Bilateralism, Multilateralism, and the Architecture of International Law
Bilateralism, Multilateralism, and the Architecture of International Law The Harvard community has made this article openly available. Please share how this access benefits you. Your story matters Citation Gabriella Blum, Bilateralism, Multilateralism, and the Architecture of International Law, 49 Harv. Int'l L.J. 323 (2008). Published Version http://www.harvardilj.org/site/wp-content/uploads/2010/07/ HILJ_49-2_Blum.pdf Citable link http://nrs.harvard.edu/urn-3:HUL.InstRepos:10880577 Terms of Use This article was downloaded from Harvard University’s DASH repository, and is made available under the terms and conditions applicable to Open Access Policy Articles, as set forth at http:// nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of- use#OAP \\server05\productn\H\HLI\49-2\HLI201.txt unknown Seq: 1 20-MAY-08 13:29 VOLUME 49, NUMBER 2, SUMMER 2008 Bilateralism, Multilateralism, and the Architecture of International Law Gabriella Blum* This paper studies the different roles, impact, and operation of bilateral treaties and multilateral treaties as structures within the architecture of international law. I observe that the preference for bilateralism or multilateralism in international lawmaking is often determined not by an informed choice but by an instinctive association of political schools or bureaucratic affiliations with different forms of international regulation. This association, however, is not always founded on a just appreciation of the workings of either form in various contexts or of the way in which the two interact with each other. I set out to offer a framework for such an appreciation and assess the workings of multilateral treaties and bilateral treaties along three dimensions: the contribution of the respective instruments to the advancement of an interna- tional rule of law; the operation of the regime in terms of its effectiveness, efficiency, and compliance; and the democratic legitimacy of the making of each regime.
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