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Soft Law
The term ''soft law'' refers to quasi-legal instruments (like recommendations or guidelines) which do not have any legally binding force, or whose binding force is somewhat weaker than the binding force of traditional law. Soft law is often contrasted with hard law. The term ''soft law'' initially emerged in the context of international law, although more recently it has been transferred to other branches of domestic law as well. International law Definition The definition or form of soft law depends on the legal context. In essence, a domestic soft law will look and act differently than an EU or international soft law. In the context of international law, the term 'soft law'' covers such elements as: * Most Resolutions and Declarations of the UN General Assembly * Elements such as statements, principles, code of practice etc.; often found as part of framework treaties; * Action plans (for example, Agenda 21, Financial Action Task Force Recommendations); * Other non-tre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hard Law
{{Use mdy dates, date=January 2019 Hard law refers to actual binding legal instruments and laws. In contrast with soft law, hard law gives States and international actors actual binding responsibilities as well as rights. The term is common in international law where there are no sovereign governing bodies. Hard law means binding laws. To constitute law, a rule, instrument or decision must be authoritative and prescriptive. In international law, hard law includes self-executing treaties or international agreements, as well as customary laws. These instruments result in legally enforceable commitments for countries (states) and other international subjects. Sources of international hard law: * Treaties (also known as conventions or international agreements) *United Nations Security Council Resolutions *Customary International Law Customary international law is an aspect of international law involving the principle of custom. Along with general principles of law and treaties, cu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parliamentary Assembly Of The Council Of Europe
The Parliamentary Assembly of the Council of Europe (PACE) is the parliamentary arm of the Council of Europe, a 46-nation international organisation dedicated to upholding human rights, democracy and the rule of law. The Assembly is made up of 306 members drawn from the national parliaments of the Council of Europe's member states, and generally meets four times a year for week-long plenary sessions in Strasbourg. It is one of the two statutory bodies of the Council of Europe, along with the Committee of Ministers, the executive body representing governments, with which it holds an ongoing dialogue. However, it is the Assembly which is usually regarded as the "motor" of the organisation, holding governments to account on human rights issues, pressing states to maintain democratic standards, proposing fresh ideas and generating the momentum for reform. The Assembly held its first session in Strasbourg on 10 August 1949, embodying at that time the hopes of many Europeans wh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Human Rights Instruments
International human rights instruments are the treaties and other international texts that serve as legal sources for international human rights law and the protection of human rights in general. There are many varying types, but most can be classified into two broad categories: ''declarations'', adopted by bodies such as the United Nations General Assembly, which are by nature declaratory, so not legally-binding although they may be politically authoritative and very well-respected soft law;, and often express guiding principles; and ''conventions'' that are multi-party treaties that are designed to become legally binding, usually include prescriptive and very specific language, and usually are concluded by a long procedure that frequently requires ratification by each states' legislature. Lesser known are some "recommendations" which are similar to conventions in being multilaterally agreed, yet cannot be ratified, and serve to set common standards. There may also be administrat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Certainty
Legal certainty is a principle in national and international law which holds that the law must provide those subject to it with the ability to regulate their conduct. The legal system needs to permit those subject to the law to regulate their conduct with certainty and to protect those subject to the law from arbitrary use of state power. Legal certainty represents a requirement that decisions be made according to legal rules, i.e. be lawful. The concept of legal certainty may be strongly linked to that of individual autonomy in national jurisprudence. The degree to which the concept of legal certainty is incorporated into law varies depending on national jurisprudence. However, legal certainty frequently serves as the central principle for the development of legal methods by which law is made, interpreted and applied. Legal certainty is an established legal concept both in the civil law legal systems and common law legal systems. In the civil law tradition, legal certainty is def ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Professional Association
A professional association (also called a professional body, professional organization, or professional society) usually seeks to advocacy, further a particular profession, the interests of individuals and organisations engaged in that profession, and the public interest. In the United States, such an association is typically a nonprofit organization, nonprofit business league for tax purposes. Roles The roles of professional associations have been variously defined: "A group, of people in a learned occupation who are entrusted with maintaining control or oversight of the legitimate practice of the occupation;" also a body acting "to safeguard the public interest;" organizations which "represent the interest of the professional practitioners," and so "act to maintain their own privileged and powerful position as a controlling body." Professional associations are ill defined although often have commonality in purpose and activities. In the UK, the Science Council defines a profess ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial College
The Judicial College, formerly the Judicial Studies Board (JSB), established in 1979, is the organisation responsible for training judges in county, the Crown, and higher courts in England and Wales and tribunals judges in England & Wales, Scotland and Northern Ireland. This includes the training of magistrates and the chairmen and members of tribunals. The current chairman is Lady Justice Anne Rafferty, DBE. The name changed from Judicial Studies Board to Judicial College on 1 April 2011. An essential element of the philosophy of the Judicial College is that the training of judges and magistrates is under judicial control and direction. A circuit judge, currently Andrew Hatton, is seconded to the Judicial College as Director of Training for Courts. Employment Judge Christa Christensen is seconded as the Director of Training for Tribunals. They are also the Joint Deans of the Faculty of the Judicial College. Roberts, a legally-trained criminologist who studies forensic science ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Expert Witnesses In English Law
The role of expert witnesses in English law is to give explanations of difficult or technical topics in civil and criminal trials, to assist the fact finding process. The extent to which authorities have been allowed to testify, and on what topics, has been debated, and to this end a variety of criteria have evolved throughout English case law. Role Generally, witnesses are not permitted when giving evidence to tender their own opinions as fact. The reason for this is that to allow opinion evidence would be to usurp the fact finding duties of either a jury - in criminal trials - or of the Judge.Keane, p. 524 Thus, a witness is allowed to testify that he saw a suspect waiting on a street corner at a specified time, but not that he believed the suspect 'looked shady', or was 'up to no good'. Such evidence would not only be irrelevant as having little probative value, but could be damaging if accepted by the tribunal as fact. The role of expert witnesses is to give certain evidenc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Climate Change
In common usage, climate change describes global warming—the ongoing increase in global average temperature—and its effects on Earth's climate system. Climate change in a broader sense also includes previous long-term changes to Earth's climate. The current rise in global average temperature is more rapid than previous changes, and is primarily caused by humans burning fossil fuels. Fossil fuel use, deforestation, and some agricultural and industrial practices increase greenhouse gases, notably carbon dioxide and methane. Greenhouse gases absorb some of the heat that the Earth radiates after it warms from sunlight. Larger amounts of these gases trap more heat in Earth's lower atmosphere, causing global warming. Due to climate change, deserts are expanding, while heat waves and wildfires are becoming more common. Increased warming in the Arctic has contributed to melting permafrost, glacial retreat and sea ice loss. Higher temperatures are also causing ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sustainable Development
Sustainable development is an organizing principle for meeting human development goals while also sustaining the ability of natural systems to provide the natural resources and ecosystem services on which the economy and society depend. The desired result is a state of society where living conditions and resources are used to continue to meet human needs without undermining the integrity and stability of the natural system. Sustainable development was defined in the 1987 Brundtland Report as "Development that meets the needs of the present generation without compromising the ability of future generations to meet their own needs".United Nations General Assembly (1987''Report of the World Commission on Environment and Development: Our Common Future'' Transmitted to the General Assembly as an Annex to document A/42/427 – Development and International Co-operation: Environment. As the concept of sustainable development developed, it has shifted its focus more towards the ec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Economic Law
International economic law is an increasingly seminal field of international law that involves the regulation and conduct of states, international organizations, and private firms operating in the international economic arena. As such, international economic law encompasses a broad range of disciplines touching on public international law, private international law, and domestic law applicable to international business transactions. For several decades, international economic law was most often associated with international trade, largely due to the fact that trade had developed the most mature multilateral legal institutions (e.g. the GATT and later WTO) for governing international commerce. Today, however, a range of disciplines are routinely acknowledged as being as impactful and relevant to the field, including: * International monetary law; * International financial regulation (including banking, derivatives, insurance and securities regulation); * International development; * ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Environmental Law
Environmental law is a collective term encompassing aspects of the law that provide protection to the environment. A related but distinct set of regulatory regimes, now strongly influenced by environmental legal principles, focus on the management of specific natural resources, such as forests, minerals, or fisheries. Other areas, such as environmental impact assessment, may not fit neatly into either category, but are nonetheless important components of environmental law. History Early examples of legal enactments designed to consciously preserve the environment, for its own sake or human enjoyment, are found throughout history. In the common law, the primary protection was found in the law of nuisance, but this only allowed for private actions for damages or injunctions if there was harm to land. Thus, smells emanating from pigsties, strict liability against dumping rubbish, or damage from exploding dams. Private enforcement, however, was limited and found to be woefully in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Treaty
A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal persons. A treaty may also be known as an international agreement, protocol, covenant, convention, pact, or exchange of letters, among other terms. However, only documents that are legally binding on the parties are considered treaties under international law. Treaties vary on the basis of obligations (the extent to which states are bound to the rules), precision (the extent to which the rules are unambiguous), and delegation (the extent to which third parties have authority to interpret, apply and make rules). Treaties are among the earliest manifestations of international relations, with the first known example being a border agreement between the Sumerian city-states of Lagash and Umma around 3100 BC. International agreements were used in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
