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Published online by Cambridge University Press: 25 April 2025
1 See generally Informal International Lawmaking (Joost Pauwelyn, Ramses Wessel & Jan Wouters eds., 2012).
2 For example, Karen Alter has integrated historical institutionalist insights into her study of international courts, for instance: Karen Alter, The New Terrain of International Law: Courts, Politics, Rights (2014). Historical institutionalism was employed to explain the growth of investor-state arbitration in: Taylor St John, The Rise of Investor-State Arbitration: Politics, Law, and Unintended Consequences (2018).
3 Fioretos, Orfeo, Institutions and Time in International Relations, in International Politics and Institutions in Time 12 (Fioretos, Orfeo ed., 2017)CrossRefGoogle Scholar.
4 Streeck, Wolfgang & Thelen, Kathleen, Introduction, in Beyond Continuity: Institutional Change in Advanced Political Economies 8 (Streeck, Wolfgang & Thelen, Kathleen eds., 2005)Google Scholar.
5 Mahoney, James & Thelen, Kathleen, A Theory of Gradual Institutional Change, in Explaining Institutional Change: Ambiguity, Agency, and Power 14 (Mahoney, James & Thelen, Kathleen eds., 2010)Google Scholar (observing “where we expect incremental change to emerge is precisely in the ‘gaps’ or ‘soft spots’ between the rule and its interpretation or the rule and its enforcement”)
6 Streeck & Thelen, supra note 4, at 19.
7 Adam Bower, Norms Without the Great Powers: International Law and Changing Social Standards in World Politics (2017).
8 See Hakimi, Monica, The Work of International Law, 58 Harv. Int'l L.J. 1, 5 (2017)Google Scholar (observing that “even as international law enables global actors to work past their differences and toward their shared ends, it also enables them to hone in on those differences and disagree—at times fiercely and without resolution”).
9 Hacker, Jacob S., Pierson, Paul & Thelen, Kathleen, Drift and Conversion: Hidden Faces of Institutional Change, in Advances in Comparative-Historical Analysis 181 (Mahoney, James & Thelen, Kathleen eds., 2015)Google Scholar.
10 Busch, Marc L., Reinhardt, Eric & Shaffer, Gregory, Does Legal Capacity Matter? A Survey of WTO Members, 8 World Trade Rev. 559 (2009)CrossRefGoogle Scholar.
11 Susan Block-Lieb & Terence C. Halliday, Global Lawmakers: International Organizations in the Crafting of World Markets (2017).