eBook International Environmental “soft law”, 1st Edition

  • Published By:
  • ISBN-10: 3642449468
  • ISBN-13: 9783642449468
  • DDC: 344.046
  • Grade Level Range: College Freshman - College Senior
  • 503 Pages | eBook
  • Original Copyright 2013 | Published/Released December 2014
  • This publication's content originally published in print form: 2013
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In international negotiations, the question of the design and the legal form of the negotiated instrument is as complex as it is often controversial. Intended as a read for both practitioners and academics, this book provides a comprehensive treatise of the characteristics, the potential and the limits of nonbinding instruments in international environmental law and governance. An extensive overview and typology of nonbinding instruments as well as several case studies from the areas of fisheries (FAO), hazardous substances (UNEP/FAO) and corporate social responsibility (OECD) provide the material for an in-depth analysis of the role of nonbinding instruments on all levels of governance. The book demonstrates the potential but also highlights the limits of nonbinding instruments in the interplay with customary and treaty law (e.g. UNCLOS, WTO) as bases for interinstitutional linkages and as tools to shape the behaviour of states and private actors. Legitimacy challenges arising from this form of exercise of authority are then discussed in the final chapter, alongside with remedies to address possible concerns.

Table of Contents

Front Cover.
Other Frontmatter: Part I.
Other Frontmatter: Part II.
Title Page.
Copyright Page.
Dedication Page.
Table of Contents.
1: Introduction.
2: Nonbinding Instruments in International Practice.
3: The Functions and Limits of Nonbinding Instruments.
4: The Legitimacy of Nonbinding Instruments.
5: Concluding Summary.
Other Backmatter: Part III.