Soft Law in a Hard Shell

India, International Rulemaking and the International Solar Alliance

Bibliographic Data

ID4610159
AuthorsVyoma Jha (Stanford Medicine, corresponding author)
Year2021
Volume10
Issue3
Pages517-541
Publication date2021-11-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueTransnational Environmental Law (JOURNAL)
Journal identifiersISSN: 2047-1025 • E-ISSN: 2047-1033
PublisherCambridge University Press (CUP) (PUBLISHER)
DOI10.1017/s2047102520000400
OpenAlexW3124496050
LanguageEN
Citations received8
References cited24

This article examines the creation of the International Solar Alliance (ISA), a new international organization led by India and backed primarily by developing countries. Official documents and wide-ranging interviews offer insights into the treaty-making process. Using a political economy approach to the study of international law, the article analyzes politico-legal issues associated with the creation of the ISA. The legal form of the ISA is best described as 'soft law in a hard shell': it uses the legal infrastructure of a treaty while relying on the social structure of participating actors for its future implementation. Empirical evidence suggests that three factors explain the treaty structure of the ISA: India's leadership role in the treaty-making process, the early involvement of non-state actors, and the preference of developing countries for legal form. Ultimately, the case illustrates India's shift towards a leadership role in climate change governance, and the steady emergence of non-state actors in driving climate action

Alliance · Hard law · International law · Law and economics · Political science · Sociology · Soft law · Treaty · Arctic and Russian Policy Studies · International Development and Aid · International Relations and Foreign Policy · Law

Tools

Open DOI