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Vol 21 No 11 Nov/Dec 2016

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Commitment and Compliance

Edited by: Dinah Shelton

ISBN13: 9780198298083
ISBN: 0198298080
Published: August 2000
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £105.00
Paperback edition , ISBN13 9780199270989



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Commitment and Compliance is the first book to evaluate the impact of state behaviour of international norms adopted in forms that are not legally binding. The use of such 'soft law' has increased dramatically with the proliferation of international organizations. Whether and how such norms can be used effectively to supplement or substitute for legally binding obligations forms the heart of this discussion. In the study, a project of the American Society of International Law, the authors look at four subject areas in international law: human rights, environment, arms control, and trade and finance, assessing the use of non-binding norms in each field and whether such norms engender state compliance with them. The discussion also generally addresses the nature of international law and the role on non-binding norms in the international legal system.

Subjects:
Public International Law
Contents:
Introduction: Law, Non-Law and the Problem of Soft Law
PART I. THE INTERNATIONAL SYSTEM; 1. Normative Development in the International Legal System; 2. Compliance Theories; Choosing to Comply; Beyond Compliance: Helping Nations Cooperate; 3. Challenges to the International Legal System; Economic Interdependence, Globalization and Sovereignty; The Role of Soft Law in the Global Order; 4. Commentary and Conclusions: Compliance with Soft Law
PART II. PERSPECTIVES ON COMPLIANCE WITH NON-BINDING NORMS; 5. The Environment and Natural Resources; The General Assembly Ban on Driftnet Fishing; Pesticides and Chemicals: The Requirement of Prior Informed Consent; Antarctica: Recommended Measures as Nonbinding Norms; Selected Agreements under the Framework of the Convention on Migratory Species; Commentary and Conclusions; 6. Trade and Finance; Money Laundering; Soft Law in a Hybrid Organization: The International Organization for Standardization; The World Bank Operational Standards; Environmental Norms in the Asia-Pacific Economic Cooperation Forum; Commentary and Conclusions; 7. Human Rights; A Hard Look at Soft Law: The Case of the OSCE; International Labor Organization Recommendations and Similar Instruments; Inter-American Human Rights Law, Soft and Hard: What Difference?; Human Rights Codes for Transnational Corporations: The McBride and Sullivan Principles; Commentary and Conclusions; 8. Multilateral Arms Control; Soft Law of the Weapons Control Supplier Groups; Protection of Nuclear Materials; Land Mines; Commentary and Conclusions; 9. Conclusions