scholarly journals A Comparative Study on Soft Law: Lessons from the COVID-19 Pandemic

2021 ◽  
pp. 1-34
Author(s):  
Barbara BOSCHETTI ◽  
Maria Daniela POLI
Keyword(s):  
Legal Theory ◽  
Theory And Practice ◽  
Soft Law ◽  
General Interest ◽  
Hard Law ◽  
Regulatory Strategies ◽  
Key Topics ◽  
Negative Impacts ◽  
Different Levels ◽  
Shed Light

Abstract This article aims to map how soft law tools have complemented and supported the overall regulatory strategies implemented by European countries to counter the Covid-19 crisis (the soft law atlas), to shed light on some key topics of general interest for legal theory and practice: how soft law tools interact and complement one another including on different levels (the soft law web), how soft law tools interact and complement the sources of pandemic law (the interplay between soft and hard law), and the positive and negative impacts on governance and policy-making of soft law tools during the pandemic and beyond (soft law bright and dark sides).

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 Giurisprudenza e responsabilità morale: Il "Buon Giudice" Magnaud = Jurisprudence and moral responsibility: "The Good Judge" Magnaud

2018 ◽  
pp. 85
Author(s):  
Mariella Robertazzi
Keyword(s):  
20Th Century ◽  
Legal Theory ◽  
Theory And Practice ◽  
Legal Certainty ◽  
Legal Cases ◽  
Specific Object ◽  
History Of ◽  
History Of Law ◽  
Good Judge ◽  
Shed Light

RIASSUNTO: Paul Magnaud, magistrato e politico francese operante tra la fine del XIX e gli inizi del XX secolo e divenuto noto con l'appellativo di "bon juge", ci offre l'opportunità di riflettere su un nodo ineliminabile della teoria e della prassi giuridica: il rapporto tra legge ed equitá, tra certezza del diritto ed esigenze di giustizia. Nel saggio vengono ricostruiti i casi principali di cui egli si occupò quando era presidente del Tribunale di Chateâu-Thierry al fine di riportare alla luce un episodio della storia del diritto che può dire ancora molto al dibattito giuridico e politico contemporaneo.ABSTRACT: Paul Magnaud, who was a French politician and magistrate, mainly active between the end of 19thand the beginning of 20th century and known as the “bon juge” provides the opportunity to reflect on an unavoidable issue concerning both legal theory and practice. The specific object of that focuses on the correlation between law and fairness, as well as, legal certainty and need of justice. This essay will retrace the most important legal cases he dealt with, when he was the president of the court of Chateâu-Thierry, in order to shed light on a specific case, pertaining to the annals of the history of law, which can enhance the current judicial and political debate.PAROLE CHIAVE: legge, equità, certezza del diritto, giustizia.KEYWORDS: law, fairness, legal certainty, justice.

scholarly journals Killing me Softly? Scrutinising the Role of Soft Law in Greece’s Response to COVID-19

2021 ◽  
Vol 12 (1) ◽  
pp. 59-76
Author(s):  
Evangelia (Lilian) TSOURDI ◽  
Niovi VAVOULA
Keyword(s):  
Asylum Seekers ◽  
Personal Data ◽  
Fundamental Rights ◽  
Soft Law ◽  
Freedom Of Movement ◽  
Hard Law ◽  
Primary Basis ◽  
Full Swing ◽  
Second Wave

Greece emerged as the EU’s poster child in the fight against COVID-19 during the first few months of the pandemic. In this contribution, we assess Greece’s use of soft regulation in its regulatory response to COVID-19. Using “acts of legislative content”, which can be broadly conceptualised as softly adopted hard law, the Greek government largely achieved flexibility and simplified adoption procedures without having to resort to soft law per se. The role of soft law was limited - it complemented hard law rather than constituting the primary basis of COVID-19 restrictions - but not completely negligible. Soft law instruments regulated the processing of personal data, and was also pivotal in clarifying the criminal sanctioning of COVID-related rule violations. Greece’s success in handling the first wave of the pandemic, while effective, was arguably unfair to asylum seekers who saw their right to apply for asylum curtailed, and their right to freedom of movement restricted when limitations on the rest of the population were lifted. With a second wave of infections currently in full swing, it is imperative to keep scrutinising regulatory responses to ensure that they place the health and dignity of every individual (whoever they might be) at their core and fully respect their fundamental rights.

scholarly journals Design for Circularity Guidelines for the EEE Sector

2021 ◽  
Vol 13 (7) ◽  
pp. 3923
Author(s):  
Anton Berwald ◽  
Gergana Dimitrova ◽  
Thijs Feenstra ◽  
Joop Onnekink ◽  
Harm Peters ◽  
...  
Keyword(s):  
Value Chain ◽  
Electronic Equipment ◽  
Decision Makers ◽  
Hazardous Substances ◽  
Easy Access ◽  
Stakeholder Collaboration ◽  
Weee Recycling ◽  
Negative Impacts ◽  
Multi Stakeholder ◽  
Different Levels

The increased diversity and complexity of plastics used in modern devices, such as electrical and electronic equipment (EEE), can have negative impacts on their recyclability. Today, the main economic driver for waste electrical and electronic equipment (WEEE) recycling stems from metal recovery. WEEE plastics recycling, on the other hand, still represents a major challenge. Strategies like design ‘for’, but also the much younger concept of design ‘from’ recycling play a key role in closing the material loops within a circular economy. While these strategies are usually analysed separately, this brief report harmonises them in comprehensive Design for Circularity guidelines, established in a multi-stakeholder collaboration with industry leaders from the entire WEEE value chain. The guidelines were developed at the product and part levels. They are divided in five categories: (1) avoidance of hazardous substances; (2) enabling easy access and removal of hazardous or polluting parts; (3) use of recyclable materials; (4) use of material combinations and connections allowing easy liberation; (5) use of recycled materials. These guidelines are the first harmonised set to be released for the EEE industry. They can readily serve decision-makers from different levels, including product designers and manufacturers as well as policymakers.

scholarly journals Coronavirus and Soft Law in Germany: Business as Usual?

2021 ◽  
pp. 1-17
Author(s):  
Matthias Knauff
Keyword(s):  
Legal Order ◽  
Soft Law ◽  
Constitutional Order ◽  
Binding Forms ◽  
Almost All ◽  
Business As Usual ◽  
Shed Light ◽  
Made In

In combating the coronavirus pandemic in Germany, soft law has played an important, albeit not a central, role. Its use basically corresponds to that of under “normal circumstances”. In accordance with the German constitutional order, almost all substantial decisions are made in a legally binding form. However, these are often prepared through or supplemented by soft law. This article shows that soft law has played an important role in fighting the pandemic and its effects in Germany, although there cannot be any doubt that legally binding forms of regulation have prevailed. At the same time, the current pandemic has shed light on the advantages and effects of soft law in the context of the German legal order.

Nuclear Powers' Disarmament Obligation under the Treaty on the Non-Proliferation of Nuclear Weapons and the Comprehensive Nuclear Test Ban Treaty: Interactions between Soft Law and Hard Law

2013 ◽  
Vol 27 (1) ◽  
pp. 169-188 ◽  
Author(s):  
ALESSANDRA PIETROBON
Keyword(s):  
Nuclear Weapons ◽  
Nuclear Test ◽  
Good Faith ◽  
Soft Law ◽  
Legal Obligation ◽  
Hard Law ◽  
The Us ◽  
Test Ban ◽  
Nuclear Test Ban ◽  
Test Ban Treaty

AbstractThe Comprehensive Nuclear Test Ban Treaty (CTBT) will not be effective until all the 44 states listed in its Annex 2 ratify it. A special link has been established between the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and the CTBT. The disarmament obligation set by Article VI of the NPT, which has not yet been complied with, remains highly controversial. The relevant subsequent practice of the states parties to the NPT shows that the ratification of the CTBT is to be considered the first of the practical steps towards compliance with Article VI. However, as the practical steps do not set any legally binding norms, there is no legal obligation to ratify the CTBT, not even for the 44 states listed in Annex 2 whose ratification is essential. The paper deals with the position of nuclear powers party to the NPT that have not yet ratified the CTBT (most prominently the US and China) and demonstrates that these states should at least provide detailed motivation for their conduct. Otherwise, other states parties to the NPT could consider them as not complying in good faith with Article VI of the NPT and invoke the inadimplenti non est ademplendum rule to justify breaches of their own obligations under the same treaty.

scholarly journals Improving academic performance: Strengthening the relation between theory and practice through prompted reflection

2021 ◽  
pp. 146978742110144
Author(s):  
Slaviša Radović ◽  
Olga Firssova ◽  
Hans GK Hummel ◽  
Marjan Vermeulen
Keyword(s):  
Academic Performance ◽  
Experiential Learning ◽  
Learning Process ◽  
Theory And Practice ◽  
Positive Relationships ◽  
Collaborative Reflection ◽  
Different Levels

The importance of reflection during learning process is widely recognized. Drawing on the literature, this article presents a study where students were stimulated to reflect during experiential learning, in order to both re- and de- contextualize their knowledge. We describe how different levels of prompted reflection can be related to academic performance and perceptions of the learning process. We found positive relationships between prompting reflection and the academic performance. It is therefore argued that prompting reflection leads to higher levels of reflection and better performance in writing. The results also show that higher levels of reflection do not have to diminish students’ motivation, perception of usefulness, interest and enjoyment during learning. Finally, the results reveal needs for encouraging more collaborative reflection during learning.

Neuroethics

2017 ◽  
Author(s):  
Stephen J. Morse
Keyword(s):  
Legal Theory ◽  
Civil Liberty ◽  
Functional Brain Imaging ◽  
Theory And Practice ◽  
Criminal Cases ◽  
Normal Functioning ◽  
Scientific Status ◽  
Life Issues ◽  
End Of Life Issues ◽  
Do So

This chapter discusses whether the findings of the new neuroscience based largely on functional brain imaging raise new normative questions and entail normative conclusions for ethical and legal theory and practice. After reviewing the source of optimism about neuroscientific contributions and the current scientific status of neuroscience, it addresses a radical challenge neuroscience allegedly presents: whether neuroscience proves persons do not have agency. It then considers a series of discrete topics in neuroethics and neurolaw, including the “problem” of responsibility, enhancement of normal functioning, threats to civil liberty, competence, informed consent, end-of-life issues, neuroevidence in criminal cases, and the ethics of caution. It suggests that the ethical and legal resources to respond to the findings of neuroscience already exist and will do so for the foreseeable future.

scholarly journals EXPRESSÃO MILITAR DO SETOR ESTRATÉGICO ESPACIAL: EVOLUÇÃO E O DIREITO. CASO BRASILEIRO: QUARTA GERAÇÃO DA FORÇA AÉREA BRASILEIRA

2020 ◽  
Vol 0 ◽  
Author(s):  
José Vagner Vital ◽  
Maria Helena fonseca de Souza Rolim
Keyword(s):  
Soft Law ◽  
Hard Law

A evolução e transformações das tecnologias aplicadas aos usos do espaço exterior interconectadas com o uso militar do espaço exterior a evidenciam a pressão dos fatos sobre o direito, avocando reflexão sobre o corpus juris internacional sobre a questão, em nível de soft law e hard law. Mesmo no contexto de autodefesa, as atividades espaciais militares possuem aspectos ofensivos e defensivos que precisam ser considerados e podem ser executadas ao abrigo da Carta das Nações Unidas (considerando o direito à autodefesa) e do Tratado do Espaço (ao se entender o termo “propósito pacífico” equivalente ao termo “não agressão”, exceto para autodefesa), além de outros tratados que podem ser evocados em situações de conflito, no âmbito do Direito Internacional Humanitário. Este artigo consubstancia o caso brasileiro, onde a Força Aérea Brasileira apresenta o entendimento do Brasil quanto ao Tratado do Espaço e à Carta das Nações Unidas, estruturando sua aplicação militar do espaço exterior de acordo com os documentos políticos e doutrinários do Ministério da Defesa do Brasil, sabidamente, a Política de Defesa Nacional, a Estratégia Nacional de Defesa e o Programa Estratégico de Sistemas Espaciais. As operações militares descritas neste artigo revelam que situações fáticas emergentes carecem de tutela jurídica com elevado grau de efetividade.

scholarly journals AMENDMENTS TO THE CONSTITUTIONS OF THE REPUBLIC OF BULGARIA AND THE REPUBLIC OF KAZAKHSTAN: REGULATORY REQUIREMENTS AND ISSUES (COMPARATIVE ASPECTS)

2020 ◽  
pp. 80-88
Author(s):  
Y. Stoilov
Keyword(s):  
Legal Theory ◽  
Theory And Practice ◽  
Solid Core ◽  
Regulatory Requirements ◽  
National Assembly ◽  
The Republic ◽  
The Way

The article compares conditions and procedures for the adoption of Constitution and amendments to thecurrent constitution between the Republic of Bulgaria and the Republic of Kazakhstan. The criteria used inthe legal theory for the classification of the constitutions according to the way of their change are used. Bothconstitutions refer to the category of the hard. Bulgaria has a solid core of the constitution, which can onlybe changed by a specially elected institution — a Great (Grand) National Assembly. In Kazakhstan there areeven texts that are not subject to change. The experience of several changes to the two basic laws has beenconsidered. Whit them some of the questions have been answered by juridical theory and practice, whileothers remain open. At the end, conclusions are drawn from the parallel between the changes to the bothconstitutions, some of which are of universal significance.

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