Commitment and Compliance
The Role of Non-Binding Norms in the International Legal System
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Product details:
- Publisher OUP Oxford
- Date of Publication 3 August 2000
- ISBN 9780198298083
- Binding Hardback
- No. of pages596 pages
- Size 242x163x36 mm
- Weight 995 g
- Language English 0
Categories
Short description:
The studies in this book concern the nature of international law, how it is and is not constituted, and whether commitments that are not legally binding can change the behaviour of states as well as or better than legal norms do.
MoreLong description:
Commitment and Compliance is the first book to evaluate the impact of state behaviour of international norms adopted in forms that are not legally binding. The use of such `soft law' has increased dramatically with the proliferation of international organizations. Whether and how such norms can be used effectively to supplement or substitute for legally binding obligations forms the heart of this discussion.
In the study, a project of the American Society of International Law, the authors look at four subject areas in international law: human rights, environment, arms control, and trade and finance, assessing the use of non-binding norms in each field and whether such norms engender state compliance with them. The discussion also generally addresses the nature of international law and the role on non-binding norms in the international legal system.
Commitment and Compliance is an impressive collection of studies ... surely the most significant contribution so far to the literature on the soft-law phenomenon and the associated problem of compliance with nonbinding instruments. Expertly edited by Dinah Shelton, this substantial work draws upon no less than twenty-seven authors and co-authors ... [the] result is a work unusually rich in conceptual insight and empirical range: cross-disciplinary, multisectoral, and transgenerational ... the ASIL is to be congratulated for bringing together such a stellar panel of scholars for this significant venture.
Table of Contents:
Introduction: Law, Non-Law and the Problem of Soft Law
PART I. THE INTERNATIONAL SYSTEM
Normative Development in the International Legal System
Compliance Theories
Choosing to Comply
Beyond Compliance: Helping Nations Cooperate
Challenges to the International Legal System
Economic Interdependence, Globalization and Sovereignty
The Role of Soft Law in the Global Order
Commentary and Conclusions: Compliance with Soft Law
PART II. PERSPECTIVES ON COMPLIANCE WITH NON-BINDING NORMS
The Environment and Natural Resources
The General Assembly Ban on Driftnet Fishing
Pesticides and Chemicals: The Requirement of Prior Informed Consent
Antarctica: Recommended Measures as Nonbinding Norms
Selected Agreements under the Framework of the Convention on Migratory Species
Commentary and Conclusions
Trade and Finance
Money Laundering
Soft Law in a Hybrid Organization: The International Organization for Standardization
The World Bank Operational Standards
Environmental Norms in the Asia-Pacific Economic Cooperation Forum
Commentary and Conclusions
Human Rights
A Hard Look at Soft Law: The Case of the OSCE
International Labor Organization Recommendations and Similar Instruments
Inter-American Human Rights Law, Soft and Hard: What Difference?
Human Rights Codes for Transnational Corporations: The McBride and Sullivan Principles
Commentary and Conclusions
Multilateral Arms Control
Soft Law of the Weapons Control Supplier Groups
Protection of Nuclear Materials
Land Mines
Commentary and Conclusions
Conclusions
