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Commitment and Compliance : The Role of Non-Binding Norms in the International Legal System - Dinah Shelton

Commitment and Compliance

The Role of Non-Binding Norms in the International Legal System

By: Dinah Shelton (Editor)

Paperback

Published: 1st October 2003
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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.

`Review from previous edition This well presented work is optimistic about future prospects, which should give comfort to us all.' Gavin McFarlane, New Law Journal, Feb 01 `Commitment and Compliance is an impressive collection of studies...which is surely the most significant contribution so far to the literature on the soft-law phenomenon and the associated problem of compliance with nonbinding instruments. Expertly edited by Dinah Shelton, this substantial work draws upon no less than twenty-seven authors and co-authors...[t]he result is a work unusually rich in conceptual insight and empirical range: cross-disciplinary, multisectoral, and transgenerational...' Douglas M. Johnston, The American Journal of International Law, July 2001

Dinah Shelton: Introduction: Law, Non-Law and the Problem of 'Soft Law' PART I. THE INTERNATIONAL SYSTEM 1: Christine Chinkin: Normative Development in the International Legal System 2: Compliance Theories Peter M. Haas: Choosing to Comply: Theorizing from International Relations and Comparative Politics Richard B. Bilder: Beyond Compliance: Helping Nations Cooperate 3: Challenges to the International Legal System Wolfgang H. Reinicke and Jan Martin Witte: Interdependence, Globalization, and Sovereignty: The Role of Non-binding International Legal Accords Mary Ellen O'Connell: The Role of Soft Law in a Global Order 4: Jonathan L. Charney: Commentary: Compliance with International Soft Law PART II. PERSPECTIVES ON COMPLIANCE WITH NON-BINDING NORMS 5: The Environment and Natural Resources Donald R. Rothwell: The General Assembly Ban on Driftnet Fishing Mohamed Ali Mekour: Pesticides and Chemicals: The Requirement of Prior Informed Consent Christopher C. Joyner: The Legal Status and Effect of Antarctic Recommended Measures Claire Shine: Selected Agreements Concluded Pursuant to the Convention on the Conservation of Migratory Species of Wild Animals Alexandre Kiss: Commentary and Conclusions 6: Trade and Finance Beth Simmons: International Efforts against Money Laundering Naomi Roht-Arriaza: 'Soft Law' in a 'Hybrid' Organization: The International Organization for Standardization Laurence Boisson de Chazournes: Policy Guidance and Compliance: The World Bank Operational Standards Lyuba Zarsky: Environmental Norms in the Asia-Pacific Economic Cooperation Forum David A. Wirth: Commentary: Compliance with Non-binding Norms of Trade and Finance 7: Human Rights Erika B. Schlager: A Hard Look at Compliance with 'Soft' Law: The Case of the OSCE Francis Maupin: International Labor Organization: Recommendations and Similar Instruments Douglass Cassel: Inter-American Human Rights Law, Soft and Hard Christopher McCrudden: Human Rights Codes for Transnational Corporations: The Sullivan and McBride Principles Dinah Shelton: Commentary and Conclusions 8: Multilateral Arms Control David S. Gualtieri: The System of Non-proliferation Export Controls Barry Kellman: Protection of Nuclear Materials Richard L. Williamson, Jr.: International Regulation of Land Mines Abram Chayes and Dinah Shelton: Commentary 9: Edith Brown Weiss: Conclusions: Understanding Compliance with Soft Law Dinah Shelton: Editor's Concluding Note: The Role of Non-binding Norms in the International Legal System

ISBN: 9780199270989
ISBN-10: 0199270988
Audience: Professional
Format: Paperback
Language: English
Number Of Pages: 592
Published: 1st October 2003
Publisher: Oxford University Press
Country of Publication: GB
Dimensions (cm): 23.7 x 15.8  x 2.9
Weight (kg): 1.12