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Hard Choices Soft Law
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Book Synopsis Hard Choices, Soft Law by : John J. Kirton
Download or read book Hard Choices, Soft Law written by John J. Kirton and published by Routledge. This book was released on 2017-03-02 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Oxford Handbook of United Nations Treaties by : Simon Chesterman
Download or read book The Oxford Handbook of United Nations Treaties written by Simon Chesterman and published by Oxford University Press, USA. This book was released on 2019 with total page 737 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Hard Choices by : Hillary Rodham Clinton
Download or read book Hard Choices written by Hillary Rodham Clinton and published by Simon and Schuster. This book was released on 2014-06-10 with total page 907 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hillary Rodham Clinton’s inside account of the crises, choices, and challenges she faced during her four years as America’s 67th Secretary of State, and how those experiences drive her view of the future. “All of us face hard choices in our lives,” Hillary Rodham Clinton writes at the start of this personal chronicle of years at the center of world events. “Life is about making such choices. Our choices and how we handle them shape the people we become.” In the aftermath of her 2008 presidential run, she expected to return to representing New York in the United States Senate. To her surprise, her former rival for the Democratic Party nomination, newly elected President Barack Obama, asked her to serve in his administration as Secretary of State. This memoir is the story of the four extraordinary and historic years that followed, and the hard choices that she and her colleagues confronted. Secretary Clinton and President Obama had to decide how to repair fractured alliances, wind down two wars, and address a global financial crisis. They faced a rising competitor in China, growing threats from Iran and North Korea, and revolutions across the Middle East. Along the way, they grappled with some of the toughest dilemmas of US foreign policy, especially the decision to send Americans into harm’s way, from Afghanistan to Libya to the hunt for Osama bin Laden. By the end of her tenure, Secretary Clinton had visited 112 countries, traveled nearly one million miles, and gained a truly global perspective on many of the major trends reshaping the landscape of the twenty-first century, from economic inequality to climate change to revolutions in energy, communications, and health. Drawing on conversations with numerous leaders and experts, Secretary Clinton offers her views on what it will take for the United States to compete and thrive in an interdependent world. She makes a passionate case for human rights and the full participation in society of women, youth, and LGBT people. An astute eyewitness to decades of social change, she distinguishes the trendlines from the headlines and describes the progress occurring throughout the world, day after day. Secretary Clinton’s descriptions of diplomatic conversations at the highest levels offer readers a master class in international relations, as does her analysis of how we can best use “smart power” to deliver security and prosperity in a rapidly changing world—one in which America remains the indispensable nation.
Book Synopsis The Oxford Handbook of International Environmental Law by : Lavanya Rajamani
Download or read book The Oxford Handbook of International Environmental Law written by Lavanya Rajamani and published by Oxford University Press. This book was released on 2021-08-06 with total page 1104 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of this leading reference work provides a comprehensive discussion of the dynamic and important field of international law concerned with environmental protection. It is edited by globally-recognised international environmental law scholars, Professor Lavanya Rajamani and Professor Jacqueline Peel, and features 67 chapters authored by 76 renowned experts in their fields. The Handbook discusses the key principles underpinning international environmental law, its relevant actors and tools, and rules applying in its substantive sub-fields such as climate law, oceans law, wildlife and biodiversity law, and hazardous substances regulation. It also explores the intersection of international environmental law with other areas of international law, such as those concerned with trade, investment, disaster, migration, armed conflict, intellectual property, energy, and human rights. The Handbook sets its discussion of international environmental law in the broader interdisciplinary context of developments in science, ethics, politics and economics, which inform the way in which environmental rules are made, implemented, and enforced. It provides an introduction to the foundations of international environmental law while also engaging with questions at the frontiers of research, teaching, and practice in the field, including the role of Global South perspectives, the contribution made by Earth jurisprudence, and the growing role of a diverse range of actors from indigenous peoples to business and industry. Like the first edition, this second edition of the Handbook is an essential reference text for all engaged with environmental issues at the international level and the applicable governance and regulatory structures.
Book Synopsis Advocating Social Change Through International Law by : Daniel D. Bradlow
Download or read book Advocating Social Change Through International Law written by Daniel D. Bradlow and published by Brill Nijhoff. This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Soft Law in European Community Law by : Linda Senden
Download or read book Soft Law in European Community Law written by Linda Senden and published by Hart Publishing. This book was released on 2004-09-28 with total page 590 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Sources of International Law by : Hugh Thirlway
Download or read book The Sources of International Law written by Hugh Thirlway and published by Oxford University Press. This book was released on 2014-02 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Tracing the Roles of Soft Law in Human Rights by : Stéphanie Lagoutte
Download or read book Tracing the Roles of Soft Law in Human Rights written by Stéphanie Lagoutte and published by Oxford University Press. This book was released on 2016 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Return of Cultural Artefacts by : Alper Tașdelen
Download or read book The Return of Cultural Artefacts written by Alper Tașdelen and published by Springer. This book was released on 2016-09-24 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the instruments and approaches offered by public international law to resolve cultural heritage related disputes and facilitate the return of illicitly transferred objects to their countries of origin. In addition to assessing the instruments themselves, their origins, and their advantages and disadvantages, it also examines the roles and interests of the actors involved. Lastly, the book explores the interaction between hard and soft law approaches, the reasons for and importance of this interaction, as well as its consequences.
Book Synopsis International Environmental Law by : Ulrich Beyerlin
Download or read book International Environmental Law written by Ulrich Beyerlin and published by Bloomsbury Publishing. This book was released on 2011-08-11 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Soft Law in Governance and Regulation by : Ulrika Mörth
Download or read book Soft Law in Governance and Regulation written by Ulrika Mörth and published by Edward Elgar Publishing. This book was released on 2004 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Making of International Law by : Alan Boyle
Download or read book The Making of International Law written by Alan Boyle and published by OUP Oxford. This book was released on 2007-02-22 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Greening International Law by : Philippe Sands
Download or read book Greening International Law written by Philippe Sands and published by Routledge. This book was released on 2014-01-14 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental problems do not respect international boundaries; they affect the entire globe, and dealing with them is a matter for international political negotiation, law and institutions. Greening International Law assesses the extent to which the international community has so far adapted to address environmental problems, and examines the fundamental changes needed to the structure and organisation of the legal system and its institutions. The contributors to this volume have all played a central role in the development of international environmental law over the past decade, and their essays will be of interest to all those professionally, academically or individually concerned with the resolution of environmental problems.
Download or read book Getting to Yes written by Roger Fisher and published by Houghton Mifflin Harcourt. This book was released on 1991 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Describes a method of negotiation that isolates problems, focuses on interests, creates new options, and uses objective criteria to help two parties reach an agreement.
Book Synopsis Legal Validity and Soft Law by : Pauline Westerman
Download or read book Legal Validity and Soft Law written by Pauline Westerman and published by Springer. This book was released on 2018-12-05 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book features essays that investigate the nature of legal validity from the point of view of different traditions and disciplines. Validity is a fascinating and elusive characteristic of law that in itself deserves to be explored, but further investigation is made more acute and necessary by the production, nowadays, of soft law products of regulation, such as declarations, self-regulatory codes, and standardization norms. These types of rules may not exhibit the characteristics of formal law, and may lack full formal validity but yet may have a very real impact on people's lives. The essays focus on the structural properties of hard and soft legal phenomena and the basis of their validity. Some propose to redefine validity: to allow for multiple concepts instead of one and/or to allow for a gradual concept of validity. Others seek to analyze the new situation by linking it to familiar historical debates and well-established theories of law. In addition, coverage looks at the functions of validity itself. The discussion considers both international law as well as domestic law arrangements. What does it mean to say that something is valid? Should we discard validity as the determining aspect of law? If so, what does this mean for our concept of law? Should we differentiate between kinds of validity? Or, can we say that rules can be "more" or "less" valid? After reading this book, practitioners, scholars and students will have a nuanced understanding of these questions and more. Chapter 6 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
Book Synopsis The Exercise of Public Authority by International Institutions by : Armin Bogdandy
Download or read book The Exercise of Public Authority by International Institutions written by Armin Bogdandy and published by Springer Science & Business Media. This book was released on 2010-02-11 with total page 990 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of global governance, which first emerged in the social s- ences, has triggered different responses in the discipline of law. This volume contains our proposal. It approaches global governance from a public law perspective which is centered around the concept of inter- tional public authority and relies on international institutional law for the legal conceptualization of global governance phenomena. This proposal results from a larger project which started in 2007. The project is a collaborative effort of the directors of the Max Planck Ins- tute for Comparative Public Law and International Law, research f- lows and friends of the Institute, as well as eminent members of the Law Faculty of the University of Heidelberg. Most of the materials contained in this volume were first published in the November 2008 - sue of the German Law Journal (http://www.germanlawjournal.com). We would like to express our sincere gratitude to the journal’s editors in chief, Professors Russell Miller (Washington and Lee University School of Law) and Peer Zumbansen (Osgoode Hall Law School, York U- versity, Toronto), for the opportunity to publish our papers as a special issue of their journal. The 2008-2009 University of Idaho College of Law German Law Journal student editors deserve special recognition for their hard and diligent work during the publication process. At the Institute, Eva Richter, Michael Riegner and the editorial staff of this publication series were instrumental in bringing this publication to fr- tion.
Book Synopsis International Investment Law and Soft Law by : Andrea K. Bjorklund
Download or read book International Investment Law and Soft Law written by Andrea K. Bjorklund and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
