Soft Law, Hard Law, and Effective Implementation of International Environmental Norms
Bibliographic Data
| ID | 12754151 |
|---|---|
| Authors | Jon Birger Skjærseth (0000-0003-3655-0314, Miles College, corresponding author), Olav Schram Stokke (0000-0001-7083-3882, Miles College), Jørgen Wettestad (0000-0001-7634-9127, Miles College) |
| Year | 2006 |
| Volume | 6 |
| Issue | 3 |
| Pages | 104-120 |
| Publication date | 2006-07-20 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Global Environmental Politics (JOURNAL) |
| Journal identifiers | ISSN: 1526-3800 • E-ISSN: 1536-0091 |
| Publisher | The MIT Press (PUBLISHER • US) |
| DOI | 10.1162/glep.2006.6.3.104 |
| OpenAlex | W2155615501 |
| Language | EN |
| Citations received | 37 |
| References cited | 8 |
The article compares the interplay between soft law institutions and those based on hard law in international efforts to protect the North Sea, reduce transboundary air pollution, and discipline fisheries subsidies. Our cases confirm that ambitious norms are more easily achieved in soft law institutions than in legally binding ones, but not primarily because they bypass domestic ratification or fail to raise concerns for compliance costs. More important is the greater flexibility offered by soft law instruments with respect to participation and sectoral emphasis. Second, ambitious soft law regimes put political pressure on laggards in negotiations over binding rules, but this effect is contingent on factors such as political saliency and reasonably consensual risk and option assessment. Third, hard-law instruments are subject to more thorough negotiation and preparation which, unless substantive targets have been watered down, makes behavioral change and problem solving more likely. Finally, although most of the evidence presented here confirms the implementation edge conventionally ascribed to hard law institutions, the structures for intrusive verification and review that provide part of the explanation can also be created within soft law institutions
Compliance (psychology · Economics · Environmental law · Flexibility (engineering · Hard law · International law · Law and economics · Mediation · Municipal law · Negotiation · Political science · Politics · Ratification · Soft law · Subsidy · International Arbitration and Investment Law · International Environmental Law and Policies · International Maritime Law Issues · Law · Psychology · Social Psychology
Responsible Research and Innovation
Transnational Climate Change Governance
The Private Regulation of Global Corporate Conduct
Effectiveness of international environmental regimes
The impact of climate summits
The Environment and International Relations
Implementing Multilateral Environmental Agreements
When Ambiguity in Treaty Design Becomes Destructive
Compliance with International Norms
When implementation works
UNFCCC and the Redd+ Partnership from a networked governance perspective
The interim Redd+ Partnership
Transformation of the global governance in the cocoa sector with three characteristics
Nudging the Impasse? Lessons From the Nationwide Online Wolf Management Forum in Finland
Do Binding Beat Nonbinding Agreements? Regulating International Water Quality
Rights, equity and justice
El derecho internacional y los ODS
Easier signed than done
Changing Me Softly
The greening of European water policy, experimental governance and policy learning
Why negotiate a legally binding mercury convention
The interaction of international institutions from a social network perspective
Implementation of the Strategic Approach to International Chemicals Management in Cambodia
The self-selection of democracies into treaty design
Exploring the consequences of soft law and hard law
Effective governance of transnational adaptation initiatives
The effectiveness of soft law in international environmental regimes
Environmental-agreement design and political ideology in democracies
Friendly neighbor or Trojan Horse? Assessing the interaction of soft law initiatives and the UN climate regime
Regime interplay in Arctic shipping governance
Environmental agreement under the non-interference principle
Interaction Management by Partnerships
The cost of doing business”
Turning the tide or surfing the wave? Responsible Research and Innovation, fundamental rights and neoliberal virtues
Legal Traditions and Nonbinding Commitments
Paving the way for farm animal welfare in international relations
The 1979 Convention on Long-Range Transboundary Air Pollution
When Ambiguity in Treaty Design Becomes Destructive
The Concept of Regime `Effectiveness
Paths to Compliance
The politics of international regime formation
On compliance
Hard and Soft Law in International Governance
Is the good news about compliance good news about cooperation
Understanding the Effectiveness of EU Environmental Policy
| Unique citing works | 37 |
|---|---|
| Citations per year | 1,95 |
| Citation span | 2007 - 2024 (18) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 37 |