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Author: Ulrika Mörth
Publisher: Edward Elgar Publishing
ISBN:
Category : Law
Languages : en
Pages : 248
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Book Description
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.
Author: Ulrika Mörth
Publisher: Edward Elgar Publishing
ISBN:
Category : Law
Languages : en
Pages : 248
Get Book
Book Description
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.
Author: van Rijsbergen, Marloes
Publisher: Edward Elgar Publishing
ISBN: 1839109718
Category : Law
Languages : en
Pages : 360
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Book Description
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.
Author: Andreas Ladner
Publisher: Springer
ISBN: 3319923811
Category : Political Science
Languages : en
Pages : 397
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Book Description
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.
Author: Friedl Weiss
Publisher: BRILL
ISBN: 9004280324
Category : Business & Economics
Languages : en
Pages : 446
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Book Description
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.
Author: Hanneke Van Schooten
Publisher: Edward Elgar Publishing
ISBN: 1848444028
Category : Law
Languages : en
Pages : 255
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Book Description
Around the world, the role of national regulation is often hotly debated. This book takes as its starting point the fact that legislatures and regulators are criticized for overregulation and for producing poor-quality regulation which ignores input from citizens and stifles private initiative. This situation has enhanced the role of non-state law, in forms such as self-regulation and soft law. In this book, international scholars in various fields of law, as well as socio-legal studies, address the question to what extent non-state law currently influences state regulation, and what the consequences of non-state law are likely to be for state regulation. Drawing lessons for the state legislature and state regulators, this innovative book will be of great interest to academic researchers and post graduate students in the fields of law, regulation, legal sociology, legal theory, law and economics, and environmental law. It will also be of interest to policy makers and regulators those working at ministries and government departments drafting legislation.
Author: Michael Zurn
Publisher: Cambridge University Press
ISBN: 1139510975
Category : Law
Languages : en
Pages : 401
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Book Description
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).
Author: Mariolina Eliantonio
Publisher: Bloomsbury Publishing
ISBN: 1509932054
Category : Law
Languages : en
Pages : 392
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Book Description
This volume analyses, for the first time in European studies, the impact that non-legally binding material (otherwise known as soft law) has on national courts and administration. The study is founded on empirical work undertaken by the European Network of Soft Law Research (SoLaR), across ten EU Member States, in competition policy, financial regulation, environmental protection and social policy. The book demonstrates that soft law is taken into consideration at the national level and it clarifies the extent to which soft law can have legal and practical effects for individuals and national authorities. The national case studies highlight the points of convergence or divergence in the way in which judges and administrators approach soft law, while reflecting on the reasons for and consequences of various national practices. A series of horizontal studies connect this research to the rich literature on new modes of governance, by revisiting traditional theories on soft law, and by reflecting on the potential of such instruments to undermine or to foster rule of law values.
Author: Susan Phillips
Publisher: Routledge
ISBN: 1136853928
Category : Business & Economics
Languages : en
Pages : 294
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Book Description
Governance and Regulation in the Third Sector 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. Each chapter reviews recent regulatory changes in the country in question. To what extent are there significant convergences in these reforms and what are the implications for the third sector? Is there any evidence that the foundational architecture for a more collaborative relationship between the state and the third sector has been laid? Overall, the book reveals that the reality of the supposedly new collaborative relationships and the impacts of regulatory reform are quite different from what contemporary theories of public management would have us believe. Recognizing the gap between theory and reality, the chapters explore some of the outstanding challenges for regulatory reform for the third sector.
Author: Franz von Benda-Beckmann
Publisher: Routledge
ISBN: 1317060946
Category : Law
Languages : en
Pages : 302
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Book Description
Offering an anthropological perspective, this volume explores the changing relations between law and governance, examining how changes in the structure of governance affect the relative social significance of law within situations of legal pluralism. The authors argue that there has been a re-regulation rather than a de-regulation, propagated by a plurality of regulative authorities and this re-regulation is accompanied by an increasing ideological dominance of rights talk and juridification of conflict. Drawing on insights into such processes, this volume explores the extent to which law is used both as a constitutive legitimation of governance and as the medium through which governance processes take place. Highlighting some of the paradoxes and the unintended consequences of these regulating processes and the ensuing dynamics, Rules of Law and Laws of Ruling will be a valuable resource for researchers and students working in the areas of legal anthropology and governance.
Author: Surya Deva
Publisher: Cambridge University Press
ISBN: 1107036879
Category : Business & Economics
Languages : en
Pages : 451
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Book Description
This book critically evaluates the Ruggie Framework and the Guiding Principles on Business and Human Rights, and investigates the normative foundations as well as the nature, extent and enforcement of corporate obligations for the realisation of human rights.
