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Are Obligations Related to Information Exchange Still Needed?
Exploring the Choice between Hard and Soft International Law
The Yearbook of International Disaster Law aims to represent a hub for critical debate in this emerging area of research and policy and to foster the interest of academics, practitioners, stakeholders and policy-makers on legal and institutional issues relevant to all forms of natural, technological and human-made hazards. This Yearbook primarily addresses the international law dimension of relevant topics, alongside important regional and national dimensions relevant for further development of legal and policy initiatives.

Volume One features a thematic section on the Draft Articles of the ILC on the “Protection of Persons in the Event of Disasters” as well as a general selection of articles, and an international and regional review of International Disaster Law in Practice, plus book reviews and bibliography.

The Yearbook is also available online. To learn more about the online version, please click here.
The Yearbook is also available online. To learn more about the online version, please click here.

The Yearbook of International Disaster Law aims to represent a hub for critical debate in this emerging area of research and policy and to foster the interest of academics, practitioners, stakeholders and policy-makers on legal and institutional issues relevant to all forms of natural, technological and human-made hazards. This Yearbook primarily addresses the international law dimension of relevant topics, alongside important regional and national dimensions relevant for further development of legal and policy initiatives.

Volume One features a thematic section on the Draft Articles of the ILC on the “Protection of Persons in the Event of Disasters” as well as a general selection of articles, and an international and regional review of International Disaster Law in Practice, plus book reviews and bibliography.

Abstract

This chapter provides a detailed discussion of hard and soft international law in three case studies pertaining to children’s rights in the criminal justice system. The first tells the story of how a gap in the Convention on the Rights of the Child (crc) pertaining to children of imprisoned parents has been filled through borrowing from regional charters, general comments, resolutions and jurisprudence. The second case study is about the minimum age of criminal responsibility. Again, a weak area in the crc, bolstered through a General Comment which had good and bad effects, leading to a new wave of debates about how to approach the minimum age question. The final case study tells the surprising story of the use of the crc by the U.S. Supreme Court to outlaw the death penalty and limit life without parole for offenders who were children at the time of the offence—this despite the fact that the United States remains the only country in the world that has not ratified the crc.

In: Advocating Social Change through International Law
In: Governance of Offshore Freshwater Resources

Abstract

This chapter consists of three parts. The first part answers the seven questions posed in chapter 1 about the nature and relationship between hard and soft international law. It also includes a review of the lessons learned from the case studies about the seven questions. The second part is a discussion of some issues that arise from this review. The third part is a conclusion.

In: Advocating Social Change through International Law

Abstract

This chapter explores the evolution of the commitments to reduce greenhouse gases under the global climate change regime and the associated struggle with whether these mitigation commitments should be binding. Although in theory all stakeholders favored binding mitigation commitments, the trade-off has become increasingly clear in terms of participation (whether the United States or China, for example would remain in a binding instrument) and substantive strength of the commitments. The recent adoption of nationally-determined (voluntary) commitments in the binding 2015 Paris Agreement resolved this tension with an interesting hybrid of interlocking soft substantive mitigation commitments nestled in a hard law regime of reporting and verification.

In: Advocating Social Change through International Law