Conclusion

2018 ◽  
Author(s):  
Abraham L. Newman ◽  
Elliot Posner
Keyword(s):  
International Relations ◽  
International Law ◽  
Comparative Politics ◽  
Financial Regulation ◽  
Environmental Regulations ◽  
Soft Law

The Conclusion elaborates on the book’s substantive and theoretical implications. In terms of global financial regulation, it draws lessons about international soft law in a climate of rising anti-expertise disdain and offers recommendations for improving representation in the transnational arenas where financial soft law is made. Moving beyond the politics of finance, the chapter probes the limits of its argument, considering other empirical domains such as labor and environmental regulations. The chapter ends by exploring the more general theoretical findings of the book, calling on scholars of international relations, comparative politics, and international law to rethink the interaction of institutions, actors, and power.

Introduction

2018 ◽  
Author(s):  
Abraham L. Newman ◽  
Elliot Posner
Keyword(s):  
Best Practices ◽  
International Relations ◽  
International Law ◽  
Financial Regulation ◽  
Soft Law ◽  
Economic Governance ◽  
Global Level ◽  
Voluntary Standards ◽  
Central Argument

Chapter 1 gives an overview of the book and summarizes its key argument. From finance to the environment, economic governance at the global level increasingly takes place through voluntary standards, principles, best practices, and guidance, created in transnational forums and labeled international soft law. The proliferation of international soft law has received relatively little scholarly attention despite widespread recognition of its importance. What does soft law do? Going beyond standard answers about soft law’s ability to solve problems, the book’s central argument emphasizes second-order (that is, temporal) political and distributive effects. In doing so, the book resolves real-world questions about the politics of financial regulation, and offers theoretical contributions to scholars of international law, international relations, and sociology. The Introduction ends with chapter summaries of the book.

Prevalence of Soft Law in the Arctic

2021 ◽  
Vol 12 (1) ◽  
pp. 285-307
Author(s):  
Hema Nadarajah
Keyword(s):  
International Relations ◽  
International Law ◽  
Domestic Politics ◽  
Legal Framework ◽  
The Arctic ◽  
Soft Law ◽  
Dynamic Changes ◽  
Binding Forms ◽  
National Jurisdiction ◽  
Definition Of

Soft law has been observed to be increasing within the frontiers – regions and issue-areas that extend beyond national jurisdiction, and where governance substantively integrates scientific and technological knowledge. The often-used assumption for the prevalence of such instruments has been the uncertainty of scientific knowledge. This paper takes this facile analysis further by examining the dynamic changes to the number and diversity of state and non-state actors as well as their relative influence. Using a revised definition of soft law which encompasses both binding and non-binding forms, this article shows that this has not been the case. Through analysis of the legal framework within which the region is governed and a mixed methodology drawing from the fields of international relations and international law, this research confirms that soft law is prevalent within the Arctic and that it is an outcome of domestic politics, as well as geopolitical tensions among the relevant states.

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”.

scholarly journals The Binding Force of International Legal Standards in the Face of the Recurrent Practice of Soft Law

2017 ◽  
Vol 7 ◽  
pp. 79-91
Author(s):  
Diallo Boubacar Sidi
Keyword(s):  
International Relations ◽  
International Law ◽  
International Cooperation ◽  
Rule Of Law ◽  
International Organizations ◽  
Soft Law ◽  
The Rule Of Law ◽  
Legal Standards ◽  
Binding Force ◽  
The Face

Soft law facilitates cooperation between international actors. Already, the elaboration of international law is a matter of shared competence between States, traditionally recognized as the only subjects of international law, international organizations and the typical actors. International organizations have initiated a movement towards the adoption of flexible forms of regulation of international relations. They will profoundly change the way in which international law will be created and presented to the recipients of the rule of law. From the very beginning of their activities, organizations preferred a method other than hierarchical command to encourage international cooperation. They will develop a consistent legal technique, aimed at persuading and not compelling their Member States to adopt conduct consistent with the legally binding standard. This article proposes a reflection on soft law and the results of its increasing use in international practices.

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.

PENERAPAN PRINSIP PERSONA NON GRATA TERHADAP DUTA BESAR DITINJAU DARI PERSPEKTIF HUKUM INTERNASIONAL (STUDI KASUS PENGANIAYAAN TKI OLEH DUTA BESAR ARAB SAUDI DI JERMAN)

2019 ◽  
Vol 1 (1) ◽  
pp. 60-71
Author(s):  
Devi Yusvitasari
Keyword(s):  
International Relations ◽  
International Law ◽  
Recipient Country ◽  
Secondary Data ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
National Interests ◽  
The World ◽  
Diplomatic Immunity ◽  
The Right

A country needs to make contact with each other based on the national interests of each country related to each other, including among others economic, social, cultural, legal, political, and so on. With constant and continuous association between the nations of the world, it is one of the conditions for the existence of the international community. One form of cooperation between countries in the world is in the form of international relations by placing diplomatic representation in various countries. These representatives have diplomatic immunity and diplomatic immunity privileges that are in accordance with the jurisdiction of the recipient country and civil and criminal immunity for witnesses. The writing of the article entitled "The Application of the Principle of Non-Grata Persona to the Ambassador Judging from the Perspective of International Law" describes how the law on the abuse of diplomatic immunity, how a country's actions against abuse of diplomatic immunity and how to analyze a case of abuse of diplomatic immunity. To answer the problem used normative juridical methods through the use of secondary data, such as books, laws, and research results related to this research topic. Based on the results of the study explained that cases of violations of diplomatic relations related to the personal immunity of diplomatic officials such as cases such as cases of persecution by the Ambassador of Saudi Arabia to Indonesian Workers in Germany are of serious concern. The existence of diplomatic immunity is considered as protection so that perpetrators are not punished. Actions against the abuse of recipient countries of diplomatic immunity may expel or non-grata persona to diplomatic officials, which is stipulated in the Vienna Convention in 1961, because of the right of immunity attached to each diplomatic representative.

«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.

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