The Influence of Non-National Law on Domestic Law: Inspiration, Integration, and the Imposition of Standards

Abstract

Domestic law is increasingly influenced by international law, the law of other countries, and even by standards developed and adopted by private networks. Domestic issues are becoming the topics of a new international law created not only through treaties, customs, and negotiations among states but also through other mechanisms. This article analyzes the different means of building international law today, of which I identify three primary mechanisms: inspiration, integration, and the imposition of standards. Inspiration occurs when legislators or public officials use standards from other countries, private standards, or international standards as sources for domestic discussions that seek to create a norm to solve a problem or handle a specific situation. Integration occurs through the expansion of frontiers or by regional systems such as NAFTA, Mercosur, and the European Union. Standards are imposed when a stronger state forces the adoption of standards globally or directly in other countries through military, economic, or political means. This paper makes an original contribution by showing how new international law is created by mechanisms other than treaties and customs.

Keywords: International law, imposition of standarts, NAFTA, MERCOSUR, European Union, private networks, global administrative law, international human rights, international humanitarian law, international economic law

JEL Classification: K30, K33, K39, K40, l30, P16, P26