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Journal articles on the topic 'Hard law'

Author: Grafiati

Published: 4 June 2021

Last updated: 25 July 2025

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1

Lasinski-Sulecki, Krzysztof. "Is Soft Law Making Hard Law Too Hard?" Global Trade and Customs Journal 17, Issue 4 (2022): 171–76. http://dx.doi.org/10.54648/gtcj2022022.

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Soft laws are created for many reasons to serve various purposes. This article focuses on acts of soft law that are adopted to facilitate the process of applying hard law (or complying with it) and to standardize the understanding of international agreements. In the field of customs law, one can point, for instance, to opinions adopted by the World Customs Organisation. The Organisation for Economic Co-operation and Development (the OECD) Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations and the Commentary to the OECD Model Tax Convention on Income and on Capita

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2

Ryan, Cheyney. "The Hard Hand of War." Law and Philosophy 37, no. 3 (2017): 269–87. http://dx.doi.org/10.1007/s10982-017-9319-z.

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3

Weber, Rolf. "Overcoming the hard law/soft law dichotomy in times of (financial) crises." Journal of Governance and Regulation 1, no. 1 (2012): 8–14. http://dx.doi.org/10.22495/jgr_v1_i1_p1.

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Traditional legal doctrine calls for hard law to regulate markets. Nevertheless, in financial markets, soft law has a long tradition, not at least due to the lack of multilateral agreements in this field. On the one hand, the recent financial crisis has shown that soft law does not suffice to avoid detrimental developments; on the other hand, a straight call for hard law would not be able to manage the recognized regulatory weaknesses. Therefore, emphasis should be put on the possibilities of combining hard law and soft law; specific areas allowing realizing such kind of “combination” are orga

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4

Schneider, Carl E. "At Law: Hard Cases." Hastings Center Report 28, no. 2 (1998): 24. http://dx.doi.org/10.2307/3527568.

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5

Zhao, Lijun. "Soft or Hard Law." International Organizations Law Review 11, no. 1 (2014): 172–227. http://dx.doi.org/10.1163/15723747-01101006.

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Historically, international regimes regulating maritime transport have aimed to develop uniform rules. However, these rules are relatively static and have been implemented differently based on different national understandings in a de-centralised, State-based manner. This article argues that greater global uniformity in maritime transport rules could be achieved through the framework of the World Trade Organization (‘wto’). The wto could update these rules dynamically, and could also enforce them. A wto-based negotiating forum could generate substantive, uniform seaborne cargo rules in two way

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6

Craig, Elizabeth. "From soft to hard law?" Focaal 2010, no. 56 (2010): 35–48. http://dx.doi.org/10.3167/fcl.2010.560103.

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This article explores the use of soft law by those involved in the drafting of a Bill of Rights for Northern Ireland, drawing in particular on the author's experiences as legal adviser to the Culture, Identity, and Language Working Group of the Northern Ireland Bill of Rights Forum. The article reflects on the extent to which the Council of Europe's Framework Convention for the Protection of National Minorities 1995 and other relevant international instruments can be considered as forms of international soft law. It then highlights controversies that have arisen in debates over the content and

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7

Ferguson, Lucinda. "Hard divorces make bad law." Journal of Social Welfare and Family Law 39, no. 3 (2017): 364–67. http://dx.doi.org/10.1080/09649069.2017.1344398.

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8

Molloy, T., and T. Graham. "Hard cases and bad law." Trusts & Trustees 17, no. 9 (2011): 803–6. http://dx.doi.org/10.1093/tandt/ttr126.

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9

Brazier, M. "Hard cases make bad law?" Journal of Medical Ethics 23, no. 6 (1997): 341–43. http://dx.doi.org/10.1136/jme.23.6.341.

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10

Maclean, Mavis. "Family law in hard times." Journal of Social Welfare and Family Law 33, no. 4 (2011): 309–10. http://dx.doi.org/10.1080/09649069.2011.632882.

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11

Ezeudu, Martin-Joe. "From a Soft Law Process to Hard Law Obligations." European Journal of Law Reform 16, no. 1 (2014): 104–32. https://doi.org/10.5553/ejlr/138723702014016001006.

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From a Soft Law Process to Hard Law Obligations: The Kimberley Process and Contemporary International Legislative Process Ever since its creation and coming into force in 2003, the Kimberley Process has elicited a number of academic commentaries coming from different backgrounds. Legal scholars who have contributed to the commentaries, simply projected the regulatory regime as an international soft law without further analysis, based on an evaluation of the text of the agreement. This article in contrast, explores its practical effects and the manner of obligations that it imposes on its parti

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12

Dresser, Rebecca. "At Law: Schiavo: A Hard Case Makes Questionable Law." Hastings Center Report 34, no. 3 (2004): 8. http://dx.doi.org/10.2307/3528413.

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13

Lahusen, B. "Vom hard law zum soft law und wieder zurück?" KUR - Kunst und Recht 24, no. 3-4 (2022): 91–97. http://dx.doi.org/10.15542/kur/2022/3-4/3.

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14

McNicol, Suzanne B. "A Hard Look at Holism and Consequentialism in Hard Cases." Federal Law Review 15, no. 3 (1985): 169–205. http://dx.doi.org/10.1177/0067205x8501500302.

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In any field of law … there may arise the rare “landmark” case in which a court, usually a final appellate court, concludes that the circumstances are such as to entitle and oblige it to reassess the content of some rule or set of rules in the context of current social conditions, standards and demands and to change or reverse the direction of the development of the law.1

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15

Patterson, Carol J. "Feature: Hard Cases Make Bad Law." Journal of Management in Engineering 12, no. 3 (1996): 25–28. http://dx.doi.org/10.1061/(asce)0742-597x(1996)12:3(25).

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16

Langille, Brian. "Hard Law Makes Bad Cases: The International Labour Organization (Nervously) Confronts New Governance Institutions." International Journal of Comparative Labour Law and Industrial Relations 32, Issue 4 (2016): 407–23. http://dx.doi.org/10.54648/ijcl2016021.

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The struggle between hard and soft law for the attention of labour lawyers is ongoing and the results are mixed and controversial. The title for this article is a play on the common lawyers’ somewhat dubious saying: ‘hard cases make bad law’. My point is I think a better one: insisting upon hard law when that is neither desirable nor possible is a recipe for bad results in concrete cases. My view is also that this debate about hard and soft law is very unhelpful unless it is placed in the clear light of a good answer to the question ‘what is international labour law for?’. Only when we have un

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17

Junesun Choi. "Selection of Corporate Governance Model - Hard Law vs. Soft Law -." SungKyunKwan Law Review 24, no. 2 (2012): 597–617. http://dx.doi.org/10.17008/skklr.2012.24.2.023.

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18

Olivas, Michael A. "Hard Cases, Hard Times: Reflections on Preparing a Higher Education Law Text." Teaching Education 2, no. 2 (1988): 22–27. http://dx.doi.org/10.1080/1047621880020205.

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19

Skjærseth, Jon Birger, Olav Schram Stokke, and Jørgen Wettestad. "Soft Law, Hard Law, and Effective Implementation of International Environmental Norms." Global Environmental Politics 6, no. 3 (2006): 104–20. http://dx.doi.org/10.1162/glep.2006.6.3.104.

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The article compares the interplay between soft law institutions and those based on hard law in international efforts to protect the North Sea, reduce transboundary air pollution, and discipline fisheries subsidies. Our cases confirm that ambitious norms are more easily achieved in soft law institutions than in legally binding ones, but not primarily because they bypass domestic ratification or fail to raise concerns for compliance costs. More important is the greater flexibility offered by soft law instruments with respect to participation and sectoral emphasis. Second, ambitious soft law reg

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20

Abbott, Kenneth W., and Duncan Snidal. "Hard and Soft Law in International Governance." International Organization 54, no. 3 (2000): 421–56. http://dx.doi.org/10.1162/002081800551280.

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We examine why international actors—including states, firms, and activists—seek different types of legalized arrangements to solve political and substantive problems. We show how particular forms of legalization provide superior institutional solutions in different circumstances. We begin by examining the baseline advantages of “hard” legalization (that is, precise, legally binding obligations with appropriate third-party delegation). We emphasize, however, that actors often prefer softer forms of legalization (that is, various combinations of reduced precision, less stringent obligation, and

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21

Boehmer, Charles, and Renato Corbetta. "Hard International Law-Contributing Organizations as Networks." Peace Economics, Peace Science and Public Policy 22, no. 4 (2016): 413–26. http://dx.doi.org/10.1515/peps-2016-0031.

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AbstractThis paper explores the networks that intergovernmental organizations (IGOs) create in the international system and explore how states relate to each other in such networks. It focuses in particular on the network of IGOs that act as creators of and agents for hard international law. We introduce new data that allows us to investigate which institutional traits and functions are most closely related to IGOs’ contribution to the implementation and enforcement of informal international law. We map out and explore the network of “highly legalized” IGOs for the years 1980–2005 as well as t

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22

DeBenedictis, Erik P. "Moore's Law: A Hard Act to Follow." Computer 52, no. 12 (2019): 114–17. http://dx.doi.org/10.1109/mc.2019.2941719.

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23

Strzałka, Dominik, and Piotr Szurlej. "Power-Law Distributions in Hard Drive Behavior." Journal of Software Engineering and Applications 04, no. 12 (2011): 710–17. http://dx.doi.org/10.4236/jsea.2011.412083.

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24

Cominetti, Marta, and Peter Seele. "Hard soft law or soft hard law? A content analysis of CSR guidelines typologized along hybrid legal status." uwf UmweltWirtschaftsForum 24, no. 2-3 (2016): 127–40. http://dx.doi.org/10.1007/s00550-016-0425-4.

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25

BUCZYNSKI, Wojtek, Felix STEFFEK, Fabio CUZZOLIN, Mateja JAMNIK, and Barbara SAHAKIAN. "Hard Law and Soft Law Regulations of Artificial Intelligence in Investment Management." Cambridge Yearbook of European Legal Studies 24 (December 2022): 262–93. http://dx.doi.org/10.1017/cel.2022.10.

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AbstractArtificial Intelligence (‘AI’) technologies present great opportunities for the investment management industry (as well as broader financial services). However, there are presently no regulations specifically aiming at AI in investment management. Does this mean that AI is currently unregulated? If not, which hard and soft law rules apply?Investments are a heavily regulated industry (MIFID II, UCITS IV and V, SM&CR, GDPR etc). Most regulations are intentionally technology-neutral. These regulations are legally binding (hard law). Recent years saw the emergence of regulatory and ind

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26

Pečarič, Mirko. "Soft Law – The Intermediate Stage Between Freedom and Control." DANUBE 13, no. 1 (2022): 42–66. http://dx.doi.org/10.2478/danb-2022-0004.

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Abstract The soft law is placed on a scale between freedom and control, autonomy, and hard law. At first sight, it falls short of building elements known in the legal principles of law, like transparency, certainty, and predictability, but on the other hand, it is needed to address areas where complexity reigns, where flexibility is needed, where hard law is too hard, invasive, and inappropriate to achieve more distant goals. As soft law can have not only practical but also legal effects, this paper analyses the basic elements of soft law, its practice in the US, France, and the EU and gives p

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27

Kocher, Eva. "Private Standards between Soft Law and Hard Law: The German Case." International Journal of Comparative Labour Law and Industrial Relations 18, Issue 3 (2002): 265–80. http://dx.doi.org/10.54648/5100074.

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Codes of Conduct or private standards by transnational enterprises on the compliance of social minimum standards in production have a legal character, although they are usually not meant to be legally binding. Their legal character derives from their integration into private contracts on the one hand, and from the legal context of competition and consumer law on the other. We can realize this when we, for example, take a closer look at the German legal context. Legal theory should accept these private standards as a way of broadening the public debate over regulation of economic activity into

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28

Harris, Cheryl I., Lani Guinier, and Gerald Torres. "Mining in Hard Ground." Harvard Law Review 116, no. 8 (2003): 2487. http://dx.doi.org/10.2307/1342769.

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29

Barnard, Catherine. "A Hard Day's Work." Cambridge Law Journal 56, no. 1 (1997): 43–46. http://dx.doi.org/10.1017/s0008197300017694.

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30

Pfeifer, Guido. "(No) Hard Feelings!" Rechtsgeschichte - Legal History 2019, no. 27 (2019): 296–97. http://dx.doi.org/10.12946/rg27/296-297.

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31

Holzhauer, Peter. "Old habits die hard." Deutsche Zeitschrift für Onkologie 55, no. 02 (2023): 45. http://dx.doi.org/10.1055/a-2039-4015.

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Dieser Song, dessen Titelzeile gerade meine Gedanken und Gefühle beschäftigen, stammt aus dem Kinofilm Alfie. Mick Jagger schrieb die Lyrics und Jude Law spielte die Hauptrolle. Der gar nicht so bekannte Song gewann 2004 immerhin den Golden Globe Award.

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32

Ryan, Carly. "Hard Truths: Libel by Implication Doctrine and the Need for a Uniform Standard." University of Michigan Journal of Law Reform, no. 57.1 (2024): 229. http://dx.doi.org/10.36646/mjlr.57.1.hard.

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Since the inception of the tort of libel, claims against the media have created a tension between the First Amendment’s commitment to a free press and the desire to prevent reputational harm to individuals. Further complicating the issue are cases in which plaintiffs allege that literally true statements are defamatory based on implications created through juxtapositions or omissions of facts. This is known as libel by implication, a tort currently governed by states through a patchwork of varying standards and interpretations. Not only does the lack of uniformity leave journalists without due

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33

Lasiński-Sulecki, Krzysztof. "OECD Guidelines. Between Soft-Law and Hard-Law in Transfer Pricing Matters." Comparative Law Review 17 (December 1, 2014): 64. http://dx.doi.org/10.12775/clr.2014.003.

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34

Kosař, David, and Attila Vincze. "European Standards of Judicial Governance: From Soft Law Standards to Hard Law." Journal für Rechtspolitik 30, no. 4 (2022): 491. http://dx.doi.org/10.33196/jrp202204049101.

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35

Hicks, Lanis L. "Making Hard Choices." Journal of Legal Medicine 32, no. 1 (2011): 27–50. http://dx.doi.org/10.1080/01947648.2011.550825.

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36

Cunningham, Clark D., Judith N. Levi, Georgia M. Green, Jeffrey P. Kaplan, and Lawrence M. Solan. "Plain Meaning and Hard Cases." Yale Law Journal 103, no. 6 (1994): 1561. http://dx.doi.org/10.2307/797094.

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37

Luxton, Peter. "Ethical Investment in Hard Times." Modern Law Review 55, no. 4 (1992): 587–93. http://dx.doi.org/10.1111/j.1468-2230.1992.tb00937.x.

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38

Gyeney, Laura. "Hard and Soft Law in EU’s Integration Policy." Hungarian Yearbook of International Law and European Law 6, no. 1 (2018): 149–75. http://dx.doi.org/10.5553/hyiel/266627012018006001009.

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39

Baccelli, Luca. "Los Derechos Entre Hard Powers Y Soft Law." Soft Power 01, no. 02 (2016): 32–47. http://dx.doi.org/10.17450/150203.

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40

Shahshahani, Sepehr. "Hard Cases Make Bad Law? A Theoretical Investigation." Journal of Legal Studies 51, no. 1 (2022): 133–75. http://dx.doi.org/10.1086/718207.

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41

Tollefson, Jeff. "America's long hard road to climate-change law." Nature 458, no. 7236 (2009): 266–67. http://dx.doi.org/10.1038/458266a.

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42

Doherty, Michael. "Hard law, soft edge? Information, consultation and partnership." Employee Relations 30, no. 6 (2008): 608–22. http://dx.doi.org/10.1108/01425450810910019.

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43

Hinaus, Brad, and Mick Veum. "The Hard Drive: an Experiment for Faraday’s Law." Physics Teacher 40, no. 6 (2002): 339–41. http://dx.doi.org/10.1119/1.1511589.

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44

Burchfield, Bobby R., and Robert K. Kelner. ""Great Cases, Like Hard Cases, Make Bad Law"." Election Law Journal: Rules, Politics, and Policy 3, no. 2 (2004): 211–16. http://dx.doi.org/10.1089/153312904322907739.

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45

Duus-Otterström, Göran. "Betting Against Hard Determinism." Res Publica 14, no. 3 (2008): 219–35. http://dx.doi.org/10.1007/s11158-008-9059-x.

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46

Bakan, Joel C., and D. Dyzenhaus. "Some Hard Questions about the Hard Cases Question." University of Toronto Law Journal 42, no. 4 (1992): 504. http://dx.doi.org/10.2307/825794.

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47

Choudhury, Barnali. "BALANCING SOFT AND HARD LAW FOR BUSINESS AND HUMAN RIGHTS." International and Comparative Law Quarterly 67, no. 4 (2018): 961–86. http://dx.doi.org/10.1017/s0020589318000155.

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AbstractIn the wake of increasing corporate disasters, there has been an urgent need to address the impact of business on human rights. Yet business responsibilities for human rights are mainly voluntary and best understood as ‘soft law’. Recently, however, States have begun negotiations for an internationally binding treaty in this area, suggesting that there is a need to turn to ‘hard law’ to increase the efficacy of business and human rights (BHR) initiatives. This article argues that because soft and hard law concepts are not dichotomous, BHR governance need not become ‘hard law’ to be eff

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48

Bernstein, Jeffrey. "Between a Rock and a Hard Place." Potentia: Journal of International Affairs 2 (October 1, 2010): 23–38. http://dx.doi.org/10.18192/potentia.v2i0.4374.

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The present recurrence of mass atrocity crimes, though shocking, is nothing new. With conflict raging in the Democratic Republic of Congo, Myanmar, Sudan, and elsewhere, why have actors or coalitions outside the authority of the United Nations not emerged to exercise a credible deterrent and halt the bloodshed? Much of the answer lies within the framework of international law. This article seeks to understand whether the law serves as constrainer or enabler of unauthorised humanitarian interventions. I argue that the integrity of international law is best preserved by maintaining the illegalit

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49

Hey, Ellen. "Hard Law, Soft Law, Emerging International Environmental Law and the Ocean Disposal Options for Radioactive Waste." Netherlands International Law Review 40, no. 03 (1993): 405. http://dx.doi.org/10.1017/s0165070x00009645.

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50

McKenna, Brian. "PKI dies hard." Computer Fraud & Security 2004, no. 7 (2004): 3. http://dx.doi.org/10.1016/s1361-3723(04)00084-3.

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