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
As global supply chains become increasingly lengthy and complex, human rights due diligence in the supply chain is becoming a controversial focal point in the accountability of multinational corporations. In recent ye...As global supply chains become increasingly lengthy and complex, human rights due diligence in the supply chain is becoming a controversial focal point in the accountability of multinational corporations. In recent years, legislative practices in the field of human rights due diligence have shown a trend from voluntary soft law toward mandatory hard law, and from corporate due diligence for their own operations towards extended due diligence for the entire supply chain. However, there is a divergence in national practices regarding the extent to which human rights due diligence should extend along the supply chain and the manner in which it should be incorporated into domestic legal policies. International soft law interpretations surrounding the boundaries of human rights due diligence in the supply chain are decentralized, posing risks of interpretation diversification, boundary blurring, and procedural formalization, as well as risks of misinterpretation and misuse. Meanwhile, some countries and regions are vigorously promoting mandatory legislation on human rights due diligence in the supply chain, which has profound implications for the stability of global supply chains and the international economic and trade order. Against this backdrop, it is crucial to explore the reasonable boundaries of human rights due diligence in the supply chain. Instead of applying a one-size-fits-all approach,the rationality of legal factors and the complexity of practical factors should be considered, applying context-specific measures based on the varying degrees of linkage between companies and negative human rights impacts in the supply chain. China should be particularly wary of the “chilling effect” of mandatory legislation on human rights due diligence in the supply chain, attaching great importance to national supply chain security and international supply chain competitiveness.Additionally,China should actively promote the implementation of voluntary human rights due diligence under the United Nations framework, and accelerate the enhancement of China's discourse power in the international rule-making process in the fields of industry and commerce as well as human rights.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.
基金supported by the Youth Initiative Program of the Chinese Academy of Social Sciences(Project Approval Number 2024QQJH141)。
文摘As global supply chains become increasingly lengthy and complex, human rights due diligence in the supply chain is becoming a controversial focal point in the accountability of multinational corporations. In recent years, legislative practices in the field of human rights due diligence have shown a trend from voluntary soft law toward mandatory hard law, and from corporate due diligence for their own operations towards extended due diligence for the entire supply chain. However, there is a divergence in national practices regarding the extent to which human rights due diligence should extend along the supply chain and the manner in which it should be incorporated into domestic legal policies. International soft law interpretations surrounding the boundaries of human rights due diligence in the supply chain are decentralized, posing risks of interpretation diversification, boundary blurring, and procedural formalization, as well as risks of misinterpretation and misuse. Meanwhile, some countries and regions are vigorously promoting mandatory legislation on human rights due diligence in the supply chain, which has profound implications for the stability of global supply chains and the international economic and trade order. Against this backdrop, it is crucial to explore the reasonable boundaries of human rights due diligence in the supply chain. Instead of applying a one-size-fits-all approach,the rationality of legal factors and the complexity of practical factors should be considered, applying context-specific measures based on the varying degrees of linkage between companies and negative human rights impacts in the supply chain. China should be particularly wary of the “chilling effect” of mandatory legislation on human rights due diligence in the supply chain, attaching great importance to national supply chain security and international supply chain competitiveness.Additionally,China should actively promote the implementation of voluntary human rights due diligence under the United Nations framework, and accelerate the enhancement of China's discourse power in the international rule-making process in the fields of industry and commerce as well as human rights.
