The application of informal international instruments before domestic courts

摘要: The rigidity associated with formal international law has induced states and organizations to resort declarations, comments, guidelines other "informal" instruments. Despite their informality, many of these non-treaty instruments are adopted the expectation that actions would be taken at domestic level. This paper analyzes how on what basis courts indeed apply informal limited survey judicial practices unveils references instruments, albeit in cases symbolic, influence outcome give rise question justification. degree need for justification vary depending purposes which employed, types weight they carry reasoning. offered explicitly or implicitly by resorting documents is persuasiveness, as opposed bindingness, Yet constitutes persuasiveness remains unclear, this uncertainty renders unstable legitimacy engagement While we identified systematic association treaties, independence institutions adopt wider public acceptance possible variables constitute rather non-substantive criteria do not exhaust possibly more value-laden factors determine reference