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| 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 | : Ulrika Mörth |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 248 |
| Release | : 2004 |
| Genre | : Law |
| ISBN | : |
A rising interdependence among the members of international society and of global civil society has led to an increasing demand for governance without government. The new regulatory mode is characterized as a 'soft law' framework. The contributors to this book define soft law in terms of legally non-binding rules, such as recommendations, codes of conduct and declarations, though they acknowledge the difficulty sometimes faced in differentiating between hard and soft law, whose boundaries are, in practice, often blurred. Focussing largely on the European experience, the book shows how soft law in the EU has become an important regulatory tool in traditional policy areas, like state aid, and in new policy areas, especially within EU's employment policy. It also extends the analysis to the international stage, arguing that international institutions, such as the OECD, the UN, the IMF and the World Bank, have for decades used soft law as a means, indeed their only means, of regulating international agreements. Comparisons between the two arenas are then drawn and indicate very different roles for soft law. This book will appeal to scholars of European law and politics as well as those involved with or interested in the policy implications of this mode of governance.
| Author | : Surya Deva |
| Publisher | : Cambridge University Press |
| Total Pages | : 451 |
| Release | : 2013-11-21 |
| Genre | : Business & Economics |
| ISBN | : 1107036879 |
This book critically evaluates the Ruggie Framework and the Guiding Principles on Business and Human Rights, and investigates the normative foundations as well as the nature, extent and enforcement of corporate obligations for the realisation of human rights.
| Author | : Linda C. Reif |
| Publisher | : BRILL |
| Total Pages | : 826 |
| Release | : 2020-07-27 |
| Genre | : Law |
| ISBN | : 9004273964 |
This book uses comparative law and comparative international law approaches to explore the role of human rights ombuds, classic-based ombuds and other types of ombuds institutions in human rights protection and promotion, their methods of application of international and domestic human rights law and their roles in strengthening good governance. It highlights the increasing importance of national human rights ombuds institutions globally and their roles as national human rights institutions (NHRIs).
| Author | : Jean Ho |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 487 |
| Release | : 2021-06-03 |
| Genre | : Law |
| ISBN | : 1509937935 |
This book is the first book-length analysis of investor accountability under general and customary international law, international human rights law, international environmental law, international humanitarian law, as well as international investment law. International investment law is currently facing growing criticisms for its failure to address corruption, abuse, environmental damage, and other forms of investor misconduct. Reform initiatives range from the rejection of international law as a governing regime for investors, to the dramatic overhaul of investment treaties that supposedly enable investor overprotection, to the creation of a multilateral international instrument that would enable the litigation of claims against errant businesses before an international tribunal. Whether these initiatives succeed in disciplining investors remains to be seen. What these initiatives undeniably show however, is that change is warranted to counteract this lopsided investors' international law. Each chapter in the book addresses a different and underexplored dimension of investor accountability, thus offering a novel and consolidated study of international law. The book will be of immense assistance to legal practitioners, academics and policy makers involved in the design, drafting, application and reform of various international instruments addressing investor accountability.
| Author | : Andreas Ladner |
| Publisher | : Springer |
| Total Pages | : 397 |
| Release | : 2018-08-07 |
| Genre | : Political Science |
| ISBN | : 3319923811 |
Swiss citizens approve of their government and the way democracy is practiced; they trust the authorities and are satisfied with the range of services Swiss governments provide. This is quite unusual when compared to other countries. This open access book provides insight into the organization and the functioning of the Swiss state. It claims that, beyond politics, institutions and public administration, there are other factors which make a country successful. The authors argue that Switzerland is an interesting case, from a theoretical, scientific and a more practice-oriented perspective. While confronted with the same challenges as other countries, Switzerland offers different solutions, some of which work astonishingly well.
| Author | : Barbara von Rütte |
| Publisher | : BRILL |
| Total Pages | : 477 |
| Release | : 2022-12-28 |
| Genre | : Law |
| ISBN | : 9004517529 |
The open access publication of this book has been published with the support of the Swiss National Science Foundation. This book offers a comprehensive analysis of the right to citizenship in international and regional human rights law. It critically reflects on the limitations of state sovereignty in nationality matters and situates the right to citizenship within the existing human rights framework. It identifies the scope and content of the right to citizenship by looking not only at statelessness, deprivation of citizenship or dual citizenship, but more broadly at acquisition, loss and enjoyment of citizenship in a migration context. Exploring the intersection of international migration, human rights law and belonging, the book provides a timely argument for recognizing a right to the citizenship of a specific state on the basis of one’s effective connections to that state according to the principle of jus nexi.
| Author | : Mariolina Eliantonio |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 471 |
| Release | : 2023-11-03 |
| Genre | : Law |
| ISBN | : 1839101938 |
This pioneering Research Handbook provides an in-depth scholarly overview of the field of soft law, exploring the scope of current thinking in the field as well as proposing future pathways for soft law research. Through theoretical and empirical analyses by established voices in the field, the Research Handbook offers important insights and much-needed clarity into the dynamic and complex nature of soft law. This title contains one or more Open Access chapters.
| Author | : Martina Buscemi |
| Publisher | : BRILL |
| Total Pages | : 353 |
| Release | : 2020-06-02 |
| Genre | : Law |
| ISBN | : 9004401180 |
Legal Sources in Business and Human Rights takes stock of different aspects of Business and Human Rights practice in order to identify and explore some dynamics that are driving the evolution of the legal sources of international and EU law in the field of B&HRs.
| Author | : Elaine Fahey |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 168 |
| Release | : 2018-08-31 |
| Genre | : Law |
| ISBN | : 1788970519 |
This innovative textbook introduces the idea of law existing, operating, and functioning beyond the Nation State. Offering a structured approach, Elaine Fahey breaks down the core aspects of theory, practice and regulation in order to examine the key conceptual and factual components of the relationship between law and global governance.
