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International Environmental “soft law”

The Functions and Limits of Nonbinding Instruments in International Environmental Governance and Law

  • Book
  • © 2013

Overview

Authors:
  1. Jürgen Friedrich

    1. Düsseldorf, Germany

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  • Comprehensive overview, many examples and in-depth case studies provide rich reference material for both practice and research
  • Analysis of functions and limits will enable decision-makers to take more informed decisions on legal form
  • Legitimacy analysis with its specific focus on nonbinding norms provides a new perspective for researchers and gives suggestions for practitioners working in national government, NGOs and international institutions

Part of the book series: Beiträge zum ausländischen öffentlichen Recht und Völkerrecht (BEITRÄGE, volume 247)

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Table of contents (5 chapters)

  1. Front Matter

    Pages I-XXI
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  2. Introduction

    • Jürgen Friedrich
    Pages 1-14

  3. Part 1 Nonbinding instruments in international practice

    • Jürgen Friedrich
    Pages 15-141

  4. Part 2 The functions and limits of nonbinding instruments

    • Jürgen Friedrich
    Pages 143-371

  5. Part 3 The legitimacy of nonbinding instruments

    • Jürgen Friedrich
    Pages 373-441

  6. Part 4 Concluding summary

    • Jürgen Friedrich
    Pages 443-455

  7. Back Matter

    Pages 457-505
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Keywords

About this book

In international negotiations, the question of the design and the legal form of the negotiated instrument is as complex as it is often controversial. Intended as a read for both practitioners and academics, this book provides a comprehensive treatise of the characteristics, the potential and the limits of nonbinding instruments in international environmental law and governance. An extensive overview and typology of nonbinding instruments as well as several case studies from the areas of fisheries (FAO), hazardous substances (UNEP/FAO) and corporate social responsibility (OECD) provide the material for an in-depth analysis of the role of nonbinding instruments on all levels of governance. The book demonstrates the potential but also highlights the limits of nonbinding instruments in the interplay with customary and treaty law (e.g. UNCLOS, WTO) as bases for interinstitutional linkages and as tools to shape the behaviour of states and private actors. Legitimacy challenges arising from this form of exercise of authority are then discussed in the final chapter, alongside with remedies to address possible concerns.

Authors and Affiliations

  • Düsseldorf, Germany

    Jürgen Friedrich

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