lawanddevelopment.org
exploring the links between law and economic development
Afghan girl with child
Afghan child
Congolese girl
Featured Article

»Soft Law - Hard Compliance The question of compliance with norms is at the heart of the international legal system. Arguably, only rules that are followed have sustained standing in the global community. Codified international law, derived from its traditional sources as defined by the Statute of the International Court of Justice, encourages such commitment through legally binding treaties between parties and judicial organs to punish deviation. However, not only do these treaties leave gaps where compromise could not be found, but they also must often reflect the lowest common denominator between the signatories. Soft Law has increasingly become a remedy for both shortcomings of treaty law. Although often said to be a term redundant in itself, the phrase appropriately describes the numerous non-binding norms that today regulate international processes where no treaty exists. The very softness of these instruments has certain advantages. Parties to such agreements apparently accept more commitment than in a legally binding treaty Ð simply because they can easily be abolished or renegotiated without any negative consequences. The definition process is consequently faster and less controversial than treaty negotiations.

Featured Link

» Centre on Law and Globalization
The Center on Law and Globalization brings together leaders of international organizations, journalists, and legal scholars to understand the legal dimensions of key global issues, to stimulate exchanges on how these issues are addressed, and to advance research and conclusions on major topics in global debates.


Featured Newsfeed

About lawanddevelopment.org lawanddevelopment.org is a unique repository of materials that explore the links between law and global economic development. The materials range from academic papers to the description of practical experience. The linkages between legal issues, such as the 'Rule of Law', Governance, International Treaties and Human Rights conventions, and development are analysed from a variety of perspectives. »more...