Overview

Commitment and Compliance is the first book to evaluate the impact of 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 norms can 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 look at four subject areas in international law: human rights, environment, arms control, and trade and finance, assessing the use of non-binding norms in each field and whether such norms engender state compliance with them. The discussion also generally addresses the nature of international law and the role on non-binding norms in the international legal system.

Full Product Details

Author:   Dinah Shelton (, Professor of International Law at the University of Notre Dame Law School)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 16.30cm , Height: 3.60cm , Length: 24.20cm
Weight:   0.995kg
ISBN:  

9780198298083

ISBN 10:   0198298080
Pages:   596
Publication Date:   03 August 2000
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

Dinah Shelton: Introduction: Law, Non-Law and the Problem of Soft Law PART I. THE INTERNATIONAL SYSTEM 1: Christine Chinkin: Normative Development in the International Legal System 2: Compliance Theories Peter Haas: Choosing to Comply Richard Bilder: Beyond Compliance: Helping Nations Cooperate 3: Challenges to the International Legal System Wolfgang Reinicke and Jan Martin Witte: Economic Interdependence, Globalization and Sovereignty Mary Ellen OConnell: The Role of Soft Law in the Global Order 4: Jonathan Charney: Commentary and Conclusions: Compliance with Soft Law PART II. PERSPECTIVES ON COMPLIANCE WITH NON-BINDING NORMS 5: The Environment and Natural Resources Donald Rothwell: The General Assembly Ban on Driftnet Fishing Ali Mekour: Pesticides and Chemicals: The Requirement of Prior Informed Consent Christopher Joyner: Antarctica: Recommended Measures as Nonbinding Norms Claire Shine: Selected Agreements under the Framework of the Convention on Migratory Species Alexandre Kiss: Commentary and Conclusions 6: Trade and Finance Beth Simmons: Money Laundering Naomi Roht-Arriaza: Soft Law in a Hybrid Organization: The International Organization for Standardization Laurence Boisson de Chazournes: The World Bank Operational Standards Lyuba Zarsky: Environmental Norms in the Asia-Pacific Economic Cooperation Forum David Wirth: Commentary and Conclusions 7: Human Rights Erika Schlager: A Hard Look at Soft Law: The Case of the OSCE Francis Maupin: International Labor Organization Recommendations and Similar Instruments Douglass Cassel: Inter-American Human Rights Law, Soft and Hard: What Difference? Christopher McCrudden: Human Rights Codes for Transnational Corporations: The McBride and Sullivan Principles Dinah Shelton: Commentary and Conclusions 8: Multilateral Arms Control David Gaultieri: Soft Law of the Weapons Control Supplier Groups Barry Kellman: Protection of Nuclear Materials Richard Williamson: Land Mines Abram Chayes and Dinah Shelton: Commentary and Conclusions 9: Edith Brown Weiss and Dinah Shelton: Conclusions

Reviews

Commitment and Compliance is an impressive collection of studies ... 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 substantial work draws upon no less than twenty-seven authors and co-authors ... [the] result is a work unusually rich in conceptual insight and empirical range: cross-disciplinary, multisectoral, and transgenerational ... the ASIL is to be congratulated for bringing together such a stellar panel of scholars for this significant venture. * The American Journal of International Law, July 2001 *

Commitment and Compliance is an impressive collection of studies ... 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 substantial work draws upon no less than twenty-seven authors and co-authors ... [the] result is a work unusually rich in conceptual insight and empirical range: cross-disciplinary, multisectoral, and transgenerational ... the ASIL is to be congratulated for bringing together such a stellar panel of scholars for this significant venture. The American Journal of International Law, July 2001

Author Information

Dinah Shelton is professor of international law at the University of Notre Dame Law School. She is director of the doctoral program at the Universitys Center for Civil and Human Rights and a Fellow of the Kroc Institute for International Peace Studies.

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