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Research Handbook on Soft Law

Research Handbook on Soft Law

Author: Mariolina Eliantonio; Emilia Korkea-aho; Ulrika Mörth
Publisher: Edward Elgar Publishing
ISBN: 9781839101922
Published In: November 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 3,068.00

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Contents

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This pioneering Research Handbook provides a comprehensive and in-depth scholarly overview of the field of soft law, exploring the scope of current thinking in the field as well as proposing future pathways for soft law research.

Organized into four broad themes, the Research Handbook offers important and unique insights into the dynamic and complex nature of soft law. The first section delves into the conceptual history and development of soft law. Second, the Handbook explores the disciplinary understandings of soft law, examining how scholars from different fields investigate the topic. The third theme focuses on the public and private actors and institutions involved in soft law-making, providing a detailed analysis of the complex relationships that shape soft law. Finally, the fourth theme explores the role of soft law in addressing major global societal challenges, including among others climate change, gender inequality, and the regulation of artificial intelligence.

This Research Handbook will be a key resource for students and scholars in constitutional and administrative law, public international law, regulation and governance, public administration and policy, and law and politics. Practitioners and policymakers seeking to better understand the role of soft law in domestic and international law, policy and governance will also find this book beneficial.

Introduction to Research Handbook on Soft Law 1

PART I. DEFINITIONS, HISTORY AND CONTEXT

Bamboo, or governance through soft law: hybridity, legitimacy, and

sustainability 9

Francis Snyder

Soft Law: an historical introduction 30

Nils Jansen

The definition of soft law 42

Fabien Terpan

An economic analysis of soft law as a regulatory tool 55

Michael Faure and Niels Philipsen

Anthropology and soft law 70

Filippo M. Zerilli

Democracy and soft law 86

Ulrika Mörth

PART II. DISCIPLINES, REGIMES AND AUTHORITY

Soft law in European public law 100

Bruno De Witte

Better regulation as soft law 115

Claudio M. Radaelli and Gaia Taffoni

Rules and responsibilities: Business and social norms in transnational

governance 131

Boris Holzer

10.

Soft law, technical standards and European private law 144

Hans-W. Micklitz

11.

Soft authority in global governance 161

Jan Klabbers

12.

International standards and the dilution of responsibility 176

Ingrid Gustafsson Nordin and Kristina Tamm Hallström

PART III. ACTORS, INSTITUTIONS AND MAKING OF SOFT LAW

13.

Soft law and courts: saviours or saboteurs of the rule of (soft) law? 190

Mariolina Eliantonio and Emilia Korkea-aho

14.

EU economic governance, agencies and soft law: an accountability

challenge for the courts? 207

Jacint Jordana and Joan Solanes Mullor

15.

Fictions and fuzziness: Soft law rule-making among the EU’s

decentralized agencies 223

Steven Vaughan

16.

Administrative guidance in the United States 237

Blake Emerson

17.

Soft law making at the European Commission: Not much of

a one-institution show 252

Oana Stefan

18.

Beyond norm entrepreneurs: Civil society and the framing of the ‘legal’

through soft law 271

Rene Urueña and Rafael Tamayo-Álvarez

19.

The Open Method of Coordination (OMC): A hybrid tool of political

leverage in the making 287

Minna van Gerven and Sabina Stiller

20.

Studying the EU soft law cycle: the role of domestic factors 303

Anne Ausfelder, Adam Eick and Miriam Hartlapp

PART IV. CRISES, CHALLENGES AND CHANCES

21.

Fighting a hard battle with a soft weapon: Is international climate

change law softening? 320

Kati Kulovesi and María Eugenia Recio

22.

Soft law in city regulation and governance 337

Astrid Voorwinden and Sofia Ranchordás

23.

Soft law and citizenship regimes 353

Timothy Jacob-Owens and Jo Shaw

24.

Soft law: Booster or brake for the promotion of gender equality in the EU? 368

Birte Böök and Linda Senden

25.

Soft law and the rule of law crisis 391

Joelle Grogan and Clara van Dam

26.

The role of soft law in the context of the financial crisis 407

Alexander H. Türk

27.

Soft law governance in the field of AI: A European perspective 423

Frederik Schade and Mikkel Flyverbom

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