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:

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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.


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

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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.


Swiss Public Administration

Swiss Public Administration

Author: Andreas Ladner

Publisher: Springer

Published: 2018-08-07

Total Pages: 397

ISBN-13: 3319923811

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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.


Hard Choices, Soft Law

Hard Choices, Soft Law

Author: John J. Kirton

Publisher: Routledge

Published: 2017-03-02

Total Pages: 414

ISBN-13: 1351931636

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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.


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

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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.


Rule of Law Dynamics

Rule of Law Dynamics

Author: Michael Zurn

Publisher: Cambridge University Press

Published: 2012-06-18

Total Pages: 401

ISBN-13: 1139510975

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This volume explores the various strategies, mechanisms and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).


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

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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.


Governance of Global Financial Markets

Governance of Global Financial Markets

Author: Emilios Avgouleas

Publisher: Cambridge University Press

Published: 2012-04-26

Total Pages: 501

ISBN-13: 0521762669

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Analyses governance structures for international finance, evaluates current regulatory reforms and proposes a new governance system for global financial markets.


Linked Democracy

Linked Democracy

Author: Marta Poblet

Publisher: Springer

Published: 2019-05-28

Total Pages: 141

ISBN-13: 303013363X

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This open access book shows the factors linking information flow, social intelligence, rights management and modelling with epistemic democracy, offering licensed linked data along with information about the rights involved. This model of democracy for the web of data brings new challenges for the social organisation of knowledge, collective innovation, and the coordination of actions. Licensed linked data, licensed linguistic linked data, right expression languages, semantic web regulatory models, electronic institutions, artificial socio-cognitive systems are examples of regulatory and institutional design (regulations by design). The web has been massively populated with both data and services, and semantically structured data, the linked data cloud, facilitates and fosters human-machine interaction. Linked data aims to create ecosystems to make it possible to browse, discover, exploit and reuse data sets for applications. Rights Expression Languages semi-automatically regulate the use and reuse of content.


Governance and Regulation in the Third Sector

Governance and Regulation in the Third Sector

Author: Susan Phillips

Publisher: Routledge

Published: 2011-01-25

Total Pages: 294

ISBN-13: 1136853928

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This book brings together scholars and experienced practitioners from different countries to investigate the relationship between regulation and relational governance for the third sector in a comparative context.