Commitment and Compliance: The Role of Non-binding Norms in the International Legal System

Paperback | May 10, 2004

EditorDinah Shelton

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Commitment and Compliance is the first book to evaluate the impact on state behaviour of international norms adopted in forms that are not legally binding. The use of such 'soft law' has increased dramatically with the proliferation of international organizations. Whether and how such normscan be used effectively to supplement or substitute for legally binding obligations forms the heart of this discussion.In the study, a project of the American Society of International Law, the authors examine four areas of international law: human rights, the environment, arms control, and trade and finance. For each area, they assess the use of non-binding norms and ask whether such norms engender state compliance.More generally, the discussion also addresses the nature of international law and the role of non-binding norms in the international legal system.

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Commitment and Compliance is the first book to evaluate the impact on state behaviour of international norms adopted in forms that are not legally binding. The use of such 'soft law' has increased dramatically with the proliferation of international organizations. Whether and how such normscan be used effectively to supplement or subst...

Dinah Shelton is Professor of International Law at the University of Notre Dame Law School, USA.

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Format:PaperbackDimensions:586 pages, 9.21 × 6.14 × 1.19 inPublished:May 10, 2004Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199270988

ISBN - 13:9780199270989

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Table of Contents

Dinah Shelton: Introduction: Law, Non-Law and the Problem of 'Soft Law'PART I. THE INTERNATIONAL SYSTEM1. Christine Chinkin: Normative Development in the International Legal System2. Compliance TheoriesPeter M. Haas: Choosing to Comply: Theorizing from International Relations and Comparative PoliticsRichard B. Bilder: Beyond Compliance: Helping Nations Cooperate3. Challenges to the International Legal SystemWolfgang H. Reinicke and Jan Martin Witte: Interdependence, Globalization, and Sovereignty: The Role of Non-binding International Legal AccordsMary Ellen O'Connell: The Role of Soft Law in a Global Order4. Jonathan L. Charney: Commentary: Compliance with International Soft LawPART II. PERSPECTIVES ON COMPLIANCE WITH NON-BINDING NORMS5. The Environment and Natural ResourcesDonald R. Rothwell: The General Assembly Ban on Driftnet FishingMohamed Ali Mekour: Pesticides and Chemicals: The Requirement of Prior Informed ConsentChristopher C. Joyner: The Legal Status and Effect of Antarctic Recommended MeasuresClaire Shine: Selected Agreements Concluded Pursuant to the Convention on the Conservation of Migratory Species of Wild AnimalsAlexandre Kiss: Commentary and Conclusions6. Trade and FinanceBeth Simmons: International Efforts against Money LaunderingNaomi Roht-Arriaza: 'Soft Law' in a 'Hybrid' Organization: The International Organization for StandardizationLaurence Boisson de Chazournes: Policy Guidance and Compliance: The World Bank Operational StandardsLyuba Zarsky: Environmental Norms in the Asia-Pacific Economic Cooperation ForumDavid A. Wirth: Commentary: Compliance with Non-binding Norms of Trade and Finance7. Human RightsErika B. Schlager: A Hard Look at Compliance with 'Soft' Law: The Case of the OSCEFrancis Maupin: International Labor Organization: Recommendations and Similar InstrumentsDouglass Cassel: Inter-American Human Rights Law, Soft and HardChristopher McCrudden: Human Rights Codes for Transnational Corporations: The Sullivan and McBride PrinciplesDinah Shelton: Commentary and Conclusions8. Multilateral Arms ControlDavid S. Gualtieri: The System of Non-proliferation Export ControlsBarry Kellman: Protection of Nuclear MaterialsRichard L. Williamson, Jr.: International Regulation of Land MinesAbram Chayes and Dinah Shelton: Commentary9. Edith Brown Weiss: Conclusions: Understanding Compliance with Soft LawDinah Shelton: Editor's Concluding Note: The Role of Non-binding Norms in the International Legal System

Editorial Reviews

`Commitment and Compliance is an impressive collection of studies...which is surely the most significant contribution so far to the literature on the soft-law phenomenon and the associated problem of compliance with nonbinding instruments. Expertly edited by Dinah Shelton, this substantialwork draws upon no less than twenty-seven authors and co-authors...[t]he result is a work unusually rich in conceptual insight and empirical range: cross-disciplinary, multisectoral, and transgenerational...'Douglas M. Johnston, The American Journal of International Law, July 2001