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The structure, form and language of international environmental norms – from absolute to relative normativity (Book chapter)

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ISBN: 9781784714642 9781784714659 Year: Pages: 28 DOI: 10.4337/9781784714659 Language: English
Publisher: Edward Elgar Publishing
Subject: Law
Added to DOAB on : 2019-03-05 15:10:01
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Abstract

International environmental law has a dual nature being both formal (attached to explicit state will) and instrumental (detached from explicit state will). In this chapter it is argued that normativity of international environmental legal norms is relativised due to the softening of hard law and hardening of soft law. The softening of hard law is caused primarily by the interpretative nature of language and the interplay between formalism and instrumentalism as interpretative paradigms. As a consequence, the normative content of hard law is always a matter of interpretation which by default causes hard law to be more or less indeterminate. The hardening of soft law is visible inter alia in the informal legal status that several soft law instruments such as UN resolutions, accords, executive board decisions and informal initiatives may enjoy through their legitimacy and effectiveness. This results in some soft law instruments gaining relative legal effect even when lacking formal legal status. Based on these observations it is concluded that the normativity or validity of legal norms in international environmental law can only be evaluated after a careful analysis of all the traces of normativity (form, legitimacy and effectiveness) at play.

What can intellectual property law learn from happiness research? (Book chapter)

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ISBN: 9781782549970 9781783470532 Year: Pages: 24 DOI: 10.4337/9781783470532.00014 Language: English
Publisher: Edward Elgar Publishing
Subject: Law
Added to DOAB on : 2019-03-14 17:01:08
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As the description of the 2012 ATRIP congress’s theme highlights, traditionally, scholars have used historical, doctrinal or comparative analyses, law and economics, political economy or philosophy, to discuss intellectual property law. Other methods such as empirical analysis, international relations, and human development are more recent. This chapter looks at intellectual property law in a new way, namely through the angle of happiness or well-being research. The field of happiness research is not that recent but strangely, so far, happiness researchers have hardly discussed the relationship between well-being and technology despite the pervasive role of the latter in contemporary society. Likewise, the discussion of happiness is also rare in the legal field (except of course in (mental) health law) and it is absent from intellectual property law, except indirectly through the discussion of the capability approach in the discourse on intellectual property and development. I consciously leave the capability approach for another article but it needs to be noted that there are parallels to be drawn between the application of happiness research on the one hand and the capability approach on the other hand, to intellectual property law. In effect, the two approaches converge or are complementary in many respects. There is a debate to be had about the value of happiness research for the field of intellectual property law.

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