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“Soft Law,” “Hard Law,” and European Integration: Toward a Theory of Hybridity

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Author Info
David M. Trubek, Patrick Cottrell, Mark Nance
Abstract

Abstract: This paper develops a conceptual framework for the analysis of hard and soft law that is drawn in part from recent work in the field of international relations. We examine the literature on the role of soft law, noting that scholars have approached this phenomenon in very different ways. We seek to unite insights from constructivist and rationalist theories of integration and apply them to the understanding of the role law and other normative orders and governance processes may play in European integration. We deploy this synthesis to analyze the two case studies, employment policy and fiscal policy coordination, exploring the roles that law plays and paying special attention to the operation of hybrid constellations where hard and soft operate in the same policy domain.

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Paper provided by Jean Monnet Chair in its series Jean Monnet Working Papers with number 2.

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Date of creation: 13 Jun 2005
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Handle: RePEc:erp:jeanmo:p0166

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Related research
Keywords: governance; integration theory; open coordination; regulation; European law; stability pact; economic integration; fiscal policy; social policy; political science; law; sociology;

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  1. W. Abbott, Kenneth & Snidal, Duncan, 2000. "Hard and Soft Law in International Governance," International Organization, Cambridge University Press, vol. 54(03), pages 421-456, August. [Downloadable!]
  2. Stijn Smismans, 2004. "EU Employment Policy: Decentralisation or Centralisation through the Open Method of Coordination," EUI-LAW Working Papers 1, European University Institute (EUI), Department of Law. [Downloadable!]
  3. Abbott, Kenneth W & Snidal, Duncan, 2000. "Hard and Soft Law in International Governance," International Organization, MIT Press, vol. 54(3), pages 421-56, Summer.
  4. Lipson, Charles, 1991. "Why are some international agreements informal?," International Organization, Cambridge University Press, vol. 45(04), pages 495-538, September. [Downloadable!]
  5. Barbara Koremenos & Charles Lipson & Duncan Snidal, 2001. "The Rational Design of International Institutions," International Organization, MIT Press, vol. 55(4), pages 761-799, October. [Downloadable!] (restricted)
  6. Burkard Eberlein & Dieter Kerwer, 2004. "New Governance in the European Union: A Theoretical Perspective," Journal of Common Market Studies, Blackwell Publishing, vol. 42(1), pages 121-142, 02. [Downloadable!] (restricted)
  7. Christian Joerges, 2001. "Good Governance in the European Internal Market: Two Competing Legal Conceptualisations of European Integration and their Synthesis," EUI-RSCAS Working Papers 29, European University Institute (EUI), Robert Schuman Centre of Advanced Studies (RSCAS). [Downloadable!]
  8. Koremenos, Barbara & Lipson, Charles & Snidal, Duncan, 2001. "The Rational Design of International Institutions," International Organization, Cambridge University Press, vol. 55(04), pages 761-799, November. [Downloadable!]
  9. Jeffrey T. Checkel, 2001. "Why Comply? Social Learning and European Identity Change," International Organization, MIT Press, vol. 55(3), pages 553-588, September. [Downloadable!] (restricted)
  10. Lipson, Charles, 1991. "Why Are Some International Agreements Informal?," International Organization, MIT Press, vol. 45(4), pages 495-538, Autumn.
  11. Barnett, Michael N & Finnemore, Martha, 1999. "The Politics, Power, and Pathologies of International Organizations," International Organization, MIT Press, vol. 53(4), pages 699-732, Autumn.
  12. W. Abbott, Kenneth O. & Keohane, Robert & Moravcsik, Andrew & Slaughter, Anne-Marie & Snidal, Duncan, 2000. "The Concept of Legalization," International Organization, Cambridge University Press, vol. 54(03), pages 401-419, August. [Downloadable!]
  13. Martin, Lisa L. & Simmons, Beth A., 1998. "Theories and Empirical Studies of International Institutions," International Organization, Cambridge University Press, vol. 52(04), pages 729-757, October. [Downloadable!]
  14. Downs, George W. & Rocke, David M. & Barsoom, Peter N., 1996. "Is the good news about compliance good news about cooperation?," International Organization, Cambridge University Press, vol. 50(03), pages 379-406, June. [Downloadable!]
  15. Finnemore, Martha & Sikkink, Kathryn, 1998. "International Norm Dynamics and Political Change," International Organization, Cambridge University Press, vol. 52(04), pages 887-917, October. [Downloadable!]
  16. Checkel, Jeffrey T., 2001. "Why Comply? Social Learning and European Identity Change," International Organization, Cambridge University Press, vol. 55(03), pages 553-588, August. [Downloadable!]
  17. Barnett, Michael N. & Finnemore, Martha, 1999. "The Politics, Power, and Pathologies of International Organizations," International Organization, Cambridge University Press, vol. 53(04), pages 699-732, October. [Downloadable!]
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