The Fuzzy Governance of Soft Hard Law and Hard Soft Law

Please use this identifier to cite or link to this item:

Show full item record

Files Size Format View Description
Mershon_JojarthC_WebEvent_2011-11-01.pdf 174.0Kb PDF View/Open Event Web Page
Mershon_JojarthC_photos_2011-11-01.pdf 196.7Kb PDF View/Open Event Photos

Title: The Fuzzy Governance of Soft Hard Law and Hard Soft Law
Creators: Jojarth, Christine
Contributors: Flemming, Kyle
Keywords: governance
Issue Date: 2011-11-01
Publisher: Ohio State University. Mershon Center for International Security Studies
Series/Report no.: Mershon Center for International Security Studies. Furniss Book Award Speaker Series
Abstract: The increasing prominence of unconventional, cross-border security threats posed by non-state actors is challenging traditional international diplomacy and its most cherished tool: international treaties. Policy-making circles and academia alike often deplore the fact that it is getting ever more difficult to reach international agreements that are legally binding and global in reach. This talk challenges this appraisement on two fronts. For one, I will argue that legal bindingness in itself is a poor predictor of the effectiveness of an agreement’s ability to impact states' behavior. In fact, so-called "hard law" — i.e. legally binding agreements — often turns out to be "soft" in nature as a result of lacking precision and weak compliance mechanisms. For the other, a number of recent non-binding agreements demonstrate that 'soft law" can actually be "hard" in the innovative ways they incorporate an impressive arsenal of tools to effectively expose and sanction non-compliance. This talk draws on cases from the security arena and beyond to highlight the true drivers of effective international cooperation.
Bookmark and Share