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La légitimité démocratique des instruments internationaux de droit souple
Protic Jelena
2026
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The growing reliance on international soft law instruments is raising concerns among some national parliamentarians, who perceive an increasing marginalization in these normative processes. This book examines the tension between the use of international soft law instruments and the demands of democratic legitimacy. The author argues that Swiss law provides opportunities for parliamentary involvement, the exercise of which can strengthen the democratic legitimacy of said instruments. Although the Federal Council and its administration have a responsibility to optimize the practical aspects of the existing modes of parliamentary involvement, the members of the Federal Assembly also bear some responsibility for their own involvement. However, Swiss parliamentarians cannot single-handedly reform an international system that fosters the proliferation of soft law and whose structure remains ill-suited to their participation.
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Keywords
- Assemblée fédérale
- Conseil fédéral
- droit souple
- gouvernance mondiale
- parlement
- Participation parlementaire
- soft law
- thema EDItEUR::L Law::LB International law
- thema EDItEUR::L Law::LB International law::LBB Public international law
- thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law
Links
DOI: 10.38107/076Editions