SDGs and their impact on African, Caribbean and Pacific (ACP) group of states and CARICOM – soft law on its way through the legal order

2020 ◽  
pp. 151-167
Author(s):  
Winfried Huck
Keyword(s):  
Legal Order ◽  
Soft Law ◽  
African Caribbean

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.

The Institutionalization of a Process

2016 ◽  
Vol 13 (2) ◽  
pp. 308-340
Author(s):  
Gloria Fernández Arribas
Keyword(s):  
Decision Making ◽  
International Law ◽  
International Organizations ◽  
Legal Order ◽  
International Organization ◽  
Soft Law ◽  
Decision Making Process ◽  
Main Task ◽  
Kimberley Process ◽  
Law Making

The Kimberley Process represents a new method of international cooperation between subjects of international law. It was named by its creators as a process, setting it apart from international organizations, and leading too to its consideration as informal international law-making or soft law. In this study we shall analyze the extent to which the Kimberley Process falls into these categories. Our main task, however, is to compare it to formal international organizations, with a view to establishing whether what really has been created is an institutionalization process that is like an international organization, but with a different name. To do this, we will analyze with reference to the Kimberley Process the various respective fields of international organizations, such as founding agreement, membership, structure, decision-making process and legal order.

4. EU Law: Sources, Forms, and Law-Making

2021 ◽  
pp. 94-140
Author(s):  
Nigel Foster
Keyword(s):  
Decision Making ◽  
Legal System ◽  
Legal Order ◽  
Fundamental Rights ◽  
Soft Law ◽  
Eu Law ◽  
The Rich ◽  
Alternative Decision ◽  
Law Making ◽  
The Eu

This chapter takes an overall view of the EU legal order and examines its legal system, including the elements which are either different from or similar to member states’ legal systems. It begins by taking an overall view of the EU legal order, the different forms of EU law, and the various sources of law contributing to this legal order, in particular now the rich source of human and fundamental rights in the EU legal order. It considers the non-strictly legally binding rules known as ‘soft law’. It also looks at the ways or processes by which the binding laws are made and reviews alternative decision-making and law-making developments.

scholarly journals The rule of soft law

Focaal ◽  
2010 ◽  
Vol 2010 (56) ◽  
pp. 3-18 ◽  
Author(s):  
Filippo M. Zerilli
Keyword(s):  
Special Section ◽  
Legal Pluralism ◽  
Vantage Point ◽  
Legal Order ◽  
Soft Law ◽  
Anthropological Perspective ◽  
Introductory Article ◽  
Social Fields ◽  
Normative Status

This introductory article aims to clarify why soft law is an interesting field to explore from a legal anthropological perspective and to point out a number of issues this theme section suggests taking into consideration. The article provides the context for the theme section, inserting soft law within global legal concerns and processes. It outlines the emergence of the notion of soft law, and summarizes the controversies it has raised among legal scholars and law practitioners. Then it explains why, despite the elusive character of the notion and its uncertain normative status, as soon as we move beyond a number of emblematic concerns for law practitioners, soft law mechanisms and practices appear to be a vantage point to explore the emerging transnational legal order, and particularly the relations among state, supra-state, and non-state (private) forms of regulation. Finally, the article introduces the articles in the special section of this issue by highlighting the ways in which they empirically deal with soft law practices and global legal pluralism in a variety of social fields and contexts, using ethnographic sensitivity and imagination.

scholarly journals Democratic Legitimacy and Soft Law in the EU Legal Order: A Theoretical Perspective

2021 ◽  
Vol 17 (1) ◽  
Author(s):  
Danai Petropoulou Ionescu ◽  
Mariolina Eliantonio
Keyword(s):  
Decision Making ◽  
European Union ◽  
Theoretical Perspective ◽  
Legal Order ◽  
Democratic Legitimacy ◽  
Soft Law ◽  
The European Union ◽  
Policy Issues ◽  
Empirical Assessment ◽  
The Eu

The increased recourse to soft law by the European Union (EU) as a flexible solution to complex social and policy issues has raised several questions about the democratic legitimacy of decision-making at the EU level. With the aim to provide a normative direction for future empirical assessment of EU soft law, this article explores the democratic credentials that EU soft law measures should fulfil to ensure their legitimacy. Drawing from the intersections of liberal, republican and deliberative conceptions of democracy, this article proposes four democratic legitimacy standards for the evaluation of soft law measures in practice: parliamentary involvement, transparency, participatory quality and reviewability.

Conclusion

2021 ◽  
pp. 325-332
Author(s):  
Erika George
Keyword(s):  
Human Rights ◽  
International Law ◽  
Self Regulation ◽  
Social Pressure ◽  
Legal Order ◽  
Soft Law ◽  
Business Practices ◽  
Policy And Practice ◽  
Corporate Code ◽  
Business Enterprises

In conclusion, the book reflects on what these different developments mean for international law. It describes an emerging “transnational legal order” promoting policy and practice in the absence of a binding regulatory instrument. It presents and addresses concerns and caveats over business enterprises incorporating rights versus co-opting rights. It is argued that self-regulation is a misnomer in that constituencies outside the corporation co-create conditions for enforcement. Information and activism that raised awareness concerning the adverse human rights impacts associated with particular business practices and have prompted change in many instances, at minimum the creation of a corporate code or policy that incorporates reference to human rights and speaks to responsibility. Less well articulated is accountability to victims of rights violations and access to remedy. Ensuring policies that are in place are put into practice and corporate performance is consistent with responsibility to respect remains a challenge. Mandating information can aid and accelerate efforts to ensure business enterprises take the responsibility to respect human rights seriously—a “smart mix” of strategies will be required, and we must appreciate that soft law and social pressure are an important part of the mix.

EU Soft Law in the EU Legal Order: A Literature Review

2019 ◽  
Author(s):  
Oana Andreea Stefan ◽  
Matej Avbelj ◽  
M. Eliantonio ◽  
Miriam Hartlapp ◽  
Emilia Korkea‐aho ◽  
...  
Keyword(s):  
Literature Review ◽  
Legal Order ◽  
Soft Law ◽  
The Eu

scholarly journals International Financial Standards in the Global Legal Order and in EU and EAEU Law

2020 ◽  
Vol 8 (3) ◽  
pp. 4-31
Author(s):  
Ilya Lifshits ◽  
Vladislav Ponamorenko
Keyword(s):  
Financial Regulation ◽  
Legal Order ◽  
Soft Law ◽  
The European Union ◽  
Integration Model ◽  
Peer Reviews ◽  
Eurasian Economic Union ◽  
The International Monetary Fund ◽  
The Eu

The global financial crisis strengthened the role of international financial standards in global commercial architecture and outlined the specialization of standard-settingbodies. These standards may be transposed in international agreements or be implemented in the legal order of states and state communities (such as the European Union (EU) and the Eurasian Economic Union (EAEU)). The development of standard-setting bodies and the evolving process of soft law rulemaking have led to the establishment of a specific mechanism, which may be called “the soft law mechanism.” The authors argue that this mechanism includes several components: normative (IFS), institutional (SSBs), controlling (peer reviews), and assuring (implementing incentives) components. However, despite the rising influence of international financial standards, a strict boundary between soft and hard law should be established. This article outlines these boundaries and justifies the use of the term soft law. In post-crisis global financial regulation, the role of soft law has increased not only in the financial market but also in the field of monetary regulation. Along with the traditional mechanisms of financial support from the International Monetary Fund (IMF), states may use alternative bilateral and regional mechanisms. At the level of integration associations, soft law manifests in different ways. In the EU, despite the expansion of its field of action, soft law is purely an auxiliary element of the Union’s legal system. In EAEU law, the mechanism of soft-law regulation can beconsidered promising, given the peculiarities of the integration model. 

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