scholarly journals Soft Law, Authoritative Advice and Non-binding Agreements

2019 ◽  
Vol 39 (3) ◽  
pp. 507-525
Author(s):  
Andrei Marmor
Keyword(s):  
International Law ◽  
Soft Law ◽  
Practical Reasons ◽  
Reasons For Action ◽  
Philosophical Perspective ◽  
Legal Obligations ◽  
The Subject

Abstract 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 or soft law, namely, norms or directives explicitly avoiding the imposition of legal obligations on the relevant parties. From a philosophical perspective, this is rather puzzling: how can we explain the idea of a non-binding directive or a non-binding contract? In this article I aim to provide an account of the rationale of soft law from the perspective of the practical reasons in play. First, I analyse the idea of authoritative advice, suggesting that when authorities advise their putative subjects, they purport to give the subject presumptive reasons for action. I explain what presumptive reasons are. Secondly, I suggest the possibility that something very similar is at work in cases of non-binding agreements, coupled with special accountability relations that such agreements invariably constitute.

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 “philosophy” of economic diplomacy as an instrument of “soft law”: history and modernity

2021 ◽  
pp. 126-134
Author(s):  
Igor' Olegovich Nadtochii ◽  
Oleg Alekseevich Novikov
Keyword(s):  
International Relations ◽  
International Law ◽  
World Order ◽  
Soft Law ◽  
Legal Norms ◽  
Economic Diplomacy ◽  
Continuous Application ◽  
The Subject ◽  
Global World ◽  
The Impact

The subject of this research is the phenomenon of economic diplomacy as an instrument of “soft law”, which is becoming widespread in the international relations of modern multipolar world. The object of this research is the international relations and the impact of international legal norms upon formation of their peculiarities. Attention is given to the differences between “soft” and “hard” international law, as well as international and “quasi-international” law. The author explores various historical aspects of international relations, within the framework of which are implemented certain legal mechanisms and instruments. Incompletion of evolution of the phenomenon of “soft law” at the present stage is observed. The conclusion is made that the task of “soft law” in international relations lies in the use of the established international legal toolset and correction of the global world order to the benefit of a certain country of group of countries. It is noted that that key criterion that determines “soft law” as a unique instrument of international relations and international law is the nature of the means that without the extensive use of non-legal instruments. At the same time, the authors claim that in a number of cases, the emergence of legal mechanisms is the result of continuous application of “soft law”.

Strengthening the Soft International Law of Exchange Arrangements

1983 ◽  
Vol 77 (3) ◽  
pp. 443-489 ◽  
Author(s):  
Joseph Gold
Keyword(s):  
International Economic ◽  
International Law ◽  
Subject Matter ◽  
Soft Law ◽  
Precise Meaning ◽  
International Lawyer ◽  
The Subject ◽  
The Hague

The concept of “soft law” in international law has been familiar for some years, although its precise meaning is still debated. A distinguished international lawyer, Professor Ignaz Seidl-Hohenveldern, delivered a series of lectures on International Economic “Soft Law” at the Hague Academy of International Law in 1979. The concept as applied to economic affairs is of particular interest in relation to the subject matter of this article.

scholarly journals The Right of Intervention for the Protection of Nationals : Reassessing the Doctrinal Debate

2005 ◽  
Vol 30 (2) ◽  
pp. 441-493
Author(s):  
Jean Raby
Keyword(s):  
International Law ◽  
Use Of Force ◽  
Legal Order ◽  
Practical Reasons ◽  
The Past ◽  
International Legal Order ◽  
The Subject ◽  
The Right ◽  
International Law Commission ◽  
Self Defence

The legality of a forceful intervention by a state to protect its nationals has been the subject of a continuing controversy over the past 15 years. Many see it as an unlawful use of force prohibited by the Charter of the United Nations, others see it as a lawful exercice of a self-standing right recognized under contemporary international law, some finally claim it falls under the scope of self-defence. The author proposes not to restate that debate, but more to reassess it, examining and challenging some of the arguments raised on both sides of the question. Within that debate, it will be concluded that the international legal order does indeed recognize the validity of the use of force for such a purpose : if the avenue of self-defence is rejected, for conceptual as well as practical reasons, the right of intervention to protect nationals is indeed, for the author, part of the comtemporary international legal order. Then, the author wishes to broaden the debate and proposes another option, which has not been explored by scholars and publicists but which is found more satisfactory than any other approach : intervention to protect nationals can be justified under international law because of the existence, in a particular case, of a "state of necessity" as defined by the International Law Commission.

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.

scholarly journals Norma internacional = International norm

2020 ◽  
pp. 274 ◽  
Author(s):  
Ruth Martinón Quintero
Keyword(s):  
International Law ◽  
International Society ◽  
Legal System ◽  
International Organization ◽  
Soft Law ◽  
International Norm ◽  
The Subject ◽  
International Legal System ◽  
The One

Resumen: La norma internacional es especialmente adaptativa a la realidad de la sociedad internacional que regula. Los cambios en la estructura del ordenamiento jurídico internacional a través de su institucionalización y humanización, por un lado, y el mismo proceso de globalización, por otro, han redefinido la caracterización de la norma internacional. No solo se trata de la expansión de la materia objeto de regulación y el incremento de los actores que participan más o menos formalmente en su formación, sino también en la misma caracterización de la norma internacional como elemento del ordenamiento jurídico, al dotarse éste de jerarquía y, pese a su ampliación y complicación, mantener la sistematicidad.Palabras clave: Tratado, costumbre, jurisprudencia, derecho blando, ius cogens, erga omnes, formación del derecho internacional, Estado, organización internacional, actores internacionales, sociedad internacionalAbstract: The international norm is especially adaptive to the reality of the international society it regulates. Changes in the structure of the international legal system through its institutionalization and humanization, on the one hand, and the process of globalization, on the other, have redefined the characterization of the international norm. It is not only about the expansion of the subject matter of regulation and the increase of the actors that participate more or less formally in its formation, but also in the same characterization of the international norm as an element of the legal system, when it is endowed with hierarchy and, despite its expansion and complication, maintains systematicity. Keywords: Treaty, costumary law, soft law, ius cogens, erga omnes, formation of International Law, State, international organization, international actors, international society.

«Soft law» in the law of the Eurasian Ec onomic Union: place and possibility of challenging

2020 ◽  
Vol 9 ◽  
pp. 35-42
Author(s):  
P.P. Myslivsky ◽  
◽  
I.N. Shchurova
Keyword(s):  
International Law ◽  
International Organizations ◽  
Soft Law ◽  
Binding Force ◽  
Eurasian Economic Union ◽  
Economic Commission ◽  
Economic Union ◽  
The Law

In international law, there are sources that do not formally have binding force, but may indicate the emergence of the opinio juris of states, as well as emerging practice. The Eurasian Economic Union also issues acts that are not formally binding: they are adopted by the Eurasian Economic Commission in the form of recommendations. In addition, the Union takes into account the recommendatory acts of other international organizations. At present, the practice of the EAEU Court indicates that this body takes into account “soft law” in the course of argumentation, but proceeds from the impossibility of challenging acts that are recommendations of the EEC. The authors give ways to establish the possibility of challenging the EEC recommendations in the EAEU Court.

The Global Compact for Safe, Orderly and Regular Migration: a kaleidoscope of international law

2020 ◽  
Vol 16 (3) ◽  
pp. 253-268
Author(s):  
Vincent Chetail
Keyword(s):  
International Law ◽  
Soft Law ◽  
The Political ◽  
Political Debate ◽  
Global Compact ◽  
Legal Norms ◽  
Hybrid Character ◽  
Normative Content

AbstractThe Global Compact for Safe, Orderly and Regular Migration has prompted an intense political debate at both the international and domestic levels. Most controversies focus on its legal stance and highlight the hybrid character of the Compact as a soft-law instrument. While acknowledging the political nature of the Compact, this paper delves into its legal dimensions from the perspective of international law. This inquiry into its normative content discloses three main features: (1) the Compact is not a codification of international legal norms governing migration; it is an instrument of both (2) consolidation and (3) expansion of international law to foster inter-governmental co-operation and promote safe, orderly and regular migration.

The Squire Law Library at Cambridge: the Historical Development and Current Status of the International Law Collections

2017 ◽  
Vol 17 (2) ◽  
pp. 78-91 ◽  
Author(s):  
Lesley Dingle
Keyword(s):  
International Law ◽  
Historical Development ◽  
Detailed Account ◽  
Current Status ◽  
Public International Law ◽  
The Public ◽  
The Subject ◽  
Law Library

AbstractIn this paper Lesley Dingle provides a detailed account of the historical development of the public international law collections at the Squire Law Library in Cambridge. She explains the close involvement of the academic lawyers and the librarians, past and present, in developing an important collection which reflects the significance of the subject at Cambridge's Faculty of Law. Finally, she brings things up-to-date by detailing the extent of the electronic provision which benefits the modern scholar in this discipline.

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