Abbott KW, Snidal D (2000) Hard and Soft Law in International Governance. Int Organ 54:421–456 (clg.portalxm.com/library/keytext.cfm?keytext_id=66) KR – As a lawyer, I am concerned about soft law. Law is something that, when the good is definable, is written, with expectations that everyone knows, brings to everyone`s attention and is applied. Soft law is the opposite of all these things. Wonderful concepts in some applications such as CSR or innovation areas with rapid change or climate change, which has an unknown future and no legislative consensus – soft law could help in these areas. In practice, an example would be the Equator Principles used by banks for due diligence. It is a successful application of a group that meets to regulate itself. REACH – EU regulation on chemicals and their safe use is another example. I`m worried about REACH – it`s a very comprehensive and complex structure. The details will not be specified and these details will be in the soft law. In the United States, the laws surrounding the Colorado River – a collection of treaties and opinions of courts, covenants and treaties that distribute water in seven states.
The process progressed in the 1920s and evolved over time through many different writings. In December, they announced adjustments to these allowances. The fundamental problem with flow is that they originally determined the allocation based on what they thought was the norm. However, the amount of water they allocated was essentially flood levels. Well, they know it wasn`t the norm, but it took time to reach a consensus that drought was the norm that came in part from the famous tree ring studies over the past 4 years. That`s what I think of when I think of soft law. Cominetti, M., Seele, P. Hard Soft Law or Soft Hard Law? A content analysis of CSR policies that are typographed along the hybrid legal status. uwf 24, 127–140 (2016).
doi.org/10.1007/s00550-016-0425-4 the WNSF`s New York Lunch Panel focused on the increasing use of voluntary corporate social responsibility (CSR) standards. Voluntary standards are an example of « soft law ». In terms of CSR, these standards meet stakeholders` expectations for environmental and social policies and practices for which companies are held accountable and which become standards in their own right. The role of voluntary principles in promoting CSR is becoming increasingly important as a « social license to operate ». The creation of ISO 26000 is the current effort of an international multi-stakeholder process to develop guidelines on social responsibility principles and best practices, not only for companies, but for all types of organizations. ISO, the International Organization for Standardization, has decided to start developing an International Standard that contains guidelines for social responsibility. The guide will be published in 2010 under the number ISO 26000 and can be used voluntarily. WNSF panelists examined the development and impact of flexible CSR law, how the set of existing standards and corporate positions affect them, and how they in turn influence corporate behaviour. UW – The business sector`s journey through the world of soft hard law is a journey from fighting chaos to accountability and proactive leadership. Wal-Mart`s Lee Scott is an example of such proactive leadership. By committing to reducing energy consumption by 25%, retaining suppliers to higher ethical standards, and providing good health systems for employees at other companies, Wal-Mart has not only shown proactive leadership, but has also delivered on its promises.
By selling millions of compact fluorescent lamps, they made three coal-fired power plants redundant. This is a great unit of action that raises the question: Will the economy solve problems that the government cannot solve? This is a fundamental change – corporations were once the bad guys – that is only limited by draconian laws. Now we expect leadership and activism from them. Historically, the relationship has been that business is good and regulation bad for business – the desire to fight all regulations is changing. What for? Compliance costs? Ignorance of the effects? Tough laws were structured in such a way that they commanded and controlled, imposed fines that only served to confirm the idea that the regulation was bad. Remember, « What`s good for GM is good for the country? » The regulation of social and environmental welfare was perceived as bad because of the cost to the economy, which in turn was bad for society. There was no place for social good in pure capitalism. It was an outdated idea. The revolutionary concept is that the economy now deals with social problems and publicly promises to contribute to the improvement of society and the environment.
For so long, NGOs have been trying to get companies to go beyond compliance. The principles of CERES – ITT is one of the subscribers – have encouraged the beneficial union. Now, ITT goes to NGOs to explore concepts – and understand how NGOs react – and vice versa. This association helps to design ITT strategies and ITT helps NGOs to understand the drivers of the company. The United Nations Global Compact, ISO 26000 and other loosely categorized soft laws are gaining prominence, threatening relevant hard laws in books that have remained unchanged for decades. This deserves our attention. IF – For 16 years, I have been working exclusively in the « Beyond Compliance » niche – which I prefer to call strategic environmental management and sustainable management. Other related concepts include: Triple Bottom Line, CSR and (as the financial sector calls the same package) environmental, social, governance (« ESG »).
If, as Usha mentioned, soft law threatens hard law, it is important to understand that some believe that this is indeed a positive development, while others who are not familiar with these emerging trends feel threatened by it. As Kathy and Usha prepare for this session, we realize that no one knows exactly what the soft law is. In fact, many are of the view that soft law is not a law at all – but rather a set of social norms rather than legal norms. Others distinguish between contract law and non-treaty law, as applied to States where international treaties and agreements are considered stringent, but other declarations such as United Nations General Assembly resolutions are non-binding laws. In this session, we take a different approach to soft law in the context of CSR. What we`re really talking about is change – a transition to sustainability. We have seen rapid changes in business and industry, in legal practice and in the global economy – this is what is driving the development of soft law. In the United States, the transition period can take 30 to 50 years to move towards sustainability. But we can`t do it with the same tools, policies and institutions we have now. What we have seen is a blurring of the boundaries between the public and private sectors. We all know of non-profit organizations that provide services similar to those of for-profit organizations.
In this context, we are witnessing the emergence of non-binding legislation in the form of voluntary standards, codes of conduct, labelling, voluntary reporting and disclosure. The traditional dualistic view of the regulator and the regulated community is no longer enough. Organizations no longer only need regulatory approval, but also a « social permit to work. » With the use of soft law in CSR, we see a much more complex stakeholder dynamic in which multi-stakeholder dialogue and collaborative governance are important. One of the extraordinary aspects of soft law is the role it plays against hard law. It is useful to consider soft law in the context of CSR as a precursor or testing ground for hard law for future regulation; An equally valid perspective is to imagine a continuum from soft to hard law. In the United States, we do not yet know concepts such as self-regulation, private law and co-regulation, but there are already many examples in the EU that we can discuss further, such as EMAS and the Dutch approach to sectoral pacts. .