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 9 October 2003
- ISBN 9780199270989
- Binding Paperback
- No. of pages588 pages
- Size 233x156x30 mm
- Weight 838 g
- Language English 80
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 on 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 examine four areas of international law: human rights, the environment, arms control, and trade and finance. For each area, they assess the use of non-binding norms and ask whether such norms engender state compliance.
More generally, the discussion also addresses the nature of international law and the role of non-binding norms in the international legal system.
Review from previous edition This well presented work is optimistic about future prospects, which should give comfort to us all.
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: Theorizing from International Relations and Comparative Politics
Beyond Compliance: Helping Nations Cooperate
Challenges to the International Legal System
Interdependence, Globalization, and Sovereignty: The Role of Non-binding International Legal Accords
The Role of Soft Law in a Global Order
Commentary: Compliance with International 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
The Legal Status and Effect of Antarctic Recommended Measures
Selected Agreements Concluded Pursuant to the Convention on the Conservation of Migratory Species of Wild Animals
Commentary and Conclusions
Trade and Finance
International Efforts against Money Laundering
'Soft Law' in a 'Hybrid' Organization: The International Organization for Standardization
Policy Guidance and Compliance: The World Bank Operational Standards
Environmental Norms in the Asia-Pacific Economic Cooperation Forum
Commentary: Compliance with Non-binding Norms of Trade and Finance
Human Rights
A Hard Look at Compliance with 'Soft' Law: The Case of the OSCE
International Labor Organization: Recommendations and Similar Instruments
Inter-American Human Rights Law, Soft and Hard
Human Rights Codes for Transnational Corporations: The Sullivan and McBride Principles
Commentary and Conclusions
Multilateral Arms Control
The System of Non-proliferation Export Controls
Protection of Nuclear Materials
International Regulation of Land Mines
Commentary
Conclusions: Understanding Compliance with Soft Law
Editor's Concluding Note: The Role of Non-binding Norms in the International Legal System
