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Hard Choices, Soft Law

Hard Choices, Soft Law
Author: John J. Kirton
Publisher: Routledge
Total Pages: 414
Release: 2017-03-02
Genre: Law
ISBN: 1351931636

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An important read for academics and policy-makers alike, Hard Choices, Soft Law asserts that voluntary standards, or 'soft' law, are an important supplement to international law in a number of areas. This key work firstly outlines the approach taken to combining soft and hard law and trade, environment and labour values in the WTO and NAFTA, and in the prospective Millennium Round. Then, using the forestry sector - a realm where formal international law remains largely absent - the book provides a detailed examination of the role of soft law in action. It demonstrates how soft and hard law can be combined to promote trade, environmental and social cohesion, in ways that also permit sustainable development. The book presents a wealth of knowledge from a range of contributors familiar with the work of the G7/G8, the OECD, the Biodiversity Convention and the Codex Alimentarius.


Advocating Social Change through International Law

Advocating Social Change through International Law
Author: Daniel Bradlow
Publisher: BRILL
Total Pages: 322
Release: 2019-12-09
Genre: Law
ISBN: 9004417028

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Advocating Social Change through International Law, edited by Professors Daniel Bradlow and David Hunter, explores the use of hard and soft international law in advocating for social change. Using case studies rooted in inter alia human rights, international crimes, environmental protection, public heath, and financial regulation, the book focuses on both state and non-state actors’ strategic choices regarding the use of hard and soft international law in advocating for social change. Looking through the social change lens provides new insights into the interplay between soft and hard international law, the perceived costs and benefits associated with hard and soft international law in different contexts, and the factors affecting the effectiveness of hard and soft approaches to international law.


The Oxford Handbook of United Nations Treaties

The Oxford Handbook of United Nations Treaties
Author: Simon Chesterman
Publisher: Oxford University Press, USA
Total Pages: 737
Release: 2019
Genre: Law
ISBN: 0190947845

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The United Nations is a vital part of the international order. Yet this book argues that the greatest contribution of the UN is not what it has achieved (improvements in health and economic development, for example) or avoided (global war, say, or the use of weapons of mass destruction). It is, instead, the process through which the UN has transformed the structure of international law to expand the range and depth of subjects covered by treaties. This handbook offers the first sustained analysis of the UN as a forum in which and an institution through which treaties are negotiated and implemented. Chapters are written by authors from different fields, including academics and practitioners; lawyers and specialists from other social sciences (international relations, history, and science); professionals with an established reputation in the field; younger researchers and diplomats involved in the negotiation of multilateral treaties; and scholars with a broader view on the issues involved. The volume thus provides unique insights into UN treaty-making. Through the thematic and technical parts, it also offers a lens through which to view challenges lying ahead and the possibilities and limitations of this understudied aspect of international law and relations.


Hard Choices

Hard Choices
Author: Hillary Rodham Clinton
Publisher: Simon and Schuster
Total Pages: 907
Release: 2014-06-10
Genre: Biography & Autobiography
ISBN: 1925030474

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Hillary Rodham Clinton’s inside account of the crises, choices, and challenges she faced during her four years as America’s 67th Secretary of State, and how those experiences drive her view of the future. “All of us face hard choices in our lives,” Hillary Rodham Clinton writes at the start of this personal chronicle of years at the center of world events. “Life is about making such choices. Our choices and how we handle them shape the people we become.” In the aftermath of her 2008 presidential run, she expected to return to representing New York in the United States Senate. To her surprise, her former rival for the Democratic Party nomination, newly elected President Barack Obama, asked her to serve in his administration as Secretary of State. This memoir is the story of the four extraordinary and historic years that followed, and the hard choices that she and her colleagues confronted. Secretary Clinton and President Obama had to decide how to repair fractured alliances, wind down two wars, and address a global financial crisis. They faced a rising competitor in China, growing threats from Iran and North Korea, and revolutions across the Middle East. Along the way, they grappled with some of the toughest dilemmas of US foreign policy, especially the decision to send Americans into harm’s way, from Afghanistan to Libya to the hunt for Osama bin Laden. By the end of her tenure, Secretary Clinton had visited 112 countries, traveled nearly one million miles, and gained a truly global perspective on many of the major trends reshaping the landscape of the twenty-first century, from economic inequality to climate change to revolutions in energy, communications, and health. Drawing on conversations with numerous leaders and experts, Secretary Clinton offers her views on what it will take for the United States to compete and thrive in an interdependent world. She makes a passionate case for human rights and the full participation in society of women, youth, and LGBT people. An astute eyewitness to decades of social change, she distinguishes the trendlines from the headlines and describes the progress occurring throughout the world, day after day. Secretary Clinton’s descriptions of diplomatic conversations at the highest levels offer readers a master class in international relations, as does her analysis of how we can best use “smart power” to deliver security and prosperity in a rapidly changing world—one in which America remains the indispensable nation.


The Oxford Handbook of International Environmental Law

The Oxford Handbook of International Environmental Law
Author: Lavanya Rajamani
Publisher: Oxford University Press
Total Pages: 1104
Release: 2021-08-06
Genre: Law
ISBN: 0192589032

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The second edition of this leading reference work provides a comprehensive discussion of the dynamic and important field of international law concerned with environmental protection. It is edited by globally-recognised international environmental law scholars, Professor Lavanya Rajamani and Professor Jacqueline Peel, and features 67 chapters authored by 76 renowned experts in their fields. The Handbook discusses the key principles underpinning international environmental law, its relevant actors and tools, and rules applying in its substantive sub-fields such as climate law, oceans law, wildlife and biodiversity law, and hazardous substances regulation. It also explores the intersection of international environmental law with other areas of international law, such as those concerned with trade, investment, disaster, migration, armed conflict, intellectual property, energy, and human rights. The Handbook sets its discussion of international environmental law in the broader interdisciplinary context of developments in science, ethics, politics and economics, which inform the way in which environmental rules are made, implemented, and enforced. It provides an introduction to the foundations of international environmental law while also engaging with questions at the frontiers of research, teaching, and practice in the field, including the role of Global South perspectives, the contribution made by Earth jurisprudence, and the growing role of a diverse range of actors from indigenous peoples to business and industry. Like the first edition, this second edition of the Handbook is an essential reference text for all engaged with environmental issues at the international level and the applicable governance and regulatory structures.


The Return of Cultural Artefacts

The Return of Cultural Artefacts
Author: Alper Tașdelen
Publisher: Springer
Total Pages: 227
Release: 2016-09-24
Genre: Law
ISBN: 3319440608

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This book analyses the instruments and approaches offered by public international law to resolve cultural heritage related disputes and facilitate the return of illicitly transferred objects to their countries of origin. In addition to assessing the instruments themselves, their origins, and their advantages and disadvantages, it also examines the roles and interests of the actors involved. Lastly, the book explores the interaction between hard and soft law approaches, the reasons for and importance of this interaction, as well as its consequences.


Legal Validity and Soft Law

Legal Validity and Soft Law
Author: Pauline Westerman
Publisher: Springer
Total Pages: 266
Release: 2018-12-05
Genre: Law
ISBN: 3319775227

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This book features essays that investigate the nature of legal validity from the point of view of different traditions and disciplines. Validity is a fascinating and elusive characteristic of law that in itself deserves to be explored, but further investigation is made more acute and necessary by the production, nowadays, of soft law products of regulation, such as declarations, self-regulatory codes, and standardization norms. These types of rules may not exhibit the characteristics of formal law, and may lack full formal validity but yet may have a very real impact on people's lives. The essays focus on the structural properties of hard and soft legal phenomena and the basis of their validity. Some propose to redefine validity: to allow for multiple concepts instead of one and/or to allow for a gradual concept of validity. Others seek to analyze the new situation by linking it to familiar historical debates and well-established theories of law. In addition, coverage looks at the functions of validity itself. The discussion considers both international law as well as domestic law arrangements. What does it mean to say that something is valid? Should we discard validity as the determining aspect of law? If so, what does this mean for our concept of law? Should we differentiate between kinds of validity? Or, can we say that rules can be "more" or "less" valid? After reading this book, practitioners, scholars and students will have a nuanced understanding of these questions and more. Chapter 6 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.


Getting to Yes

Getting to Yes
Author: Roger Fisher
Publisher: Houghton Mifflin Harcourt
Total Pages: 242
Release: 1991
Genre: Business & Economics
ISBN: 9780395631249

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Describes a method of negotiation that isolates problems, focuses on interests, creates new options, and uses objective criteria to help two parties reach an agreement.


Soft Law in Governance and Regulation

Soft Law in Governance and Regulation
Author: Ulrika Mörth
Publisher: Edward Elgar Publishing
Total Pages: 248
Release: 2004
Genre: Law
ISBN:

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A rising interdependence among the members of international society and of global civil society has led to an increasing demand for governance without government. The new regulatory mode is characterized as a 'soft law' framework. The contributors to this book define soft law in terms of legally non-binding rules, such as recommendations, codes of conduct and declarations, though they acknowledge the difficulty sometimes faced in differentiating between hard and soft law, whose boundaries are, in practice, often blurred. Focussing largely on the European experience, the book shows how soft law in the EU has become an important regulatory tool in traditional policy areas, like state aid, and in new policy areas, especially within EU's employment policy. It also extends the analysis to the international stage, arguing that international institutions, such as the OECD, the UN, the IMF and the World Bank, have for decades used soft law as a means, indeed their only means, of regulating international agreements. Comparisons between the two arenas are then drawn and indicate very different roles for soft law. This book will appeal to scholars of European law and politics as well as those involved with or interested in the policy implications of this mode of governance.


The 48 Laws of Power

The 48 Laws of Power
Author: Robert Greene
Publisher: Penguin
Total Pages: 481
Release: 2023-10-31
Genre: Self-Help
ISBN: 0670881465

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Amoral, cunning, ruthless, and instructive, this multi-million-copy New York Times bestseller is the definitive manual for anyone interested in gaining, observing, or defending against ultimate control – from the author of The Laws of Human Nature. In the book that People magazine proclaimed “beguiling” and “fascinating,” Robert Greene and Joost Elffers have distilled three thousand years of the history of power into 48 essential laws by drawing from the philosophies of Machiavelli, Sun Tzu, and Carl Von Clausewitz and also from the lives of figures ranging from Henry Kissinger to P.T. Barnum. Some laws teach the need for prudence (“Law 1: Never Outshine the Master”), others teach the value of confidence (“Law 28: Enter Action with Boldness”), and many recommend absolute self-preservation (“Law 15: Crush Your Enemy Totally”). Every law, though, has one thing in common: an interest in total domination. In a bold and arresting two-color package, The 48 Laws of Power is ideal whether your aim is conquest, self-defense, or simply to understand the rules of the game.