Research Handbook on Soft Law

Edited by Mariolina Eliantonio, Professor of European and Comparative Administrative Law and Procedure, Maastricht University, the Netherlands, Emilia Korkea-aho, Professor of European Law and Legislative Studies, University of Eastern Finland, Finland and Ulrika Mörth, Professor of Political Science, Department of Political Science, Stockholm University, Sweden

‘The authors of the Research Handbook on Soft Law took on an enor­mously ambitious task by aiming to bring together a thorough state-of-the-art overview of this body of research and the developments in the field of soft law. Nevertheless, they succeeded marvellously in bringing together an excellent and thought-provoking overview of the research and scope of current thinking in the field of soft law in various academic disciplines. Thereby, the book pro­vides a very rich basis for further research to advance our understanding of soft law. Hence, it constitutes a must-read for academics across various disciplines, lawyers, policy-makers, and many more interested in the use of soft law. [...] The Research Handbook stands out in providing an extensive analysis of the current body of research, offering reflections on the opportuni­ties and challenges that soft law brings about. By viewing soft law from various disciplinary angles, the book truly builds a bridge between academics, practi­tioners, policy-makers, and many more interested in everything soft law.’

• Contents:Introduction to Research Handbook on Soft Law 1PART I DEFINITIONS, HISTORY AND CONTEXT1 Bamboo, or governance through soft law: hybridity, legitimacy, andsustainability 9Francis Snyder2 Soft Law: an historical introduction 30Nils Jansen3 The definition of soft law 42Fabien Terpan4 An economic analysis of soft law as a regulatory tool 55Michael Faure and Niels Philipsen5 Anthropology and soft law 70Filippo M. Zerilli6 Democracy and soft law 86Ulrika MörthPART II DISCIPLINES, REGIMES AND AUTHORITY7 Soft law in European public law 100Bruno De Witte8 Better regulation as soft law 115Claudio M. Radaelli and Gaia Taffoni9 Rules and responsibilities: Business and social norms in transnationalgovernance 131Boris Holzer10 Soft law, technical standards and European private law 144Hans-W. Micklitz11 Soft authority in global governance 161Jan Klabbers12 International standards and the dilution of responsibility 176Ingrid Gustafsson Nordin and Kristina Tamm HallströmPART III ACTORS, INSTITUTIONS AND MAKING OF SOFT LAW13 Soft law and courts: saviours or saboteurs of the rule of (soft) law? 190Mariolina Eliantonio and Emilia Korkea-aho14 EU economic governance, agencies and soft law: an accountabilitychallenge for the courts? 207Jacint Jordana and Joan Solanes Mullor15 Fictions and fuzziness: Soft law rule-making among the EU’sdecentralized agencies 223Steven Vaughan16 Administrative guidance in the United States 237Blake Emerson17 Soft law making at the European Commission: Not much ofa one-institution show 252Oana Stefan18 Beyond norm entrepreneurs: Civil society and the framing of the ‘legal’through soft law 271Rene Urueña and Rafael Tamayo-Álvarez19 The Open Method of Coordination (OMC): A hybrid tool of politicalleverage in the making 287Minna van Gerven and Sabina Stiller20 Studying the EU soft law cycle: the role of domestic factors 303Anne Ausfelder, Adam Eick and Miriam HartlappPART IV CRISES, CHALLENGES AND CHANCES21 Fighting a hard battle with a soft weapon: Is international climatechange law softening? 320Kati Kulovesi and María Eugenia Recio22 Soft law in city regulation and governance 337Astrid Voorwinden and Sofia Ranchordás23 Soft law and citizenship regimes 353Timothy Jacob-Owens and Jo Shaw24 Soft law: Booster or brake for the promotion of gender equality in the EU? 368Birte Böök and Linda Senden25 Soft law and the rule of law crisis 391Joelle Grogan and Clara van Dam26 The role of soft law in the context of the financial crisis 407Alexander H. Türk27 Soft law governance in the field of AI: A European perspective 423Frederik Schade and Mikkel FlyverbomIndex