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Vol 21 No 9 Sept/Oct 2016

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Commitment and Compliance: The Role of Non-binding Norms in the International Legal System New ed

Edited by: Dinah Shelton

ISBN13: 9780199270989
ISBN: 0199270988
Published: October 2003
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback (Hardback in 2000)
Price: £33.99
Hardback edition , ISBN13 9780198298083



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Commitment and Compliance is the first book to evaluate the impact on 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 examine four areas of international law: human rights, the environment, arms control, and trade and finance. For each area, they assess the use of non-binding norms and ask whether such norms engender state compliance. More generally, the discussion also addresses the nature of international law and the role of 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: Theorizing from International Relations and Comparative Politics; Beyond Compliance: Helping Nations Cooperate; 3. Challenges to the International Legal System; Interdependence, Globalization, and Sovereignty: The Role of Non-binding International Legal Accords; The Role of Soft Law in a Global Order; 4. Commentary: Compliance with International 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; The Legal Status and Effect of Antarctic Recommended Measures; Selected Agreements Concluded Pursuant to the Convention on the Conservation of Migratory Species of Wild Animals; Commentary and Conclusions; 6. Trade and Finance; International Efforts against Money Laundering; 'Soft Law' in a 'Hybrid' Organization: The International Organization for Standardization; Policy Guidance and Compliance: The World Bank Operational Standards; Environmental Norms in the Asia-Pacific Economic Cooperation Forum; Commentary: Compliance with Non-binding Norms of Trade and Finance; 7. Human Rights; A Hard Look at Compliance with 'Soft' Law: The Case of the OSCE; International Labor Organization: Recommendations and Similar Instruments; Inter-American Human Rights Law, Soft and Hard; Human Rights Codes for Transnational Corporations: The Sullivan and McBride Principles; Commentary and Conclusions; 8. Multilateral Arms Control; The System of Non-proliferation Export Controls; Protection of Nuclear Materials; International Regulation of Land Mines; Commentary; 9. Conclusions: Understanding Compliance with Soft Law; Editor's Concluding Note: The Role of Non-binding Norms in the International Legal System