@article{2018:jokubauskaite:the_legal_,
title = {The Legal Nature of the World Bank Safeguards},
year = {2018},
note = {Building on the Brunnée and Toope’s theory of interactional law and
its use of Fuller’s criteria of legality, this paper argues that the
World Bank safeguards, especially their reincarnation through the
Environmental and Social Framework (ESF), is a source of law that is
binding on all international legal subjects. The paper criticises
categories such as ‘internal law’ and ‘soft law’ that are
traditionally used to describe the status of non-treaty rules, arguing
that such categories are theoretically opaque, thus leading to a
‘dead-end’ in the discussion about sources of normativity beyond
the Article 38 of the ICJ statute. The core aim of this paper is to
demonstrate that international legal obligations such as those created
by the ESF can be understood in dynamic terms, and that we can only
ascertain their legal nature by observing their impacts, operation and
authoritativeness in practice.},
journal = {VRÜ Verfassung und Recht in Übersee},
pages = {78--102},
author = {Jokubauskaite, Giedre},
volume = {51},
number = {1}
}