legal validity and soft law

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Legal Validity And Soft Law

Author : Pauline Westerman
ISBN : 9783319775227
Genre : Law
File Size : 58. 71 MB
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This book features essays that investigate the nature of legal validity from the point of view of different traditions and disciplines. Validity is a fascinating and elusive characteristic of law that in itself deserves to be explored, but further investigation is made more acute and necessary by the production, nowadays, of soft law products of regulation, such as declarations, self-regulatory codes, and standardization norms. These types of rules may not exhibit the characteristics of formal law, and may lack full formal validity but yet may have a very real impact on people's lives. The essays focus on the structural properties of hard and soft legal phenomena and the basis of their validity. Some propose to redefine validity: to allow for multiple concepts instead of one and/or to allow for a gradual concept of validity. Others seek to analyze the new situation by linking it to familiar historical debates and well-established theories of law. In addition, coverage looks at the functions of validity itself. The discussion considers both international law as well as domestic law arrangements. What does it mean to say that something is valid? Should we discard validity as the determining aspect of law? If so, what does this mean for our concept of law? Should we differentiate between kinds of validity? Or, can we say that rules can be "more" or "less" valid? After reading this book, practitioners, scholars and students will have a nuanced understanding of these questions and more. Chapter 6 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

Legal Validity

Author : Maris Köpcke
ISBN : 9781509904280
Genre : Law
File Size : 29. 85 MB
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Critical human interests are affected on a daily basis by appeal to past decisions deemed to be 'legally valid'. They include statutes, deportation orders, judgments, mortgage contracts, patents and wills. Through the technique of validity, lawyerly reasoning settles morally pressing matters in a way that largely bypasses moral argument. Legal philosophy has paid considerable attention to validity criteria, but it has neglected to explore validity's point: whether, and if so how, the pervasive technique of validity can contribute to a legal system's ability to realise justice and human rights. This book shows that validity can help a political community to foster justice precisely because validity does not primarily turn on moral considerations. Validity serves to both allocate, and limit, a distinct kind of power, a power that is key to forging valuable forms of enterprise and commitment in pursuit of individual and collective self-direction. By entrusting the capacity to decide to those who, in justice, ought to bear it, validity can enable persons and institutions to rally the resources and opportunities that only large-scale behavioural convergence can afford, thereby weaving a fabric of just relationships within the systemic framework of law.

Research Handbook On Fundamental Concepts Of Environmental Law

Author : Douglas Fisher
ISBN : 9781784714659
Genre :
File Size : 88. 70 MB
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The quality and the strength of an environmental legal system is a reflection of the conceptual foundations upon which it is constructed. The Research Handbook on Fundamental Concepts of Environmental Law illuminates key aspects of environmental governance through the lens of their underlying dimensions: for example, the form, structure and language of international, regional and national instruments; the function of norms, objectives and standards; and the relevance of economic analysis and of integrated policy formulation.

Soft Law In European Community Law

Author : Linda Senden
ISBN : 9781841134321
Genre : Law
File Size : 41. 57 MB
Format : PDF
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This book offers the first systematic investigation of the phenomenon of soft law within the framework of the EC (the first pillar of the EU), and its use by the European Commission and Council of Ministers. It focuses upon how soft law fits into the Community legal system, how it is used, and how it relates to Community legislation. Differentiation of the Community instruments, including the instruments of soft law, is often thought to enhance the effectiveness, legitimacy and transparency of the Community. This book asks whether soft law indeed provides a satisfactory alternative to legislation from this perspective and, if so, in what cases and under what conditions. Furthermore, the author asks to what extent the use of soft law implies good governance, and throws fresh light on this very heterogenous phenomenon, by looking at frequently used instruments in many different areas of Community law, such as competition law, state aid, environment, social policy etc., in the process identifying their different characteristics, aims, functions and legal effects. What emerges is that the conditions under which soft law is used may be problematic in relation to increasing the legitimacy, effectiveness and transparency of Community action. This is a work which will interest legal practitioners confronted with the use of soft law in an increasing number of sectors and academics interested in the vexed question of how the increased use of soft law can be justified in a Community legal order built upon the rule of law. It is also critical of developments taking place within the framework of the European Convention and the proposed European Constitution, and goes beyond the immediate problems of soft law to touch upon issues such as competence, legal protection, division of powers between the EC and the Member States, institutional balance, lawmaking by the Community Courts, the scope of Community legal principles and the influence of soft law on the progressive development of both Community and national law.

Sources Of International Law

Author : Martti Koskenniemi
ISBN : 9781351548168
Genre : Law
File Size : 47. 52 MB
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A collection of essays on the various aspects of the legal sources of international law, including theories of the origin of international law, explanation of its binding force, normative hierarchies and the relation of international law and politics.

Computable Models Of The Law

Author : Pompeu Casanovas
ISBN : 9783540855682
Genre : Computers
File Size : 80. 34 MB
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Information technology has now pervaded the legal sector, and the very modern concepts of e-law and e-justice show that automation processes are ubiquitous. European policies on transparency and information society, in particular, require the use of technology and its steady improvement. Some of the revised papers presented in this book originate from a workshop held at the European University Institute of Florence, Italy, in December 2006. The workshop was devoted to the discussion of the different ways of understanding and explaining contemporary law, for the purpose of building computable models of it -- especially models enabling the development of computer applications for the legal domain. During the course of the following year, several new contributions, provided by a number of ongoing (or recently finished) European projects on computation and law, were received, discussed and reviewed to complete the survey. This book presents 20 thoroughly refereed revised papers on the hot topics under research in different EU projects: legislative XML, legal ontologies, semantic web, search and meta-search engines, web services, system architecture, dialectic systems, dialogue games, multi-agent systems (MAS), legal argumentation, legal reasoning, e-justice, and online dispute resolution. The papers are organized in topical sections on knowledge representation, ontologies and XML legislative drafting; knowledge representation, legal ontologies and information retrieval; argumentation and legal reasoning; normative and multi-agent systems; and online dispute resolution.

The Forthcoming Ec Directive On Unfair Commercial Practices

Author : Hugh Collins
ISBN : 9789041122247
Genre : Law
File Size : 76. 95 MB
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To encourage cross-border transactions in the Single Market of the European Community, the Commission has proposed general framework legislation to set general standards that forbid unfair marketing practices towards consumers, thereby increasing consumer confidence when deciding whether or not to shop abroad in the Community, either in person or through modern methods of electronic purchasing through the Internet. The essays in this volume critically examine the proposed Directive that prohibits unfair commercial practices, and in particular they consider the potential legal and economic implications of a legal duty to trade fairly in the context of general contract law, the protection of consumers, and the needs of competition policy. The distinguished authors of these essays, from Finland, Germany, Italy, The Netherlands, Spain, and the United Kingdom, explain the different approaches of national legal systems to the legal regulation of marketing practices, and assess the compatibility of the proposed Directive with national law and its likely success in achieving the promotion of trade in the Single Market. About the authorHugh Collins is Professor of English Law at the London School of Economics. He studied law at Oxford and Harvard. He has published extensively in the field of contract law including The Law of Contract 4th ed (London, Butterworths, 2003), and Regulating Contracts (Oxford, Oxford University Press, 1999).

Annuaire Polonais De Droit International

Author :
ISBN : STANFORD:36105071565100
Genre : International law
File Size : 85. 22 MB
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Osce Yearbook

Author :
ISBN : 3832918817
Genre : National security
File Size : 79. 46 MB
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The OSCE Yearbook 2005 contains a wealth of essays on the Organization for Security and Co-operation in Europe (OSCE), its work, and the participating States. Highlights include several contributions looking back on the 30th anniversary of the Helsinki Final Act, written by individuals who were involved in these events. The OSCE policies of France, Belarus, and the like-minded countries are presented, and there are reports on the OSCE's field operations in Bosnia and Herzegovina, Moldova, Georgia, and Albania. Human dimension topics include diplomatic assurances on the use of torture, the OSCE and customary international law, and election standards and monitoring. As well as reviewing the institutional year, the OSCE Yearbook 2005 looks at the work of the Special Representative on Combating Trafficking in Human Beings, the Office for Democratic Institutions and Human Rights, and OSCE outreach activities. Alongside the usual annexes, the yearbook reprints three recent key documents on OSCE reform: the Final Report and Recommendations of the Panel of Eminent Persons, the joint report of the OSCE Parliamentary Assembly and the Swiss Institute for World Affairs on The Future of the OSCE, and the CORE report Managing Change in Europe.

Evaluating The Effectiveness Of International Refugee Law

Author : M. R. Alborzi
ISBN : 9789004152519
Genre : Law
File Size : 41. 68 MB
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This book is an evaluation of the international response to a major protracted humanitarian situation. As such, it is the first comprehensive account and assessment of the effectiveness of international law in dealing with Iraqi refugees during the regime of Saddam Hussein.

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