Research handbook on soft law / edited by Mariolina Eliantonio (professor of European and comparative administrative law and procedure, Faculty of Law, Maastricht University, the Netherlands), Emilia Korkea-aho (professor of European law and legislative studies, University of Eastern Finland, Finland) and Ulrika Mörth (professor of political science, Department of Political Science, Stockholm University, Sweden).
2023
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Title
Research handbook on soft law / edited by Mariolina Eliantonio (professor of European and comparative administrative law and procedure, Faculty of Law, Maastricht University, the Netherlands), Emilia Korkea-aho (professor of European law and legislative studies, University of Eastern Finland, Finland) and Ulrika Mörth (professor of political science, Department of Political Science, Stockholm University, Sweden).
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Imprint
Northampton : Edward Elgar Publishing, 2023.
Description
1 online resource (470 pages).
Series
Research handbooks in law and politics.
Formatted Contents Note
Contents: Introduction to research handbook on soft law
Part I. Definitions, history and context
1. Bamboo, or governance through soft law: Hybridity, legitimacy, and sustainability / Francis Snyder
2. Soft law: An historical Introduction / Nils Jansen
3. The definition of soft law / Fabien Terpan
4. An economic analysis of soft law as a regulatory tool / Michael Faure and Niels Philipsen
5. Anthropology and soft law / Filippo M. Zerilli
6. Democracy and soft law / Ulrika Mörth
Part II. Disciplines, regimes and authority
7. Soft law in European public law / Bruno De Witte
8. Better regulation as soft law / Claudio M. Radaelli and Gaia Taffoni
9. Rules and responsibilities: Business and social norms in transnational governance / Boris Holzer
10. Soft law, technical standards and European private law / Hans-W. Micklitz
11. Soft authority in global governance / Jan Klabbers
12. International standards and the dilution of responsibility / Ingrid Gustafsson Nordin and Kristina Tamm Hallström
Part III. Actors, institutions and making of soft law
13. Soft law and courts: Saviours or saboteurs of the rule of (soft) law? / Mariolina Eliantonio and Emilia Korkea-aho
14. EU economic governance, agencies and soft law: An accountability challenge for the courts? / Jacint Jordana and Joan Solanes Mullor
15. Fictions and fuzziness: Soft law rule-making among the EU's decentralized agencies / Steven Vaughan
16. Administrative guidance in the United States / Blake Emerson
17. Soft law making at the European commission: Not much of a one-institution show / Oana Stefan
18. Beyond norm entrepreneurs: Civil society and the framing of the 'legal' through soft law / Rene Urueña and Rafael Tamayo-Álvarez
19. The open method of coordination (omc): A hybrid tool of political leverage in the making / Minna van Gerven and Sabina Stiller
20. Studying the EU soft law cycle: The role of domestic factors / Anne Ausfelder, Adam Eick and Miriam Hartlapp
Part IV. Crises, challenges and chances
21. Fighting a hard battle with a soft weapon: Is international climate change law softening? / Kati Kulovesi and María Eugenia Recio
22. Soft law in city regulation and governance / Astrid Voorwinden and Sofia Ranchordás
23. Soft law and citizenship regimes / Timothy Jacob-Owens and Jo Shaw
24. Soft law: Booster or brake for the promotion of gender equality in the eu? / Birte Böök and Linda Senden
25. Soft law and the rule of law crisis / Joelle Grogan and Clara van Dam
26. The role of soft law in the context of the financial crisis / Alexander H. Türk
27. Soft law governance in the field of AI: A European perspective / Frederik Schade and Mikkel Flyverbom
Index.
Part I. Definitions, history and context
1. Bamboo, or governance through soft law: Hybridity, legitimacy, and sustainability / Francis Snyder
2. Soft law: An historical Introduction / Nils Jansen
3. The definition of soft law / Fabien Terpan
4. An economic analysis of soft law as a regulatory tool / Michael Faure and Niels Philipsen
5. Anthropology and soft law / Filippo M. Zerilli
6. Democracy and soft law / Ulrika Mörth
Part II. Disciplines, regimes and authority
7. Soft law in European public law / Bruno De Witte
8. Better regulation as soft law / Claudio M. Radaelli and Gaia Taffoni
9. Rules and responsibilities: Business and social norms in transnational governance / Boris Holzer
10. Soft law, technical standards and European private law / Hans-W. Micklitz
11. Soft authority in global governance / Jan Klabbers
12. International standards and the dilution of responsibility / Ingrid Gustafsson Nordin and Kristina Tamm Hallström
Part III. Actors, institutions and making of soft law
13. Soft law and courts: Saviours or saboteurs of the rule of (soft) law? / Mariolina Eliantonio and Emilia Korkea-aho
14. EU economic governance, agencies and soft law: An accountability challenge for the courts? / Jacint Jordana and Joan Solanes Mullor
15. Fictions and fuzziness: Soft law rule-making among the EU's decentralized agencies / Steven Vaughan
16. Administrative guidance in the United States / Blake Emerson
17. Soft law making at the European commission: Not much of a one-institution show / Oana Stefan
18. Beyond norm entrepreneurs: Civil society and the framing of the 'legal' through soft law / Rene Urueña and Rafael Tamayo-Álvarez
19. The open method of coordination (omc): A hybrid tool of political leverage in the making / Minna van Gerven and Sabina Stiller
20. Studying the EU soft law cycle: The role of domestic factors / Anne Ausfelder, Adam Eick and Miriam Hartlapp
Part IV. Crises, challenges and chances
21. Fighting a hard battle with a soft weapon: Is international climate change law softening? / Kati Kulovesi and María Eugenia Recio
22. Soft law in city regulation and governance / Astrid Voorwinden and Sofia Ranchordás
23. Soft law and citizenship regimes / Timothy Jacob-Owens and Jo Shaw
24. Soft law: Booster or brake for the promotion of gender equality in the eu? / Birte Böök and Linda Senden
25. Soft law and the rule of law crisis / Joelle Grogan and Clara van Dam
26. The role of soft law in the context of the financial crisis / Alexander H. Türk
27. Soft law governance in the field of AI: A European perspective / Frederik Schade and Mikkel Flyverbom
Index.
Summary
"This pioneering Research Handbook provides a comprehensive and in-depth scholarly overview of the field of soft law, exploring the scope of current thinking in the field as well as proposing future pathways for soft law research. Organized into four broad themes, the Research Handbook offers important and unique insights into the dynamic and complex nature of soft law. The first section delves into the conceptual history and development of soft law. Second, the Handbook explores the disciplinary understandings of soft law, examining how scholars from different fields investigate the topic. The third theme focuses on the public and private actors and institutions involved in soft law-making, providing a detailed analysis of the complex relationships that shape soft law. Finally, the fourth theme explores the role of soft law in addressing major global societal challenges, including among others climate change, gender inequality, and the regulation of artificial intelligence. This Research Handbook will be a key resource for students and scholars in constitutional and administrative law, public international law, regulation and governance, public administration and policy, and law and politics. Practitioners and policymakers seeking to better understand the role of soft law in domestic and international law, policy and governance will also find this book beneficial"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Source of Description
Description based on print record.
Location
www
Linked Resources
Alternate Title
Elgaronline.
Language
English
ISBN
9781839101939 (e-book)
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