Home -> Law Blog Directory -> Academic Blogs -> Legal Theory Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Academic
: Legal Theory BlogShaffer & Pollack on Hard Law & Soft Law in International Security (Link Fixed)
By Lawrence Solum
Gregory Shaffer (University of Minnesota - Twin Cities - School of Law) & Mark A. Pollack (Temple University - Department of Political Science) have posted Hard Versus Soft Law in International Security on SSRN. Here is the abstract:
-
The use and choice of hard and soft law in international governance has been the subject of ever-increasing scholarly interest. This law and social science literature assesses the relative strengths and weaknesses of hard- and soft-law instruments as alternatives for international governance, as well as how these instruments can be combined as mutually reinforcing complements to lead to greater international cooperation over time. By contrast, we argue, hard and soft law can and do operate, under certain conditions, as antagonists. In short, states and non-state actors increasingly use soft law not to "progressively develop" existing hard law, but to undermine it. In our previous scholarship we have demonstrated this antagonistic interaction of hard and soft law in the economic realm, where the international trade system often interacts in antagonistic ways with related areas of international environmental and cultural law. In this Article, we look beyond economic law, examining the interaction of hard and soft legal instruments with respect to two fundamental questions of international security law: (1) the legality of the threat or use of nuclear weapons, and (2) the legality of the use of force in humanitarian intervention under the "responsibility to protect" doctrine. In both cases, states and non-state actors have employed hard and soft law, not as complements in a progressive process of international legal development, but as antagonists, with soft-law pronouncements being used to undermine long-standing hard-law norms. In both cases, the result has been to obscure, rather than to clarify and elaborate, the most fundamental norms of the international legal system.
Full post as published by Legal Theory Blog on March 28, 2011 (boomark / email).
Rightwing Extremism
Current Economic and Political Climate Fueling Resurgence in Radicalization and Recruitment
Dumb Foreign Laws
Stupid Laws of Other Countries
Law Enforcement and Criminal Justice Career Choices
Descriptions of law enforcement occupations
Department of Homeland Security, FBI, and Social Security Administration
allegedly denied social security insurance to disabled and elderly immigrants.
Mexican Style Soft Cheese Recalled
Mexican Style Soft Cheese Recalled due to Possible Listeria Contamination
Fosamax
Possible Link with Esophageal Cancer
BPA
New Study Shows Link to Diabetes and Heart Disease
Remicade, Enbrel, Humira, Cimzia
FDA Investigating Link to Cancers
Social Security Loses Class Action, Will Pay $500 Million in Benefits
Social Security Loses Class Action, Will Pay $500 Million in Benefits

New Faculty Publication from Shaffer
Zuckerman Spaeder Adds Five From Murphy & Shaffer
"Law targeting Shaffer may no longer be enforceable"
Ginsburg and Shaffer on Empirical Work in International Law
Opinio Juris Discussion of Genetically Modified Food









