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.
Table of Contents
Part I: The Legal Doctrine and Soft Law
2. Soft Law in the State Aid Policy Area
3. The Court and Soft Law: Who's Afraid of the EU Fundamental Rights Charter?
4. Soft Law and International Financial Institutions - Issues of Hard and Soft Law from a Lawyer's Perspective
Part II: Governance Theories of Regulation
5. Between Deliberation and Discipline: Soft Governance in EU Employment Policy
6. OECD Governance through Soft Law
7. Emergent Cross-Sectional Soft Regulations: Dynamics at Play in the Global Compact Initiative
Part III: Democracy and Soft Law
8. Soft Law and Three Notions of Democracy: The Case of the EU
Part IV: Multi Organisations and Soft Data
9. Soft Regulation from an Organizational Perspective