Framework for the Promotion of Accountability in the Social Economy: The Specific Case of Private Social Solidarity Institutions

Given the extreme importance of improving the accountability of Private Social Solidarity Institutions (IPSS), both for reasons of legal compliance (hard law) and for reasons of improving legitimacy and notoriety among their stakeholders (soft law), this paper aims to present a framework designed under a more comprehensive research project, for the assessment of IPSS accountability and, consequently, its improvement. This study also present results of the indicators conceived, identifying the main trends of the framework dimensions and sub-dimensions from a pilot test for the years 2018, 2019 and 2020 in Portugal. Given the results, we believe that the framework designed answers the research question: How to promote accountability (social, financial and economic) in the social economy sector, in particular: the case of the IPSS?, however, as this is an exploratory article, it incorporates the limitation that this is a pilot test with only 7 entities.

Plastic ‘Highways’ to the Sea: The Problem of Litter in English Inland Waterways

There is a conspicuous lacuna in the Environmental Protection Act (EPA) 1990 because it imposes no legal duty on statutory bodies to clear litter from aquatic environments (rivers, canals and lakes) in England and Wales. This paper identifies a significant gap in the law on aquatic environmental protection by undertaking doctrinal research, including contextual analysis of references to rivers in ‘soft’ law (e.g., policy documents such as the Conservative Government’s Litter Strategy) and ‘hard law’ (e.g., legislation including the EPA 1990); an examination of the problems with existing legal frameworks in this sphere and an exploration of legislative and practical measures which could protect our rivers and other inland waterways from litter. A legislative amendment to the EPA is proposed with discussion of whether imposing a duty on an existing body or a new, specialised body to clear litter from rivers will ameliorate these problems. The intention behind this paper is to initiate an informed debate on how to protect aquatic environments from the harmful effects of litter.

Transnational Corporations and Human Rights

The problem of the different ways transnational corporations (TNCs) are held responsible for their violations of human rights standards has its own, long history. All the academic and legal efforts to date that have sought to clarify the proper grounds for effective remedies for wrongs that have been committed, have however failed to overcome the substantive obstacles and objections. Against such a complicated background the Authors present some reflections regarding the question of whether there is any possibility to take a step forward. Bearing in mind the powerful position of the TNCs, the Authors try to argue that – to some extent – mechanisms connected to State obligations in the field of human rights could be effective, if properly used, in relation to this type of corporate entity. Moreover, the absence of legally binding international rules (i.e. hard law) in the field under discussion is undoubtedly a missing factor for success. The article concludes that as long as the obligations and responsibilities of TNCs are not covered by legally binding and effectively enforced international rules, it will be impossible to cut this “Gordian knot”.

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

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).

Germline genome editing: Moratorium, hard law, or an informed adaptive consensus?

With the development of practical means of human germline genome editing (HGGE) in recent years, there have been calls for stricter regulation and oversight over HGGE interventions with potential for heritable changes in the germline. An international moratorium has been advocated. We examine the practicality of such a proposal, as well as of a regulation through the “traditional” mechanisms of international and municipal laws. We argue that these mechanisms are unlikely to achieve their intended objectives and that the better approach is to engage the international community of stakeholders, researchers, scientists, clinicians, and other workers directly involved in the field in working toward the development of an “informed adaptive consensus”. We offer suggestions as to how this may be achieved and how existing indirect levers of regulation may be harnessed toward this end.

Artificial Intelligence ante portas: Reactions of Law

Artificial intelligence and algorithmic decision-making causes new (technological) challenges for the normative environment around the globe. Fundamental legal principles (such as non-discrimination, human rights, transparency) need to be strengthened by regulatory interventions. The contribution pleads for a combination of regulatory models (hard law and soft law); based on this assessment, the recent European legislative initiatives are analyzed.

International standards for the use of confiscation of earnings gained by illegal means: features of implementation in Russian legislation

The author examines international standards for the use of confiscation of earnings gained by illegal means, the process of their consistent formation, practical implementation and the problems arising from the ratio of “soft” and “hard” law. The contribution of the United Nations and other international specialized and regional organizations to the consolidation of international standards in the field of confiscation of instruments, means of committing and proceeds from corruption crimes and legalization (laundering) of criminal proceeds is analyzed. International standards are studied in accordance with their legal force and form of consolidation, they are compared with national mechanisms and standards. It also indicates the problems of introducing international law into Russian criminal legislation, provides examples of the practice of foreign countries.

The instruments of Eurozone fiscal surveillance through the lens of the soft law/hard law dichotomy—Looking for a new approach

The past decade has profoundly reshaped the fiscal governance system of the Eurozone. Supranational prerogatives vis-à-vis State budgets have been significantly expanded, thereby redefining the nature of Union action in the field of fiscal policy and transforming the dynamics between the Union and its Member States. In spite of its overhaul and the practical effects that Eurozone fiscal governance now produces on the ground, the paper shows that overall, this regulatory system still formally qualifies as soft law. This results in a deep disconnect between the form and substance of Eurozone fiscal surveillance in the Eurozone, which raises a number of constitutional challenges. The paper shows that the source of this disconnect is to be found in the strict apprehension of the hard law/soft law divide and the narrow understanding of bindingness attached to it, which currently prevails in the legal discipline, but no longer corresponds to the realities of the EU’s regulatory practice. From there on, the paper offers an alternative approach towards the distinction between hard and soft law, based on a renewed, more open and contextual, understanding of the concepts of bindingness and legal effects, which might reconcile the form and the reality of Eurozone fiscal governance nowadays.

Origins of Equity

Equitable considerations have been present in human societies for unfathomable aeons. From ancient Greece and Rome to modern times, through ecclesiastical law and the medieval English Chancery, equity has introduced considerations of fairness in legal thought and has helped mitigate the harshness of draconian laws. What is considered equitable has varied over time, with the equitable innovations of the past typically becoming the hard law of today. The purpose of the chapter is to show equity’s continuity in time and across legal systems, as a stepping stone to the argument presented later in the book that equity is a source of international law. The chapter explains that the distinct ways in which we make sense of equity owe something to its historical evolution in our respective legal systems. Ultimately, the chapter highlights equity’s journey from municipal legal systems to international law.