Download This PaperExploring the Relationship between Hard and Soft International Law and Social Change
Advocating Social Change Through International Law: Exploring the Choice Between Hard and Soft International Law, D.D. Bradlow and D. B. Hunter (eds) (Koninklijke Brill NV 2020)
12 Pages Posted: 15 Jun 2020 Last revised: 16 Oct 2020
Date Written: June 19, 2019
Abstract
This chapter is the introductory chapter in a book on how both state and non-state actors and their lawyers use hard and soft international law in advocating for social change.
Both non-state and state actors understand that, sometimes working together and sometimes apart, they can use international forums and a variety of international instruments to drive social change. For example, some corporations and industry associations advocate for international standards to support a globalized market for their products or goods. Networks of national regulatory authorities collaborate to develop international standards for dealing with common problems that they cannot effectively regulate at a domestic level. These standards harmonize their approach, fill gaps, or overcome perceived weaknesses in national regulatory frameworks. Similarly, advocacy groups may participate in international forums to promote their view of the appropriate standard applicable to, for example, public health, environmental protection, or the rights of workers, children, or people with disabilities. These efforts can catalyze governments to adopt higher international standards, whether or not expressed in treaties, strengthen domestic regulations, identify minimum safeguards as a floor for activities, or take actions to demonstrate proof of concept for higher standards.
This reality challenges both state and non-state actors and their legal advisors to think strategically about how they can use international forums, their relations with other international actors including states, and either hard or soft international law most effectively to advance their interests or normative priorities which may include reaching the agreements needed to preserve the status quo. The purpose of this book is to help these actors and their legal advisers assess how they can use hard and soft international law to identify and pursue their opportunities on the international stage.
Keywords: public international law, hard international law, soft international law, source of international law, international economic law, international human rights law, international environmental law,.
JEL Classification: K33
Suggested Citation: Suggested Citation
American University - Washington College of Law ( email )
International Legal Studies Program
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HOME PAGE: http://www.wcl.american.edu/faculty/bradlow/index.
David B. Hunter
American University - Washington College of Law ( email )
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Washington, DC 20016
United States