Edited by Bardo Fassbender
The Evolution of the Third Source of International Law Through the Jurisprudence of the Permanent Court of International Justice and the International Court of Justice
Edited by Myron H. Nordquist, John Norton Moore and Ronán Long
Volume 1 (2018)
Edited by Giulio Bartolini, Dug Cubie, Marlies Hesselman and Jacqueline Peel
Volume One features a thematic section on the Draft Articles of the ILC on the “Protection of Persons in the Event of Disasters” as well as a general selection of articles, and an international and regional review of International Disaster Law in Practice, plus book reviews and bibliography.
Edited by Frauke Lachenmann and Rüdiger Wolfrum
Edited by Stephan Wittich, Jane A. Hofbauer and Gerhard Loibl
The Fate of Charity in Turbulent Times
David P. Forsythe
Path Dependence amidst Institutional Change
In an era defined by forum shopping, institutional proliferation, and regime complexity, why do global governance arrangements remain relatively stable? This article combines the insights of regime complexity scholarship with historical institutionalism to address this question. It argues that the establishment of international regimes creates winners and losers. States dissatisfied with these arrangements push for institutional change. Regimes nonetheless tend to develop in a path-dependent manner because institutions are resistant to change and the winners under the status quo seek to protect it. Thus, existing governance arrangements exert a centripetal pull, even when states engage in forum shopping and institutional proliferation to generate regime complexity. An examination of path-dependent institutional development in the global climate regime supports the argument.