Jaye Ellis (McGill University - Faculty of Law) has posted The Function of Form: Legality and Authority in International Law on SSRN. Here is the abstract:
The authority of international law is often explored through the lens of legitimacy, which takes a perspective external to law and addresses the manner in which claims to the authority of law are received. This paper proposes to consider the contribution of validity - taking a perspective internal to law - to law's authority. I consider arguments regarding the form of law by three very different scholars: Friedrich Hayek, Franz Neumann, and Lon L. Fuller in exploring ways in which the form of law may contribute to its authority.
