in New York Times
The Volume 97 Lead Piece, a study of how the Supreme Court treats business interests by distinguished legal scholars Lee Epstein, William M. Landes, and Richard A. Posner, was profiled in the May 5, 2013 edition of the New York Times. The story, titled Corporations Find a Friend in the Supreme Court, [...]
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Volume 98 Spring Submissions Closed
The Minnesota Law Review has closed the spring submissions period for Volume 98. Submissions for Volume 98 will reopen on Thursday, August 1. Please see the submissions page for more details.
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Volume 98 Submissions Will Open Feb. 15
The Minnesota Law Review will begin accepting submissions for Volume 98 on Friday, February 15, 2013. Please see this page for more details.
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Minnesota Law Review Announces Volume 98 Editorial Board
The Minnesota Law Review is pleased to announce its Volume 98 editorial board, headed by Editor in Chief Jake Vandelist.
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Minnesota Law Review Announces 2013 Symposium Topic
The Minnesota Law Review is pleased to announce that its 2013 symposium will address the legal and political issues facing organized labor in the United States. The symposium will be held at the University of Minnesota Law School on October 25, 2013.
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