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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-tr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hard Law
{{Judicial interpretation 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 consists of international legal obligations arising from established or usual international practices, which are less formal custom ... [...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 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 who, in the afte ... [...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 administr ... [...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. See also * * *Due process *International human rights law International human rights law (IHRL) is the body of international law designed to promote human rights on social, regional, and domestic levels. As a form of international law, international human rights law is primarily made up of treaties, ag ... * Rational basis test Further reading *Gerit BetlemThe Doctrine of Consistent Interpretation—Managing Legal Uncertainty ''Oxford Journal of Legal Studies'', 2002. *Anthony D'AmatoLegal Uncertainty ''California Law Review'', 1983. *Uri WeissThe Regressive Effect of Legal Uncertainty ''The Journal of Dispute Resolution'', 2019. References Legal doctrines and principles {{law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Professional Association
A professional association (also called a professional body, professional organization, or professional society) is a group that 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 business league for tax purposes. In the UK, they may take a variety of legal forms. 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 U ... [...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 tribunal judges in England and 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. Paul Roberts, a legally-trained criminologist who studies forensic sci ... [...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. 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 evidence, tendered a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Climate Change
Present-day climate change includes both global warming—the ongoing increase in Global surface temperature, global average temperature—and its wider effects on Earth's climate system. Climate variability and change, Climate change in a broader sense also includes previous long-term changes to Earth's climate. The current rise in global temperatures is Scientific consensus on climate change, driven by human activities, especially fossil fuel burning since the Industrial Revolution. Fossil fuel use, Deforestation and climate change, deforestation, and some Greenhouse gas emissions from agriculture, agricultural and Environmental impact of concrete, industrial practices release greenhouse gases. These gases greenhouse effect, absorb some of the heat that the Earth Thermal radiation, radiates after it warms from sunlight, warming the lower atmosphere. Carbon dioxide, the primary gas driving global warming, Carbon dioxide in Earth's atmosphere, has increased in concentratio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sustainable Development
Sustainable development is an approach to growth and Human development (economics), human development that aims to meet the needs of the present 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. The aim is to have a society where living conditions and resources meet human needs without undermining planetary integrity. Sustainable development aims to balance the needs of the Economic development, economy, Environmental protection, environment, and society. The Brundtland Report in 1987 helped to make the concept of sustainable development better known. Sustainable development overlaps with the idea of sustainability which is a Normativity, normative concept. Text was copied from this source, which is av ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Economic Law
International economic law is a dynamic and evolving field of international law that governs the regulation and conduct of states, international organizations, and private entities in the global economic landscape. This field encompasses a diverse range of disciplines, including aspects of public international law,SubediInternational Economic Law University of London. private international law, and domestic law applicable to international business transactions, and domestic laws relevant to international business transactions. Overview International economic law is not just a collection of rules but a complex, multifaceted discipline that influences global economic relations. It shapes how states interact in the realms of trade, finance, and development, and sets the legal framework for international business operations. This field has evolved significantly over the years, adapting to the changing dynamics of the global economy. The interdisciplinary nature of international econo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Environmental Law
Environmental laws are laws that protect the environment. The term "environmental law" encompasses treaties, statutes, regulations, conventions, and policies designed to protect the natural environment and manage the impact of human activities on ecosystems and natural resources, such as forests, minerals, or fisheries. It addresses issues such as pollution control, resource conservation, biodiversity protection, climate change mitigation, and sustainable development. As part of both national and international legal frameworks, environmental law seeks to balance environmental preservation with economic and social needs, often through regulatory mechanisms, enforcement measures, and incentives for compliance. The field emerged prominently in the mid-20th century as industrialization and environmental degradation spurred global awareness, culminating in landmark agreements like the 1972 Stockholm Conference and the 1992 Rio Declaration. Key principles include the precautionar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Treaty
A treaty is a formal, legally binding written agreement between sovereign states and/or international organizations that is governed by international law. 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 may be bilateral (between two countries) or multilateral (involving more than two countries). Treaties are among the earliest manifestations of international relations; the first known example is a border agreement between the Sumer, Sumerian city-states of Lagash and Umma around 3100 BC. International agreements were used in some form by most major civilizations and became increasingly common and more sophisticated during the Early modern period, early modern era. The early 19th century saw developments in diplomacy, foreign policy, and international law reflected by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
