The interaction of formal and informal international norm-making: functionalist and distributive approaches

The subject of the research is the phenomenon of informal international norm-making (IN-LAW) in the context of its interaction with classical mechanisms of international public law. The author examines in detail such aspects of the topic as the influence of informal regulators on the legitimacy and sustainability of global governance. The work analyzes the dichotomy of two theoretical approaches to the choice of regulatory mechanisms by states: functionalist, efficiency-oriented, and distributive, which views norm-making as a struggle for power. Special attention is paid to identifying the conditions under which informal procedures enter into synergy with formal law or generate conflicts. The empirical basis consists of five areas: regulation of GMOs, climate policy, trade in cultural products, humanitarian interventions, and non-proliferation of nuclear weapons. The object of the study is the mechanisms of interaction between formal and informal norms in the specified areas. The methodological foundation consists of comparative legal analysis, allowing for the comparison of the functioning of formal and informal institutions. The study also relies on political-legal analysis methods to assess the impact of distributive conflicts on the evolution of legal regimes. The scientific novelty lies in rethinking the role of informal norm-making: it emerges as a strategic resource for states in the context of global competition, rather than a supplementary element. It is demonstrated that the nature of the interaction between IN-LAW and classical law depends on the level of distributive conflict. The findings of the study show that at low levels of conflict, there is a transformation of informal norms into institutions of public law. When the conflict reaches a critical level, formal structures lose stability, leading to the fragmentation of the legal system and uncertainty in law enforcement. Thus, adequate understanding of contemporary international law is impossible without considering the strategic role of informal norm-making. Ignoring this phenomenon deprives the opportunity to understand the deep mechanisms of transformation of global governance in the context of diversity and contradictions of legal systems.