Between Soft And Hard Law
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Author | : Simon Chesterman |
Publisher | : Oxford University Press, USA |
Total Pages | : 737 |
Release | : 2019 |
Genre | : Law |
ISBN | : 0190947845 |
The United Nations is a vital part of the international order. Yet this book argues that the greatest contribution of the UN is not what it has achieved (improvements in health and economic development, for example) or avoided (global war, say, or the use of weapons of mass destruction). It is, instead, the process through which the UN has transformed the structure of international law to expand the range and depth of subjects covered by treaties. This handbook offers the first sustained analysis of the UN as a forum in which and an institution through which treaties are negotiated and implemented. Chapters are written by authors from different fields, including academics and practitioners; lawyers and specialists from other social sciences (international relations, history, and science); professionals with an established reputation in the field; younger researchers and diplomats involved in the negotiation of multilateral treaties; and scholars with a broader view on the issues involved. The volume thus provides unique insights into UN treaty-making. Through the thematic and technical parts, it also offers a lens through which to view challenges lying ahead and the possibilities and limitations of this understudied aspect of international law and relations.
Author | : Stéphanie Lagoutte |
Publisher | : Oxford University Press |
Total Pages | : 353 |
Release | : 2016 |
Genre | : Law |
ISBN | : 0198791402 |
Building on a thorough analysis of relevant case studies, this volume systematically explores the roles of soft law in both established and emerging human rights regimes.
Author | : John J. Kirton |
Publisher | : Routledge |
Total Pages | : 414 |
Release | : 2017-03-02 |
Genre | : Law |
ISBN | : 1351931636 |
An important read for academics and policy-makers alike, Hard Choices, Soft Law asserts that voluntary standards, or 'soft' law, are an important supplement to international law in a number of areas. This key work firstly outlines the approach taken to combining soft and hard law and trade, environment and labour values in the WTO and NAFTA, and in the prospective Millennium Round. Then, using the forestry sector - a realm where formal international law remains largely absent - the book provides a detailed examination of the role of soft law in action. It demonstrates how soft and hard law can be combined to promote trade, environmental and social cohesion, in ways that also permit sustainable development. The book presents a wealth of knowledge from a range of contributors familiar with the work of the G7/G8, the OECD, the Biodiversity Convention and the Codex Alimentarius.
Author | : Ulrich Beyerlin |
Publisher | : Bloomsbury Publishing |
Total Pages | : 457 |
Release | : 2011-08-11 |
Genre | : Law |
ISBN | : 1847317685 |
International Environmental Law is a new textbook written for students, practitioners, and anyone interested in the subject. The overall aim of the book is to provide a fresh understanding of international environmental law as a whole, seen in the light of climate change, biodiversity loss, and the other serious environmental challenges facing the world. The book has also been kept deliberately manageable in size by careful selection of topics and by adopting a cross-cutting synthesis of regulatory interaction in the field. This enables the reader to place international environmental law in the broader context of public international law in general, revealing at the same time that international environmental law is experimental ground for developing new legal approaches towards global governance. To this end, the authors have combined theory and practice. Apart from discussing concepts, rule-making and compliance, the book looks at options for improved coordination, harmonisation and even integration of existing multilateral environmental agreements, analysing how conflicts between various environmental regimes can be avoided or, at least, adequately managed. The authors argue that an appropriate management of international environmental relations must address the North-South divide, which continues to be a major obstacle to global environmental cooperation. Furthermore, the authors emphasise the growing human rights dimension of international environmental law. This book is an ideal 'door opener' for the further study of international environmental law. Focusing on 'international environmental governance' in a comprehensive way, it serves to explain that each institution, each actor, and each instrument is part of a multi-dimensional process in international environmental law and relations.
Author | : Sharifah Sekalala |
Publisher | : Cambridge University Press |
Total Pages | : 327 |
Release | : 2017-05-05 |
Genre | : Health & Fitness |
ISBN | : 1107049520 |
A legal examination of global health governance issues relating to access to essential medicines for AIDS, tuberculosis and malaria.
Author | : Hugh Thirlway |
Publisher | : Oxford University Press |
Total Pages | : 262 |
Release | : 2014-02 |
Genre | : Law |
ISBN | : 0199685398 |
Because of its unique nature, the sources of international law are not always easy to identify and interpret. This book provides an ideal introduction to these sources for anyone needing to better understand where international law comes from. As well as looking at treaties and custom, the book will look at more modern and controversial sources.
Author | : Daniel D. Bradlow |
Publisher | : Brill Nijhoff |
Total Pages | : 0 |
Release | : 2020 |
Genre | : International law |
ISBN | : 9789004382480 |
Advocating Social Change through International Law explores the strategic use of hard and soft international law to advocate for social change in a variety of contexts, including for example human rights, international criminal prosecutions, environmental protection, public health, and financial regulation.
Author | : van Rijsbergen, Marloes |
Publisher | : Edward Elgar Publishing |
Total Pages | : 360 |
Release | : 2021-10-19 |
Genre | : Law |
ISBN | : 1839109718 |
This timely book explores pertinent questions around the legitimacy and effectiveness of EU agencies’ soft law, with a particular focus on the European Securities and Markets Authority (ESMA). It examines the variety of ESMA’s existing and newly granted soft law-making powers, which were intended to deal with the lack of effectiveness of its predecessor but are now called into question due to the ‘hard’ effect of these soft laws.
Author | : Linda Senden |
Publisher | : Hart Publishing |
Total Pages | : 590 |
Release | : 2004-09-28 |
Genre | : Law |
ISBN | : 1841134325 |
This book offers the first systematic investigation of soft law within the framework of the EC and its use by the European Commission and Council of Ministers.
Author | : Alan Boyle |
Publisher | : OUP Oxford |
Total Pages | : 368 |
Release | : 2007-02-22 |
Genre | : Law |
ISBN | : 0191021768 |
This is a study of the principal negotiating processes and law-making tools through which contemporary international law is made. It does not seek to give an account of the traditional - and untraditional - sources and theories of international law, but rather to identify the processes, participants and instruments employed in the making of international law. It accordingly examines some of the mechanisms and procedures whereby new rules of law are created or old rules are amended or abrogated. It concentrates on the UN, other international organisations, diplomatic conferences, codification bodies, NGOs, and courts. Every society perceives the need to differentiate between its legal norms and other norms controlling social, economic and political behaviour. But unlike domestic legal systems where this distinction is typically determined by constitutional provisions, the decentralised nature of the international legal system makes this a complex and contested issue. Moreover, contemporary international law is often the product of a subtle and evolving interplay of law-making instruments, both binding and non-binding, and of customary law and general principles. Only in this broader context can the significance of so-called 'soft law' and multilateral treaties be fully appreciated. An important question posed by any examination of international law-making structures is the extent to which we can or should make judgments about their legitimacy and coherence, and if so in what terms. Put simply, a law-making process perceived to be illegitimate or incoherent is more likely to be an ineffective process. From this perspective, the assumption of law-making power by the UN Security Council offers unique advantages of speed and universality, but it also poses a particular challenge to the development of a more open and participatory process observable in other international law-making bodies.