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International Environmental “soft law” [electronic resource] : The Functions and Limits of Nonbinding Instruments in International Environmental Governance and Law / by Jürgen Friedrich.

By: Friedrich, Jürgen [author.].
Contributor(s): SpringerLink (Online service).
Material type: materialTypeLabelBookSeries: Beiträge zum ausländischen öffentlichen Recht und Völkerrecht, Veröffentlichungen des Max-Planck-Instituts für ausländisches öffentliches Recht und Völkerrecht: 247Publisher: Berlin, Heidelberg : Springer Berlin Heidelberg : Imprint: Springer, 2013Description: XXI, 503 p. online resource.Content type: text Media type: computer Carrier type: online resourceISBN: 9783642449468.Subject(s): Law | Environmental law | Sustainable development | Law | International Environmental Law | Environmental Law/Policy/Ecojustice | International Relations | Sustainable Development | Sources and Subjects of International Law, International OrganizationsDDC classification: 344.046 Online resources: Click here to access online
Contents:
Part I: Nonbinding instruments in international practice -- Part II: The role and limits of nonbinding instruments -- Part III: The legitimacy of nonbinding instruments -- Part IV: Concluding summary.
In: Springer eBooksSummary: 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.
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Part I: Nonbinding instruments in international practice -- Part II: The role and limits of nonbinding instruments -- Part III: The legitimacy of nonbinding instruments -- Part IV: Concluding summary.

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.

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