Premium
Comparing the legitimacy and effectiveness of global hard and soft law: An analytical framework
Author(s) -
KarlssonVinkhuyzen Sylvia I.,
Vihma Antto
Publication year - 2009
Publication title -
regulation and governance
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 1.417
H-Index - 45
eISSN - 1748-5991
pISSN - 1748-5983
DOI - 10.1111/j.1748-5991.2009.01062.x
Subject(s) - legitimacy , soft law , corporate governance , norm (philosophy) , hard law , global governance , incentive , law and economics , international law , political science , law , sociology , economics , management , microeconomics , politics
The international norms that are developed as tools of global governance can be placed on a continuum from traditional “hard law” treaties to the vaguest and voluntary “soft law.” In this article we develop an analytical framework for comparing norms on different positions along the continuum, thus for comparing international hard and soft law. We root the framework in both the rationalist and the constructivist paradigms of international relations by focusing on two overarching evaluative criteria: effectiveness and legitimacy. These broad concepts are divided into smaller building blocks encompassing mechanisms through which norms can exert influence; for example, by changing material incentives, identities, and building capacity, and by contributing to building source‐based, procedural, and substantive legitimacy. We illustrate the applicability of the framework with three norm processes of varying degrees of “softness” in global climate governance.