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In: International Law between Universalism and Fragmentation
In: The Changing Landscape of Global Financial Governance and the Role of Soft Law
In: Beyond Territoriality
In: International Law and Developing Countries
Editors: Friedl Weiss and Armin Kammel
The Changing Landscape of Global Financial Governance and the Role of Soft Law provides interdisciplinary perspectives on the changing landscape of global financial governance by exploring the impact and role of soft law, directly or as a precursor of hard law, pertaining to financial governance. Since the shaping of financial governance impacts national, regional and global levels of regulation, different views and arguments contribute to the ongoing discussions about financial regulation. Against this background, this book brings together perspectives of economists and lawyers who have not rallied to one or the other popular call for more regulation as a panacea for the prevention of future global financial crises, calls which have all but drowned out more nuanced scientific debates. Instead, their analysis of aspects of remedial regulatory policy prescriptions already made or proposed demonstrates that carefully designed soft law can be deployed as a valuable method or tool of mediation between the unrestrained autonomy of dysfunctional markets and overzealously crafted hard law.
The concept of ‘sustainable development’ has attracted considerable attention in recent years and has become of pivotal importance, not only in scientific and political discourse but also, increasingly, in the practice of states and of relevant international organisations.
Since 1992 and within a remarkably short period of time, sustainable development has been endorsed and recognised in a number of instruments of international law. Thus, it is incorporated in various environmental treaties as well as in international fisheries agreements, the 1995 Agreement Establishing the World Trade Organisation (WTO) and EU law. Sustainable development and related concepts also feature in a number of international judicial decisions of the 1990s, for example those of the International Court of Justice and the WTO Appellate Body.
The chapters assembled in this book illustrate various aspects of efforts of policy makers, regional and national interest groups to invoke and rely upon international law for the realisation of the objective of sustainable development. They deal in particular with recent examples of the practice of states and of relevant international organisations, especially in such areas as international trade, foreign investment regulation, human rights and natural resources and waste management. Furthermore, some chapters are dedicated to a review of relevant practice at the regional and national level.
In: The Changing Landscape of Global Financial Governance and the Role of Soft Law