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.

Rights of the Child

2017 ◽  
Author(s):  
Asha Bajpai
Keyword(s):  
Civil Society ◽  
International Law ◽  
Legal Framework ◽  
Civil Society Organizations ◽  
Legal Definition ◽  
Rights Of The Child ◽  
The Government ◽  
Definition Of

The chapter commences with the change in the perspective and approach relating to children from welfare to rights approach. It then deals with the legal definition of child in India under various laws. It gives a brief overview of the present legal framework in India. It states briefly the various policies and plans, and programmes of the Government of India related to children. International law on the rights of the child is enumerated and a summary of the important judgments by Indian courts are also included. The chapter ends with pointing out the role of civil society organizations in dealing with the rights of the child and a mention of challenges ahead.

scholarly journals Customary International Rules in Contemporary International Law // Međunarodna običajna pravila u savremenom međunarodnom pravu

2019 ◽  
Vol 9 (9) ◽  
pp. 136
Author(s):  
Duško Glodić
Keyword(s):  
International Relations ◽  
International Law ◽  
Legal Framework ◽  
International Community ◽  
Point Of View ◽  
Customary International Law ◽  
Practical Point ◽  
Legal Norms ◽  
State Practice ◽  
The Creation

This article explores the role and importance accorded to customary international law in contemporary international law. First of all, the author has explored a number of issues related to this topic. Particluarly, the manner in which norms of customary international law are being established through the relevant State practice and the formation of opinio juris, as well as how the changes in contemporary international relations generated some chages in custromary international law were examined from both theretical and practical point of view. Than, the article elaborated, in a more concrete manner, different ways of impact of changes in international relations and subjects of international law to the formation of customary international rules. It has also paid attention to the evolution in international law and its reflection to the creation of international legal norms, including customary rules. The article concluded that, despite an ever increasing number of treaties, customary rules are still present in international law and are important for regulation of international relations, thus ensuring that dynamics and developments within the international community are followed by the development of legal framework.

Tipping the Balance: International Courts and the Construction of International and Domestic Politics

2011 ◽  
Vol 13 ◽  
pp. 1-21
Author(s):  
Karen J Alter
Keyword(s):  
International Relations ◽  
International Law ◽  
Domestic Politics ◽  
Tipping Point ◽  
Legal Institutions ◽  
International Courts ◽  
State Compliance ◽  
Point Argument

Abstract The proponents of international courts (ICs) expect that creating formal legal institutions will help to increase respect for international law. International relations scholars question such claims, since ICs have no tools to compel state compliance. Such views are premised on the notion that states have unique preferences that ICs must satisfy in order to be effective. The tipping point argument is premised on the notion that within each state are actors with numerous conflicting preferences. ICs can act as tipping point actors, building and giving resources to compliance constituencies—coalitions of actors within and outside of states—that favour policies that happen to also be congruent with international law.

A Global Legal Instrument for Alcohol Control: Options, Prospects and Challenges

2020 ◽  
pp. 1-15 ◽  
Author(s):  
Gian Luca BURCI
Keyword(s):  
International Relations ◽  
International Law ◽  
Social Impact ◽  
Theoretical Models ◽  
Legal Framework ◽  
Control Measures ◽  
Present Contribution ◽  
International Convention ◽  
Political Processes ◽  
Alcohol Control

Alcohol is the sole major psychoactive substance with a huge negative public health and social impact without some form of international control grounded in a binding treaty. While existing rules of international law, in particular in the economic field, favour liberalisation and may hinder strong national alcohol control measures, we may be witnessing a turning of the tide due to the growing mobilisation against non-communicable diseases. The Framework Convention on Tobacco Control has been a ground-breaking development in this sense, and has led policymakers and advocates in a number of countries to raise the possibility of a similar convention on alcohol control. The present contribution compares tobacco and alcohol from this perspective and considers the feasibility of a dedicated international convention. It concludes that the political prospects of a movement in this direction are very dim at the present time; however, policy developments on other health problems and theoretical models emerging from constructivist international relations scholarship may open up promising perspectives for considering normative and institutional approaches that could strengthen the existing legal framework and facilitate political processes towards stronger forms of legalisation of global alcohol control.

A Bird’s-Eye View of Arctic Governance: Reflecting on the Role of International Law in Arctic Cooperation from a Bird Conservation Perspective

2009 ◽  
Vol 1 (1) ◽  
pp. 401-426
Author(s):  
Arie Trouwborst
Keyword(s):  
International Law ◽  
Environmental Governance ◽  
Legal Framework ◽  
The Arctic ◽  
Bird Conservation ◽  
Uria Lomvia ◽  
Ivory Gull ◽  
The Impact ◽  
Binding Agreement

Abstract This article discusses the role of international law in environmental governance in the Arctic. It does so from the perspective of bird conservation. Challenges in the latter field are introduced, including the impact of climate change on Arctic bird habitats and the incidental mortality of seabirds in Arctic fisheries. The ability of the current international legal framework in the Arctic to meet these challenges is scrutinised, and future scenarios for its enhancement are explored, including the conclusion of (a) new legally binding agreement(s). Five species receive particular attention as part of this exercise: gyrfalcon (Falco rusticolus), ivory gull (Pagophila eburnea), spoon-billed sandpiper (Eurynorhynchus pygmeus), Kittlitz’s murrelet (Brachyramphus brevirostris) and Brünnich’s guillemot (Uria lomvia). Special attention is also devoted to the issue of seabird bycatch.

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”.

International Law and the Exploration and Use of Outer Space

2017 ◽  
Author(s):  
Steven Freeland
Keyword(s):  
International Law ◽  
Space Debris ◽  
Outer Space ◽  
Legal Framework ◽  
Soft Law ◽  
The Law

The 1957 launch of Sputnik I challenged humankind’s perceptions of what was possible in space, and necessitated the development of a legal framework for the exploration and use of outer space. However, these rules emerged at a time when the development of space-related technology was principally directed towards military objectives. As the possibility of a military confrontation in space increases, uncertainty coalesces with other risks, particularly with respect to the dangers posed by space debris, revealing lacunae in the law, the further evolution of which has largely stalled due to geopolitical factors. Emerging ‘soft’ law principles are neither entirely clear nor sufficiently comprehensive to meet the increasing complexity associated with attempting to regulate outer space. This chapter assesses the uncertainties arising from the existing international legal framework and their correlation to significant risks pertaining to the exploration and use of outer space.

International Law and International Relations

2018 ◽  
Author(s):  
Robert J. Beck
Keyword(s):  
International Relations ◽  
International Law ◽  
Multinational Corporations ◽  
Criminal Court ◽  
European Court ◽  
Power And Control ◽  
Private Citizens ◽  
National Jurisdiction ◽  
Distribution Of Power ◽  
And Control

International Law (IL) is the set of rules generally regarded and accepted as binding in relations between states and between nations. It serves as a framework for the practice of stable and organized international relations (IR). International law differs from state-based legal systems in that it is primarily applicable to countries rather than to private citizens. National law may become international law when treaties delegate national jurisdiction to supranational tribunals such as the European Court of Human Rights or the International Criminal Court. The immense body that makes up international law encompasses a piecemeal collection of international customs; agreements; treaties; accords, charters, legal precedents of the International Court of Justice (aka World Court); and more. Without a unique governing, enforcing entity, international law is a largely voluntary endeavor, wherein the power of enforcement only exists when the parties consent to adhere to and abide by an agreement. This is where IR come about; it attempts to explain behavior that occurs across the boundaries of states, the broader relationships of which such behavior is a part, and the institutions (private, state, nongovernmental, and intergovernmental) that oversee those interactions. Explanations can also be found in the relationships between and among the participants, in the intergovernmental arrangements among states, in the activities of multinational corporations, or in the distribution of power and control in the world as a single system.

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.

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