International Treaties and Soft- Law Instruments

2017 ◽  
pp. 347-355
Author(s):  
Conor Foley
Keyword(s):  
Soft Law ◽  
International Treaties

scholarly journals International protection of persons with mental disabilities

Temida ◽  
2007 ◽  
Vol 10 (3) ◽  
pp. 11-24
Author(s):  
Zoran Radivojevic ◽  
Nebojsa Raicevic
Keyword(s):  
Soft Law ◽  
The European Union ◽  
Mental Disabilities ◽  
International Treaties ◽  
Council Of Europe ◽  
International Protection ◽  
Persons With Disabilities ◽  
Legal Provisions ◽  
The Status ◽  
Special Protection

In International law, the status of persons with mental disabilities is regulated within the framework on the protection of persons with disabilities. Their rights are protected not only by international treaties comprising legal provisions of binding character for the parties but also by means of the so-called "soft law" comprising international documents which are not legally binding. Most of the general and subject specific treaties on human rights do not explicitly deal with the status of persons with disabilities. Only recently have some treaties been made containing legal provisions on special protection of persons with disabilities. The most important treaty of this kind is the UN Convention on the Rights of Persons with Disabilities, adopted in the year 2006. The protection of such persons is regulated in much more detail by "soft law" which includes a number of documents adopted by the UN, the Council of Europe and the European Union. Although most of these documents primarily pertain to the rights and the status of persons with disabilities, there are a few that exclusively deal with the protection of persons with mental disorder.

We Need to Cut Off the Head of the King: Past, Present, and Future Approaches to International Soft Law

2012 ◽  
Vol 25 (2) ◽  
pp. 335-368 ◽  
Author(s):  
MATTHIAS GOLDMANN
Keyword(s):  
International Law ◽  
Public Authority ◽  
Legal Positivism ◽  
Soft Law ◽  
International Treaties ◽  
The Public ◽  
Legal Studies ◽  
Functional Equivalent ◽  
Public Character ◽  
The Concept Of Law

AbstractThis article surveys contemporary approaches to international soft law, such as various types of legal positivism, legal realism, critical legal studies, and global administrative law. It scrutinizes to what extent the concept of law endorsed by each of these approaches is able to tackle two challenges caused by the spread of soft law as a means of governance: (1) the fact that international soft law is today often the functional equivalent of international treaties and (2) the contestations of the legitimacy of soft law. It concludes that discursive approaches that stress the public character of international law appear very promising, because they link broad concepts of law with considerations of legitimacy. However, since international institutions today exercise public authority not only through soft law or hard law, but also through non-legal instruments like information, the article argues that one ultimately needs to conceptually dissociate the concept of international law from the concept of public authority.

scholarly journals Soft Law, Authoritative Advice, and Nonbinding Agreements

2017 ◽  
Author(s):  
Andrei Marmor
Keyword(s):  
International Law ◽  
Legal Status ◽  
Soft Law ◽  
Practical Reasons ◽  
Reasons For Action ◽  
International Treaties ◽  
Legal Obligations ◽  
The Subject ◽  
Mutual Accountability

One of the most fascinating developments in the domain of international law in the last few decades is the astonishing proliferation of non-binding legal instruments, generally referred to as soft law. The forms and origins of various nonbinding legal instruments are quite varied, but what they have in common is the promulgation of norms, commitments, or directives, explicitly avoiding the imposition of legal obligations on the relevant parties. The legal status of soft law is debated in the literature, but my concern in this essay is different: I aim to provide an account of the rationale of soft law from the perspective of the practical reasons that can rationalize such instruments. The argument is focused on analyzing the idea of authoritative advice, suggesting that when authorities advise their putative subjects, they purport to give the subject what I call presumptive reasons for action. I explain here what presumptive reasons are and what their rationale is, suggesting it as a model for the practical reasons in play when soft law operates vertically, in cases of nonbinding directives of international authorities. Horizontal soft law, that normally comes in the form of international treaties, is also explained by employing the idea of presumptive reasons, coupled with the mutual accountability relations that such agreements invariably constitute.

scholarly journals The unification of legal regulation of representation in international commerce

2015 ◽  
Vol 3 (2) ◽  
pp. 51-58
Keyword(s):  
Geneva Convention ◽  
Hague Convention ◽  
Legal Regulation ◽  
Soft Law ◽  
The European Union ◽  
International Treaties ◽  
European Contract ◽  
External Relationships ◽  
Model Law ◽  
The Hague Convention

The author assesses the main international treaties in the sphere of representation: the Hague convention on the law applicable to agency 1978, the Geneva convention on agency in the international sale of goods 1983, acts of soft law (UNIDROIT Principles of international commercial contracts, Model commercial agency contract and Guide for the drawing up commercial agency contracts of International Chamber of Commerce), Directives and Regulations of the European Union, Principles of European contract law, Draft common frame of reference. The author concludes about necessity of drafting at the universal level a document of soft law (in the form of a model law) containing the substantive rules on internal and external relationships of a commercial representation.

International Efforts to Combat Corruption

2021 ◽  
pp. 494-515
Author(s):  
Mathis Lohaus ◽  
Ellen Gutterman
Keyword(s):  
Soft Law ◽  
Future Research ◽  
Transnational Advocacy ◽  
International Treaties ◽  
Financial Flows ◽  
Advocacy Campaigns ◽  
Illicit Financial Flows ◽  
And Behavior ◽  
The Impact

Attempts to improve the domestic quality of government often involve international arrangements and the fight against corruption is a prominent example. Since the 1990s, anticorruption pledges, international treaties, soft law arrangements, transnational advocacy campaigns, and other commitments have proliferated to control bribery and corruption in a range of contexts. This chapter surveys the literature on the emergence and characteristics of these various initiatives and provides an overview of what is known about their impacts on policy and discourse, law, and behavior. While empirical evidence on the impact of international anticorruption efforts is mixed, existing studies and directions for future research suggest that the quality of government in highly developed states is crucial when it comes to controlling transnational business bribery, money laundering, and other illicit financial flows.

1 The Concept and Sources of Arbitration

2015 ◽  
Author(s):  
Kaufmann-Kohler Gabrielle ◽  
Rigozzi Antonio
Keyword(s):  
New York ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
Soft Law ◽  
International Treaties ◽  
Arbitration Process ◽  
New York Convention

This introductory chapter analyses the concept of arbitration, distinguishing it from other alternative dispute resolution (ADR) methods, in particular mediation, conciliation, and expert determination. Having traced the historical roots and evolution of international arbitration, it then discusses the advantages and drawbacks of choosing to settle disputes by way of arbitration. The chapter further presents the main sources of arbitration law, from national laws and international treaties – in particular the New York Convention – over arbitration rules, soft law, jurisprudence, and scholarly writings. It then considers the role of Switzerland as a place of arbitration, discussing its long-standing dispute-settlement tradition and the arbitration-related bodies and institutions operating in the country. Finally, as an introduction to the next Chapters, the discussion briefly sets out the situations in which the arbitration process can come into contact with the courts.

scholarly journals Intervención del legislador y selección de candidatos por los partidos politicos: una perspectiva comparada = Public intervention in the selection of candidates by political parties

2015 ◽  
pp. 203
Author(s):  
Paloma Biglino Campos
Keyword(s):  
Political Parties ◽  
Electoral System ◽  
Soft Law ◽  
International Treaties ◽  
Freedom Of Association ◽  
Public Intervention ◽  
Electoral Laws ◽  
Toma De Decisiones ◽  
Venice Commission ◽  
Selection Of

This paper addresses the limits of public intervention in the selection of candidates by political parties. The issue is analyzed from the comparative perspective, although some documents of soft law adopted by the Venice Commission, OSCE, and ODIHR have also been taken into account. The study concludes that the legislation on political parties has increased in the last decade. However, the main constraints imposed on political parties do not come from specific legislation on political parties but from electoral laws. In some cases, the electoral laws impose a method of decision making on the nomination process since these laws require political parties compliance with the basic rules of the democratic principle. In other cases, the laws do not impose a method but a result, as in the case of case of the laws which impose quotas in favor of women. In any case, such measures should meet certain conditions to be effective. Firstly, the limits must respect the freedom of association proclaimed by international treaties and ensured by the ECHR; secondly, the requirements must be compatible with the electoral system; finally, any exigency on candidate selection must be guaranteed by monitoring systems and by sanctions for non-compliance.El presente trabajo aborda la posible densidad de la intervención pública a la hora de imponer a los partidos políticos procedimientos para la selección de candidatos. La óptica con la que se analiza el problema es, fundamentalmente, el derecho comparado, si bien se han utilizado también textos de «soft law»elaborados por la Comisión de Venecia, OSCE y ODHIR. En el mismo se concluye que, aunque la legislación sobre partidos políticos se ha incrementado en los últimos años, las mayores limitaciones impuestas a los partidos políticos no provienen de esta normativa específica sino de las leyes electorales. Dichas exigencias tienen una doble vertiente. En algunas ocasiones, se regula el método para la elección de candidatos, imponiendo a los partidos los requisitos inherentes a la toma de decisiones democráticas. En otras, se impone a los partidos un resultado, esto es, la presencia de candidatos de distinto sexo en las listas electorales. Cualquiera de estas medidas, para ser legítimas, tienen que respetar la libertad que corresponde a los partidos en cuanto asociaciones. Además, han de adaptarse al resto del sistema electoral y, especialmente, prever sistemas para verificar el cumplimiento de los requisitos impuestos por la ley.

scholarly journals Legal regime sustainability in outer space: theory and practice

2019 ◽  
Vol 2 ◽  
Author(s):  
Larry F. Martinez
Keyword(s):  
Outer Space ◽  
Theory And Practice ◽  
Soft Law ◽  
Space Theory ◽  
International Treaties ◽  
Legal Regime ◽  
The Road ◽  
Hard Law ◽  
Sustainable System

Non-technical abstract Sustainable access to outer space is increasingly threatened by growing orbital clouds of satellites and debris. A boom in competitively priced commercial rocket launches has lowered prices, prompting satellite operators to begin deploying thousands of satellites. Six decades ago, ‘hard law’ international treaties established governance for outer space designed for the few governmental space programmes. Today, non-governmental commercial entities are operating under voluntary ‘soft law’ rules of the road that expose the deficiencies of the original treaties to empower regulatory supervision of the expanding commercial orbital presence. This paper suggests how a ‘sustainable’ system of governance, required for sustainable space access and exploration, may be promoted by increasing the costs of non-compliance.

scholarly journals PENGENDALIAN PENCEMARAN UDARA LINTAS BATAS DALAM PERSPEKTIF PERJANJIAN INTERNASIONAL

Yuridika ◽  
2012 ◽  
Vol 27 (1) ◽  
Author(s):  
Suparto Wijoyo
Keyword(s):  
Air Pollution ◽  
Environmental Law ◽  
Soft Law ◽  
International Treaties ◽  
Global Community ◽  
International Environmental Law ◽  
Transboundary Air Pollution ◽  
Hard Law ◽  
Legal Document ◽  
Strong Commitment

International treaties in the field of protection of atmosphere and trans-boundary air pollution that qualified as ‘soft law’ and ‘hard law’ legal document has developed since 1919 until at present. From the Study on the International treaties, it can be known that the global community has strong commitment to the problem of protection of atmosphere and trans-boundary air pollution. Unfortunately, it can be concluded, that those international treaties is so fragmented and therefore, is difficult to be implemented comparing with instrument of international environmental law in general.Keyword: international treaties, protection of atmosphere, transboundary air pollution

scholarly journals Philosophy of “Soft Law” as a Universal Regulator of International Relations Management

wisdom ◽  
2021 ◽  
Vol 20 (4) ◽  
pp. 95-103
Author(s):  
Volodymyr ORTYNSKYI ◽  
Valentina SHAMRAYEVA ◽  
Ihor ZEMAN ◽  
Ivanna LISNA ◽  
Oksana VALETSKA
Keyword(s):  
International Relations ◽  
International Law ◽  
International Management ◽  
Soft Law ◽  
International Treaties ◽  
International Treaty ◽  
Political Obligations ◽  
Legal Obligations ◽  
Legal Force

Soft law is a set of rules and guidelines, the legal force of which is at the “negotiation” stage. It has ap- peared in international law since the 1970s as one alternative to international treaties, used in cases where, for various reasons, the parties do not want or cannot commonly decide or to sign an international treaty. Agreements of this kind do not create legal obligations between the contracting parties (under the princi- ple, contracts must be respected) but only set political obligations, observing which is at the discretion of the parties. The primary purpose of the study is to analyze the philosophy of “soft law” in the context of international management of relations. The principal object of the research is the essence and significance of the philosophy of “soft law” as such. The major results of our research are to determine the essence and significance of the philosophy of “soft law” in the context of international relations.

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