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Topic: Soft law

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	Vermont Journal of Environmental Law
		Soft law instruments, such as resolutions, recommendations and, declarations, are looked at with great enthusiasm as the means for modifying main rules and principles of the international legal regime.
		While increased use of environmental soft law is not necessarily a precursor to the growing seriousness of international environmental problem-solving, it is still important to provide proper appreciation of the role of soft law in future protection of the environment.
		This ensures that soft law is kept as close as possible to the high end of the spectrum in terms of strengthening the resolve of nations to protect the environment.
	www.vjel.org /articles/articles/ramlogan.html (16850 words)

	Lex Fori International Lawyers. English Soft Law
		In a stricter sense, soft law, drawn up by professionals on their own initiative or in cooperation with consumers or the State, or on the basis of a State authorisation, is a set of instruments applied on a consensual basis; in general, it does not have legal force.
		Soft law is better accepted in areas such as consumer fraud, advertising and the financial sector, and when physical safety and health are not the main concerns.
		The state of the law in Europe concerning services of general interest is not particularly conducive to the development of voluntary rules, with national governments and the new regulators being unwilling, as a rule, to delegate part of their powers to soft law mechanisms.
	www.lexfori.net /soft_law_en.htm (4564 words)

	Commitment and Compliance: (Site not responding. Last check: 2007-10-23)
		Soft laws are legally non-binding instruments that are utilized for a variety of reasons, including to strengthen member commitment to agreements, reaffirm international norms, and establish a legal foundation for subsequent treaties.
		Soft law was perceived as a way to establish a consensus of norms between members of an agreement that could later be codified through binding law.
		Soft law is a way to reaffirm norms and to strengthen the commitment that treaty members have towards complying with a particular treaty, in turn placing more pressure upon members who have not ratified, or complied with a binding agreement.
	www.ceip.org /programs/global/semshelton.htm (1793 words)

	Chapter 11. How can communities use 'soft law" and nonbinding international agreements ?: International Development ...
		Soft law consists of documents that are not directly enforceable in courts and tribunals but that nonetheless have an impact on international relations and, ultimately, international law.
		Soft law is a rapidly developing, though controversial source of international law.The term itself is misleading, as strictly speaking it is not law at all.
		One reason why soft law is of interest stems from the very fact that governmentsundertake moral obligations when they sign such agreements, and some may be influenced by moral suasion.
	www.idrc.ca /ehip/ev-30130-201-1-DO_TOPIC.html (2375 words)

	A Fresh Look at Soft Law
		The difference lies mainly in the parties' wish to model their relationship in a way that excludes the application of treaty or customary law on the consequences of a breach of obligations.
		The introduction of some of the rules of treaty law and general principles of law into that regime may be appropriate.
		This site is part of the Academy of European Law online, a joint partnership of the Jean Monnet Center at NYU School of Law and the Academy of European Law at the European University Institute.
	www.ejil.org /journal/Vol10/No3/art1.html (322 words)

	Hard Choices, Soft Law: Voluntary Standards in Global Trade, Environment and Social Governance.
		The editors, John J. Kirton and Michael J. Trebilcock, use this term to refer to norms and standards that are not legally enforceable and whose legitimacy does not primarily derive from governmental authority.
		Soft law primarily takes place through two instruments: voluntary standards, such as those promulgated by corporations or non-government organizations, and international governmental or quasi-governmental institutions that depend on voluntary compliance and participation by firms or other governments.
		An important advantage of this breadth of coverage is that it permits the reader to appreciate the extensive interaction between private and public regulation, or between soft and hard law.
	www.bsos.umd.edu /gvpt/lpbr/subpages/reviews/kirton-trebilcock605.htm (1050 words)

	Article: Soft Law, Self-Regulation and Co-Regulation in European Law: Where Do They Meet?, vol. 9.1
		Both in the area of social law and of environmental law, it would seem that the way in which co-regulation is given shape does not pose problems in terms of legitimacy and that in fact it may indeed be seen as a contribution thereto.
		Clarification of the concept of soft law is needed because the term 'soft law' is used in many contexts and for a huge variety of instruments.
		However, it may be questioned whether they actually constitute soft law at all, for they do not establish any rules of conduct themselves but only prepare the future adoption thereof in the sense that they are an element in the assessment of their desirability or necessity and possible contents.
	www.ejcl.org /91/art91-3.html (11817 words)

	EnviReform Homepage
		The EU suffers from the drawback of this statute law tradition, in that it tends to over-legislate.
		Soft law approaches are used where some or all EU member states are not ready for formal, binding commitments.
		Thus the OECD and G7, soft law institutions themselves, make things happen in wider rule-making.To sum it up in a single image: hard law is like marriage; soft law combines features of courtship and cohabitation.
	www.envireform.utoronto.ca /conference/nov2001/nicholas-bayne.html (2016 words)

	Law on soft drinks by mid-February
		The law to regulate the Rs 6,000-crore (Rs 60 billion) soft drink market in India, which as of now has little checks and balances, is expected to be finalised by mid-February, sources said.
		The decision to regularise soft drinks sold in India was taken after the Joint Parliamentary Committee submitted its report in Parliament on Wednesday approving the findings of voluntary group Centre for Science and Environment.
		Since the main constituent of soft drinks is water (89 per cent), the industries will now have to use raw water that adheres to the norm of packaged drinking water.
	www.rediff.com /money/2004/feb/06cola.htm (652 words)

	:: Abstract :: (Site not responding. Last check: 2007-10-23)
		In the first part, the relation between soft law and the sources of International Law were analyzed, where it was possible to conclude that soft law can not be considered an autonomous source, according to the terms of the Statute of the International Court of Justice.
		The instruments of soft law, especially those produced during the UN Conferences, were fundamental for changing the behavior towards environment protection, which became a relevant concern for mankind.
		An example of this influence of soft law was demonstrated in the last part of this study, where it is analyzed the reception of the principles of the Rio Declaration by the Constitutions of the State-Parties of MERCOSUL.
	www.ufsm.br /mila/publicacoes/resumos/Abstract108.htm (493 words)

	A Fresh Look at Soft Law
		In the context of an evaluation of the so-called `law-declaring resolutions' of the UN General Assembly, the question of their contribution to the creation of international law has been examined by some authors in the light of their being `soft law'.
		The question, however, of whether `law-declaring resolutions' of the UN General Assembly can create law beyond their contributory role in the formation of customary international law, according to Article 38(I)(b) of the Statute of the ICJ, is a different one.
		that international law in its present state does not attribute to soft law the status of a source of law.
	www.ejil.org /journal/Vol10/No3/art1-12.html (410 words)

	Soft law (Site not responding. Last check: 2007-10-23)
		Some authors classify these instruments under 'soft law', connoting an unclear borderline between law and non-law and, consequently, a gliding bindingness between law and non-law.
		Furthermore, so-called soft law instruments can actually be classified either inside or outside the sphere of international law.
		Therefore, the concept of soft law appears to be superfluous.
	www.xs4all.nl /~ingel/c.ingelse/softlaw.htm (182 words)

	ARCHIVE OF EUROPEAN INTEGRATION - "Resolving Deadlock: Why International Organizations Introduce Soft Law"
		Based on case studies, this paper juxtaposes the inauguration of soft coordination in the OECD, the IMF and the EU during the 1960s, 1970s and 1990s respectively.
		Hence we can obtain a broader view on why soft law was introduced to the EU by also looking at its origins in these organizations. A central argument of this paper is that existing approaches fail to convincingly explain the choice of soft law.
		Before we proceed, we have to clarify the notion of “soft law.” In general, we use it if there are neither binding rules nor sanctions to enforce compliance.
	aei.pitt.edu /3176 (519 words)

	Soft Money Law (Site not responding. Last check: 2007-10-23)
		March 11, 1997 -- The recent allegations of improper fundraising at the White House have centered around "soft money -- political contributions given, not to a specific candidate, but to a political party.
		Soft money is a relatively recent political phenomenon...
		In a conversation with Morning Edition host Bob Edwards, Legal Times reporter Benjamin Wittes says many of the alleged improprieties at the White House may NOT violate the federal soft money regulations.
	www.npr.org /news/national/1997/mar/970311.money.html (84 words)

	US school law forces soft drink contract changes
		The ‘anytime, anywhere' rule is intended to prevent restrictions on the sale and marketing of 100 per cent fluid milk in schools, and specifically ban these sorts of restrictions in exclusive deals schools have with soft drinks giants.
		The law, which forms part of the US Department of Agriculture's (USDA) 2004 Child Nutrition Act, will come in on 21 December, although the comments and proposals for amendments will be allowed until 22 May next year.
		As it stands, all schools must make the necessary changes to their supply contracts with soft drinks firms by the beginning of the 2006-2007 school year.
	beveragedaily.com /news/ng.asp?n=64478-coca-cola-pepsico-soft-drinks (607 words)

	Edward Elgar (Site not responding. Last check: 2007-10-23)
		The new regulatory mode is characterized as a ‘soft law’ framework.
		Soft Law and International Financial Institutions — Issues of Hard and Soft Law from a Lawyer’s Perspective Part II: Governance through Soft Regulation 5.
		Soft Law and Three Notions of Democracy: The Case of the EU Part IV: Meta-Organizations and Soft Law 9.
	www.e-elgar.co.uk /Bookentry_Main.lasso?id=3228 (243 words)

	SSRN-Taking International Soft Law Seriously: Its Implications for Global Convergence in Corporate Governance by ... (Site not responding. Last check: 2007-10-23)
		The normative power of international "soft law" has constantly increased through the activities of various international organizations and the reliance that state practice places on the new form of international legal prescription.
		This article suggests that the national law principles developed in capital exporting (and providing) countries will serve as the predominant model for the convergence of national institutions and regulations, particularly corporate governance institutions and regulation of financial markets, which inevitably supports the convergence-from-competition hypothesis.
		This article argues that the Korean case shows the legitimacy of the normative power of international soft laws in its ability to shape and fulfill the regulatory needs of a globalizing market.
	papers.ssrn.com /paper.taf?abstract_id=267367 (324 words)

	SSRN-'Soft Law,' 'Hard Law,' and European Integration: Toward a Theory of Hybridity by David Trubek, Patrick Cottrell, ... (Site not responding. Last check: 2007-10-23)
		This paper develops a conceptual framework for the analysis of hard and soft law that is drawn in part from recent work in the field of international relations.
		We examine the literature on the role of soft law, noting that scholars have approached this phenomenon in very different ways.
		We deploy this synthesis to analyze the two case studies, employment policy and fiscal policy coordination, exploring the roles that law plays and paying special attention to the operation of hybrid constellations where hard and soft operate in the same policy domain.
	papers.ssrn.com /soL3/papers.cfm?abstract_id=855447 (312 words)

	JURI 4640: International Law I - Class 17: The Soft Law Alternative
		If they were hard law, would they be more likely to be effective?
		The summit was convened by the UN's World Health Organization (WHO), and was attended by representatives of 42 countries, including the United States.
		Among other things, the AIDS Declaration emphasizes the right of those with AIDS to equal protection under the law with regard to access to health care, employment, education, travel, housing and social welfare.
	www.law.uga.edu /~bodansky/courses/International_Law/class17.html (375 words)

	Husband comes home to soft law- The Times of India (Site not responding. Last check: 2007-10-23)
		If you are planning to marry but afraid that your wife-to-be might complain to the cops about cruelty which could land you and your mother in jail after marriage, you can take heart.
		For instance, if there was a chance of reconciliation between the couple later and the wife wanted to return to her husbandâs home, the provision came in the way of their unity.
		The committee submitted 158 recommendations in May to the Union government and a fortnight ago the Union Cabinet discussed the issues which could see major changes in laws regarding gays and lesbians, rapists and child abusers.
	timesofindia.indiatimes.com /articleshow/168007.cms (421 words)

	The Software Legal Book Homepage (Site not responding. Last check: 2007-10-23)
		But an accurate understanding of software law may well prevent litigation -- and save thousands in the process.
		All the up-to-date software law information you need is available by purchasing The Software Legal Book by Paul S. Hoffman.
		Publication was ended with the departure of my long time highly competent office manager - although my active law practice continues.
	soft-law.com (162 words)

	From Soft Law to Hard Law?: Discretion and Rule-making in the Commission's State Aid Regime (ResearchIndex) (Site not responding. Last check: 2007-10-23)
		From Soft Law to Hard Law?: Discretion and Rule-making in the Commission's State Aid Regime
		Abstract: This paper explores the Commission's use of soft law within the EU state aid regime and how its application of informal policy instruments has evolved since the early 1990s.
		It argues that developments over the past decade have led to a "hardening" of the regulatory approach applied within the state aid regime, an evolution which seems to run against a more general EU trend towards soft law and "softer" forms of governance.
	citeseer.ist.psu.edu /476902.html (254 words)

	Law & Legal Soft Skills Course Outline
		Law & Legal Soft Skills Training UK General
		These courses are addressed to those who need at different level to gain some knowledge in Employment and Contract Law.
		Train in your own envirnonment with an expert trainer and you can tailor the topics to your company's needs.
	www.office-it-training.co.uk /law_legal_soft_skills_training.htm (147 words)

	EUROPA - Development - Acquis Communautaire - Soft Law (Site not responding. Last check: 2007-10-23)
		EUROPA - Development - Acquis Communautaire - Soft Law
		EUROPA > European Commission > Development > Legislation > Soft Law >
		Forest Law Enforcement, Governance and Trade (FLEGT) - Proposal for an EU Action Plan
	europa.eu.int /comm/development/body/legislation/softlaw_com_en.htm (1206 words)

	Access to Information: From Soft Law to Hard Law (Site not responding. Last check: 2007-10-23)
		Access to Information: From Soft Law to Hard Law (Agenda) (41K)
		The Justice Initiative is not responsible for, and lays no claim to, materials found on external sites.
		Objective of session: feedback from break-out sessions and discussion aimed at developing an action plan for litigation and advocacy which will contribute to effective implementation of the right of access to information
	www.justiceinitiative.org /db/resource2?res_id=102365 (410 words)

	Find in a Library: Soft law in European Community law
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	worldcatlibraries.org /wcpa/ow/0ee47e704627e0a3a19afeb4da09e526.html (65 words)

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