Soft Law in Governance and Regulation

Soft Law in Governance and Regulation

Author: Ulrika Mörth

Publisher: Edward Elgar Publishing

Published: 2004

Total Pages: 248

ISBN-13:

DOWNLOAD EBOOK

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.


Hard Choices, Soft Law

Hard Choices, Soft Law

Author: John J. Kirton

Publisher: Routledge

Published: 2017-03-02

Total Pages: 414

ISBN-13: 1351931636

DOWNLOAD EBOOK

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.


Legitimacy and Effectiveness of ESMA’s Soft Law

Legitimacy and Effectiveness of ESMA’s Soft Law

Author: van Rijsbergen, Marloes

Publisher: Edward Elgar Publishing

Published: 2021-10-19

Total Pages: 360

ISBN-13: 1839109718

DOWNLOAD EBOOK

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.


Tracing the Roles of Soft Law in Human Rights

Tracing the Roles of Soft Law in Human Rights

Author: Stéphanie Lagoutte

Publisher: Oxford University Press

Published: 2016

Total Pages: 353

ISBN-13: 0198791402

DOWNLOAD EBOOK

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.


Swiss Public Administration

Swiss Public Administration

Author: Andreas Ladner

Publisher: Springer

Published: 2018-08-07

Total Pages: 397

ISBN-13: 3319923811

DOWNLOAD EBOOK

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.


The Changing Landscape of Global Financial Governance and the Role of Soft Law

The Changing Landscape of Global Financial Governance and the Role of Soft Law

Author: Friedl Weiss

Publisher: BRILL

Published: 2015-05-26

Total Pages: 446

ISBN-13: 9004280324

DOWNLOAD EBOOK

The Changing Landscape of Global Financial Governance and the Role of Soft Law provides interdisciplinary perspectives on the changing landscape of global financial governance by exploring the impact and role of soft law, directly or as a precursor of hard law, pertaining to financial governance. Since the shaping of financial governance impacts national, regional and global levels of regulation, different views and arguments contribute to the ongoing discussions about financial regulation. Against this background, this book brings together perspectives of economists and lawyers who have not rallied to one or the other popular call for more regulation as a panacea for the prevention of future global financial crises, calls which have all but drowned out more nuanced scientific debates. Instead, their analysis of aspects of remedial regulatory policy prescriptions already made or proposed demonstrates that carefully designed soft law can be deployed as a valuable method or tool of mediation between the unrestrained autonomy of dysfunctional markets and overzealously crafted hard law.


Soft Law in European Community Law

Soft Law in European Community Law

Author: Linda Senden

Publisher: Hart Publishing

Published: 2004-09-28

Total Pages: 590

ISBN-13: 1841134325

DOWNLOAD EBOOK

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.


Soft Law and the Global Financial System

Soft Law and the Global Financial System

Author: Chris Brummer

Publisher: Cambridge University Press

Published: 2011-12-26

Total Pages:

ISBN-13: 113950472X

DOWNLOAD EBOOK

The global financial crisis of 2008 has given way to a proliferation of international agreements aimed at strengthening the prudential oversight and supervision of financial market participants. Yet how these rules operate is not well understood. Because international financial rules are expressed through informal, non-binding accords, scholars tend to view them as either weak treaty substitutes or by-products of national power. Rarely, if ever, are they cast as independent variables that can inform the behavior of regulators and market participants alike. This book explains how international financial law 'works' - and presents an alternative theory for understanding its purpose, operation and limitations. Drawing on a close institutional analysis of the post-crisis financial architecture, it argues that international financial law is often bolstered by a range of reputational, market and institutional mechanisms that make it more coercive than classical theories of international law predict.


International Investment Law and Soft Law

International Investment Law and Soft Law

Author: Andrea K. Bjorklund

Publisher: Edward Elgar Publishing

Published: 2012-01-01

Total Pages: 345

ISBN-13: 178100322X

DOWNLOAD EBOOK

This important book examines the development of soft law instruments in international investment law and the feasibility of a 'codification' of the present state of this field of international economic law. It draws together the views of international experts on the use of soft law in international law generally and in discrete fields such as WTO, commercial, and environmental law. The book assesses whether investment law has sufficiently coalesced over the last 50 years to be 'codified' and focuses particularly on topical issues such as most-favoured-nation treatment and expropriation. This timely book will appeal to academics interested in the development of international law and legal theory, to those working in investment law, Government investment treaty negotiators and arbitration practitioners.