Advocating Social Change through International Law

Exploring the Choice between Hard and Soft International Law

Advocating Social Change through International Law, edited by Professors Daniel Bradlow and David Hunter, explores the use of hard and soft international law in advocating for social change. Using case studies rooted in inter alia human rights, international crimes, environmental protection, public heath, and financial regulation, the book focuses on both state and non-state actors’ strategic choices regarding the use of hard and soft international law in advocating for social change. Looking through the social change lens provides new insights into the interplay between soft and hard international law, the perceived costs and benefits associated with hard and soft international law in different contexts, and the factors affecting the effectiveness of hard and soft approaches to international law.

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Daniel D. Bradlow, is SARCHI Professor of International Development Law and African Economic Relations, University of Pretoria; Professor Emeritus, American University Washington College of Law. He has published on international legal aspects of IFIs, finance and human rights, and development.
David B. Hunter is Professor of Law at American University's Washington College of Law. He has authored many articles on international and comparative environmental law and is co-author of International Environmental Law & Policy, now in its fifth edition.
Acknowledgements
List of Abbreviations
Notes on Contributors

1 Introduction: Exploring the Relationship between Hard and Soft International Law and Social Change
Daniel D. Bradlow and David B. Hunter
2 The Softening of Hard Law and the Hardening of Soft Law: an Extended Synopsis
Upendra Baxi
3 Promoting Social Change through Treaties and Customary International Law: the Experience of the Inter-American Human Rights System
Claudio Grossman
4 Children’s Rights: Social Change through the Application of Hard and Soft International Law
Ann Skelton
5 The International Criminal Court and the Use of Hard Law in the Quest for Accountability for Core International Crimes
Angela Mudukuti
6 The Hard Choices in Promoting Environmental Access Rights
Natalia Gomez Peña and David B. Hunter
7 The Hard Choice for Soft Commitments in the Climate Change Regime
David B. Hunter
8 A Turning Point in a Slow Revolution: the who Framework Convention on Tobacco Control
Patricia Anne Lambert
9 Soft International Law and the Promotion of Financial Regulation and Responsibility
Daniel D. Bradlow
10 Levers for and Obstacles to Social Change: Bank Lending, the Law and the Equator Principles
Sheldon Leader and Luis Felipe Yanes
11 Non-Judicial Grievance Mechanisms: Hardening the Soft Law of Corporate Accountability?
Nikki Reisch
12 Hard and Soft International Law and Their Contribution to Social Change: the Lessons Learned
Daniel D. Bradlow and David B. Hunter

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Scholars and practitioners interested in the strategic use of soft and hard international law in responding to modern challenges in global governance.