“Where our women used to get the food” Cumulative effects and loss of ethnobotanical knowledge and practice; case study from coastal British Columbia
➤ Gửi thông báo lỗi ⚠️ Báo cáo tài liệu vi phạmNội dung chi tiết: “Where our women used to get the food” Cumulative effects and loss of ethnobotanical knowledge and practice; case study from coastal British Columbia
“Where our women used to get the food” Cumulative effects and loss of ethnobotanical knowledge and practice; case study from coastal British Columbia
38463“Soft Law,” “Hard Law,” and European IntegrationbyDavid M. Trubek, Patrick Cottrell, and Mark NanceUniversity of Wisconsin-Madison1 2In the discu “Where our women used to get the food” Cumulative effects and loss of ethnobotanical knowledge and practice; case study from coastal British Columbiaussion of new governance in the European Union, the concept of “soft law” is often used to describe governance arrangements that operate in place of, or along with, the “hard law” that arises from treaties, regulations, and the Community Method. These new governance methods may bear some similarity “Where our women used to get the food” Cumulative effects and loss of ethnobotanical knowledge and practice; case study from coastal British Columbiato hard law. But because they lack features such as obligation, uniformity, justiciability, sanctions, and/or an enforcement staff, they are classifie“Where our women used to get the food” Cumulative effects and loss of ethnobotanical knowledge and practice; case study from coastal British Columbia
d as “soft law” and contrasted, sometimes positively, sometimes negatively, with hard law as instruments for European integration. This chapter explor38463“Soft Law,” “Hard Law,” and European IntegrationbyDavid M. Trubek, Patrick Cottrell, and Mark NanceUniversity of Wisconsin-Madison1 2In the discu “Where our women used to get the food” Cumulative effects and loss of ethnobotanical knowledge and practice; case study from coastal British Columbiaut "soft law”: it has always played a role in European integration. “Soft law" is a very general term, and has been used to refer to a variety of processes. The only common thread among these processes is that while all have normative content they are not formally binding. Francis Snyder provided th “Where our women used to get the food” Cumulative effects and loss of ethnobotanical knowledge and practice; case study from coastal British Columbiae classic treatment of soft law in the EU in 1994? In his definition, Snyder describes soft law as “rules of conduct which in principle have no legall“Where our women used to get the food” Cumulative effects and loss of ethnobotanical knowledge and practice; case study from coastal British Columbia
y binding force but which nevertheless may have practical effects.” In recent years there has been an increase in1The authors wish to acknowledge the 38463“Soft Law,” “Hard Law,” and European IntegrationbyDavid M. Trubek, Patrick Cottrell, and Mark NanceUniversity of Wisconsin-Madison1 2In the discu “Where our women used to get the food” Cumulative effects and loss of ethnobotanical knowledge and practice; case study from coastal British Columbiaeness of EC Law,” in T Daintith (Ed.) Implementing EC Law In the UK (1995) and KC Wellens and GM Bore hart, "Soft Law in EC Law" (1989) European Law Review 14: 267-321.1https://khothuvien.cori!interest in soft law in the EU. Several studies have appeared recently.3 Several major books that deal with “Where our women used to get the food” Cumulative effects and loss of ethnobotanical knowledge and practice; case study from coastal British Columbia soft law are coming out.4While soft law has drawn increasing attention, it has not received uniform support. Thus in recent years there have been sig“Where our women used to get the food” Cumulative effects and loss of ethnobotanical knowledge and practice; case study from coastal British Columbia
nificant attacks on the use of soft law in various settings. Objections to the use of soft law in the EƯ include:•It lacks the clarity and precision n38463“Soft Law,” “Hard Law,” and European IntegrationbyDavid M. Trubek, Patrick Cottrell, and Mark NanceUniversity of Wisconsin-Madison1 2In the discu “Where our women used to get the food” Cumulative effects and loss of ethnobotanical knowledge and practice; case study from coastal British Columbia can only be offset if equally hard provisions are added to promote social objectives;•Soft law cannot forestall races to the bottom in social policy within the EU;•Soft law cannot really have any effect but it is a covert tactic to enlarge the Union’s legislative hard law competence;•Soft law is a “Where our women used to get the food” Cumulative effects and loss of ethnobotanical knowledge and practice; case study from coastal British Columbiadevice that is used to have an effect but it by-passes normal systems of accountability;•Soft law undermines EU legitimacy because it creates expectat“Where our women used to get the food” Cumulative effects and loss of ethnobotanical knowledge and practice; case study from coastal British Columbia
ions but cannot bring about change.53D Trubek and L Trubek, "Hard and Soft Law in the Construction of Social Europe: the Role of the Open Method of Co38463“Soft Law,” “Hard Law,” and European IntegrationbyDavid M. Trubek, Patrick Cottrell, and Mark NanceUniversity of Wisconsin-Madison1 2In the discu “Where our women used to get the food” Cumulative effects and loss of ethnobotanical knowledge and practice; case study from coastal British Columbiad.) Soft Law and Governance and Regulation: An Interdisciplinary Analysts (Cheltenham, Edward Elgar. 2004); c Joerges and F Rodl. “‘Social Market Economy' as Europe’s Social Model?” (2004) EUI Working Paper LAW 2004’8; D Chalmers and M Lodge, “The OMC and the European Welfare State” (2003) Economic “Where our women used to get the food” Cumulative effects and loss of ethnobotanical knowledge and practice; case study from coastal British Columbiaand Social Research Council, LSE, Discussion Paper NO: 11. June; H Cosma and R Whish, "Soft Law in the Field of EV Competition Policy" (2003) European“Where our women used to get the food” Cumulative effects and loss of ethnobotanical knowledge and practice; case study from coastal British Columbia
Business Law Review 14; J Scott and D Trubek. "Mind the Gap: Law and New Approaches to Governance in the European Union" (2002) 1 European Law Journa38463“Soft Law,” “Hard Law,” and European IntegrationbyDavid M. Trubek, Patrick Cottrell, and Mark NanceUniversity of Wisconsin-Madison1 2In the discu “Where our women used to get the food” Cumulative effects and loss of ethnobotanical knowledge and practice; case study from coastal British Columbiain Europe: Policy Making without Legislating?" in Héretier (ed.). Common Goods: Reinventing European and International Governance (Rowman & Littlefield. 2001): M Clni. "The Soft Law Approach: Commission Rule-Making in the EU"s State Aid Regime" (2001) 2 Journal of European Public Policy, 8: 192-207; “Where our women used to get the food” Cumulative effects and loss of ethnobotanical knowledge and practice; case study from coastal British Columbia K Sisson and p Marginson, “Soft Regulation—Travesty of the Real Think or New Dimension?" (2001) ESRC Working Paper 32/01; J Kenner, “The EC Employmen“Where our women used to get the food” Cumulative effects and loss of ethnobotanical knowledge and practice; case study from coastal British Columbia
t Title and the "Third Way": Making Soft Law Work." (1999) 1 International Journal of Comparative Labor Law and Indusưial Relations 15:33-60; H Hillge38463“Soft Law,” “Hard Law,” and European IntegrationbyDavid M. Trubek, Patrick Cottrell, and Mark NanceUniversity of Wisconsin-Madison1 2In the discu “Where our women used to get the food” Cumulative effects and loss of ethnobotanical knowledge and practice; case study from coastal British Columbiand Governance and Regulation: An Interdisciplinary Analysis (Cheltenham, Edward Elgar, 2004).’ For these and other critiques, see. e.g: Klabbers (1998); Joerges and Rodl (2004): Chalmers and Lodge (2003): and s Smismans, "EU Employment Policy: Decentralisation or Centralisation through the Open Meth “Where our women used to get the food” Cumulative effects and loss of ethnobotanical knowledge and practice; case study from coastal British Columbiaod of Coordination?" (2004) EUI Working Paper LAW No. 204/01.2Note that most of these critiques arc based, explicitly or implicitly, on the view that“Where our women used to get the food” Cumulative effects and loss of ethnobotanical knowledge and practice; case study from coastal British Columbia
hard law is required Io achieve whatever EU objectives are in question. The authors of these critiques believe that integration requires clear guidanc38463“Soft Law,” “Hard Law,” and European IntegrationbyDavid M. Trubek, Patrick Cottrell, and Mark NanceUniversity of Wisconsin-Madison1 2In the discu “Where our women used to get the food” Cumulative effects and loss of ethnobotanical knowledge and practice; case study from coastal British Columbias.Just as hard law proponents have questioned the efficacy of soli law, so those who see merit in new governance and thus soft law have raised questions about the utility of traditional forms of hard law in the context of many of the issues confronting die EU today. Among the critiques of hard law o “Where our women used to get the food” Cumulative effects and loss of ethnobotanical knowledge and practice; case study from coastal British Columbiane finds the following observations:•1 lai d law tends coward uniformity of treatment while many current issues demand tolerance for significant diver“Where our women used to get the food” Cumulative effects and loss of ethnobotanical knowledge and practice; case study from coastal British Columbia
sity among Member States.•Hard law presupposes a fixed condition based on prior knowledge while situations of uncertainty may demand constant experime38463“Soft Law,” “Hard Law,” and European IntegrationbyDavid M. Trubek, Patrick Cottrell, and Mark NanceUniversity of Wisconsin-Madison1 2In the discu “Where our women used to get the food” Cumulative effects and loss of ethnobotanical knowledge and practice; case study from coastal British Columbiaf actors do not internalize the norms of hard law; enforcement may be difficult; if they do, it may be unnecessary.As we can see, arguments about hard and soft law are based largely on pragmatic and functional questions: how do these processes work; which one works best? Because the issue is pragmat “Where our women used to get the food” Cumulative effects and loss of ethnobotanical knowledge and practice; case study from coastal British Columbiaic, the debate about hard and soil law cannot be resolved in the abstract or in a general way. Different domains have different needs, and “hard” and“Where our women used to get the food” Cumulative effects and loss of ethnobotanical knowledge and practice; case study from coastal British Columbia
“soft” legal processes come in many different shapes and forms. therefore, die discussion must be carried out in the context of particular policy doma38463“Soft Law,” “Hard Law,” and European IntegrationbyDavid M. Trubek, Patrick Cottrell, and Mark NanceUniversity of Wisconsin-Madison1 2In the discu “Where our women used to get the food” Cumulative effects and loss of ethnobotanical knowledge and practice; case study from coastal British Columbiagmatic one, wrc immediately recognize that the question is not necessarily one of hard msiLS-Soft law: there is also the issue of the possible interaction between these two approaches to governance and thus of “hybrid” constellations in which both hard and soft proc esses operate in the same domain “Where our women used to get the food” Cumulative effects and loss of ethnobotanical knowledge and practice; case study from coastal British Columbiaand affect the same actors. For that reason, this chapter looks at issues concerning the3relationship between hard and soft law in two specific domain“Where our women used to get the food” Cumulative effects and loss of ethnobotanical knowledge and practice; case study from coastal British Columbia
s and explores both their relative effectiveness and their actual and potential interaction.6a) Employment policyThe first policy domain we shall inve38463“Soft Law,” “Hard Law,” and European IntegrationbyDavid M. Trubek, Patrick Cottrell, and Mark NanceUniversity of Wisconsin-Madison1 2In the discu “Where our women used to get the food” Cumulative effects and loss of ethnobotanical knowledge and practice; case study from coastal British Columbia Europe is so serious, and so related to basic goals of the Union, that the Union has decided it must coordinate Member State efforts to reduce unemployment and increase the percentage of the population in the workforce even though this necessarily includes activity in areas of exclusive Member Stat “Where our women used to get the food” Cumulative effects and loss of ethnobotanical knowledge and practice; case study from coastal British Columbiae competence. To that end. the EU has created the European Employment Strategy (EES), a set of non-binding guidelines designed to govern the reform of“Where our women used to get the food” Cumulative effects and loss of ethnobotanical knowledge and practice; case study from coastal British Columbia
national laws, policies, and institutions in order to make them more employment-friendly. The EES includes a complex system of periodic reporting, in38463“Soft Law,” “Hard Law,” and European IntegrationbyDavid M. Trubek, Patrick Cottrell, and Mark NanceUniversity of Wisconsin-Madison1 2In the discu “Where our women used to get the food” Cumulative effects and loss of ethnobotanical knowledge and practice; case study from coastal British Columbiavernance, the EES has been a model for similar systems which now are all denominated the “open method of coordination” or ƠMC.The EES itself is soft law, in that the guidelines are general, they are not binding, and there is no way to mount a court challenge to any failure to follow the guidelines. “Where our women used to get the food” Cumulative effects and loss of ethnobotanical knowledge and practice; case study from coastal British ColumbiaThe EES, however, overlaps with EU “hard law" in some areas, thus creating the possibility for interaction and hybridity. Among these is the field of“Where our women used to get the food” Cumulative effects and loss of ethnobotanical knowledge and practice; case study from coastal British Columbia
employment discrimination, a topic that is both regulated through a hard law directive and covered by an EES guideline. Thus in this domain there exisGọi ngay
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