Evolution of International Law: Two Thresholds, Maybe a Third

D’Amato, Anthony (Northwestern University School of Law)

AAAI Conferences 

International law is a singular exception to the top-down systems of law within nations. It presents the puzzle of how the law can be created or changed in the absence of authoritative rule-making institutions. The present paper is part of a work in progress that locates the law-making apparatus of international law in a complex adaptive system. Herein the focus is on thresholds. The first and most detailed threshold describes the emergence of the complex adaptive system. The second threshold consists of the transformation of international law from the voluntary to the automatic. The third threshold is here but has not yet been crossed: actualizing human rights as enforceable claims by individuals against States.

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