Tracing the Roles of Soft Law in Human Rights by Stephanie LagoutteTracing the Roles of Soft Law in Human Rights by Stephanie Lagoutte

Tracing the Roles of Soft Law in Human Rights

EditorStephanie Lagoutte, Thomas Gammeltoft-Hansen, John Cerone

Hardcover | December 17, 2016

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Soft law increasingly shapes and impacts the content of international law in multiple ways, from being a first step in a norm-making process to providing detailed rules and technical standards required for the interpretation and the implementation of treaties. This is especially true in thearea of human rights. While relatively few human rights treaties have been adopted at the UN level in the last two decades, the number of declarations, resolutions, conclusions, and principles has grown significantly. In some areas, soft law has come to fill a void in the absence of treaty law,exerting a degree of normative force exceeding its non-binding character. In others areas, soft law has become a battleground for interpretative struggles to expand and limit human rights protection in the context of existing regimes.Despite these developments, little attention has been paid to soft law within human rights legal scholarship. Building on a thorough analysis of relevant case studies, this volume systematically explores the roles of soft law in both established and emerging human rights regimes. The book arguesthat a better understanding of how soft law shapes and affects different branches of international human rights law not only provides a more dynamic picture of the current state of international human rights, but also helps to unsettle and critically question certain political and doctrinal beliefs.Following introductory chapters that lay out the general conceptual framework, the book is divided in two parts. The first part focuses on cases that examine the role of soft law within human rights regimes where there are established hard law standards, its progressive and regressive effects, andthe role that different actors play in the incubation process. The second part focuses on the role of soft law in emerging areas of international law where there is no substantial treaty codification of norms. These chapters examine the relationship between soft and hard law, the role of differentactors in formulating new soft law, and the potential for eventual codification.
Stephanie Lagoutte is Senior Researcher at the Danish Institute for Human Rights. She holds a Doctoral degree in law from the University of Paris 1, Pantheon-Sorbonne and a Ph.D. in Law from the University of Aarhus. She has taught and published within the field of European Human Rights Law, including on the reform of the European Cour...
Title:Tracing the Roles of Soft Law in Human RightsFormat:HardcoverDimensions:368 pagesPublished:December 17, 2016Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198791402

ISBN - 13:9780198791409

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Table of Contents

Thomas Gammeltoft-Hansen, Stephanie Lagoutte, and John Cerone: Introduction: Tracing the roles of soft law in human rights1. John Cerone: A taxonomy of soft lawPART 1: Established human rights regimes2. Kasey McCall-Smith: Interpreting international human rights standards - treaty body general comments as a chisel or hammer?3. Ekaterina Yahyaoui Krivenko: The role and impact of soft law on the emergence of the prohibition of violence against women within the context of the CEDAW4. Matyas Bodig: Soft law, doctrinal development and the General Comments of the UN Committee on Economic, Social and Cultural Rights5. Rachel Murray and Debra Long: The role and use of soft law instruments in the African human rights system6. Bruce Oswald: The Copenhagen Process: some reflections concerning soft law7. Peter Vedel Kessing: The use of soft law in regulating armed conflict: from jus in bello to 'soft law in bello'?8. Megan Bradley and Angela Sherwood: Addressing and resolving internal displacement: reflections on a soft law "success story "PART 2: Emerging human rights regimes9. Felipe Gomez Isa: The role of soft law in the progressive development of indigenous peoples' rights10. Leticia Villeneuve: Could the progressive 'hardening' of human rights soft law impair its further expansion? Insights from the UN Declaration of the Rights of Indigenous Peoples11. Stephanie Lagoutte: The UN Guiding Principles on Business and Human Rights - a confusing smart mix of soft and hard international human rights law12. Christoph Good: Mission creeps: the (unintended) re-enforcement of the actor's discussion in international law through the expansion of soft law instruments in the business and human rights nexus13. Anette Faye Jacobsen: Soft law within participation rights: tools in development14. Sally Holt, Zdenka Machnyikova and John Packer: The role of soft law in minority rights protection and diversity management: reflections from practice