International soft law is not legally binding,but nevertheless it embodies mainstream values and influences the formation of hard law in global governance.Marine fisheries have become important arenas of global govern...International soft law is not legally binding,but nevertheless it embodies mainstream values and influences the formation of hard law in global governance.Marine fisheries have become important arenas of global governance,in which developing states are crucial participants.The interactions between soft law and hard law in global marine fisheries can be mainly summarized as follows:soft law can be the precursor for hard law and be implicitly introduced into hard law to enhance normativity;hard law can also be incorporated into soft law.This paper explores the IUU fishing case to illustrate the significant role of soft law on international fisheries law and identify gaps in global marine fisheries governance.The development of international instruments to combat IUU fishing within FAO undergoes a process from voluntary to legally binding with the engagement and promotion of some developed states for their benefits.But IUU fishing concept is defective in its drafting as well as in practical application and indicates the value of emphasizing conservation over economic and social development,which is contrary to the principle of sustainable development and fails to meet the requirements of the developing states.The paper suggests to fill this gap by converting existing values in soft law to foster fishing rules that benefit all states and provide some insights towards this direction.展开更多
The World Commission on Environment and Development in its report entitled“Our Common Future”has put forward the idea of sustainable development which is also an important part of the development of regional environ...The World Commission on Environment and Development in its report entitled“Our Common Future”has put forward the idea of sustainable development which is also an important part of the development of regional environmental law in Southeast Asia.In 1985 ASEAN Agreement on the Nature and Natural Resources has put sustainable development for the first time in ASEAN’s treaty.Sustainable development continues to grow through the 1987 Jakarta Resolution on Sustainable Development agreed upon by the leaders of ASEAN.This research will look at the importance of sustainable development as part of the regional environmental international law concept and how it has grown in ASEAN today.The purpose of this research is to know the various international agreements both soft law and hard law that puts sustainable development as an important element.The results show that sustainable development has become an integral part of the regional international environmental legal system in ASEAN.A provisional conclusion shows that ASEAN’s commitment to sustainable development has greatly improved the success of implementing environmental policies at the ASEAN level.展开更多
基金funding supports from National Social Science Fund of China (20VHQ001).
文摘International soft law is not legally binding,but nevertheless it embodies mainstream values and influences the formation of hard law in global governance.Marine fisheries have become important arenas of global governance,in which developing states are crucial participants.The interactions between soft law and hard law in global marine fisheries can be mainly summarized as follows:soft law can be the precursor for hard law and be implicitly introduced into hard law to enhance normativity;hard law can also be incorporated into soft law.This paper explores the IUU fishing case to illustrate the significant role of soft law on international fisheries law and identify gaps in global marine fisheries governance.The development of international instruments to combat IUU fishing within FAO undergoes a process from voluntary to legally binding with the engagement and promotion of some developed states for their benefits.But IUU fishing concept is defective in its drafting as well as in practical application and indicates the value of emphasizing conservation over economic and social development,which is contrary to the principle of sustainable development and fails to meet the requirements of the developing states.The paper suggests to fill this gap by converting existing values in soft law to foster fishing rules that benefit all states and provide some insights towards this direction.
文摘The World Commission on Environment and Development in its report entitled“Our Common Future”has put forward the idea of sustainable development which is also an important part of the development of regional environmental law in Southeast Asia.In 1985 ASEAN Agreement on the Nature and Natural Resources has put sustainable development for the first time in ASEAN’s treaty.Sustainable development continues to grow through the 1987 Jakarta Resolution on Sustainable Development agreed upon by the leaders of ASEAN.This research will look at the importance of sustainable development as part of the regional environmental international law concept and how it has grown in ASEAN today.The purpose of this research is to know the various international agreements both soft law and hard law that puts sustainable development as an important element.The results show that sustainable development has become an integral part of the regional international environmental legal system in ASEAN.A provisional conclusion shows that ASEAN’s commitment to sustainable development has greatly improved the success of implementing environmental policies at the ASEAN level.
