The debate over the Open Method of Co-ordination has reopened discussion of the role of 'soft law' in the process of European integration. This paper outlines the debate over the relative value of hard and soft law in EU social policy, explores the operation of non-binding objectives and guidelines in the European Employment Strategy, suggests a number of reasons why 'soft law' might be effective in this area, and explores the possibility for productive combination of hard and soft law measures.

No abstract

No abstract

Recent actions by the European Union reveal a shift away from traditional, topdown, command and control governance. This can be seen in the structure of traditional tools like directives, as many recent directives, especially in social policymaking, tend to be more open and flexible. But the move to more flexible and participatory approaches can best be seen in areas like the European Employment Strategy (EES), which departs radically from traditional regulatory governance approaches. This article explores the increased use of alternative approaches to governance in the EU by examining the EES as an example of this shift.

No abstract

This paper examines prospects for transnational advocacy and regimes as a way to buttress national labor laws and institutions in an interlocking mosaic and thus ensure the continuation of strong systems of industrial relations under conditions of increasing economic integration. We argue that there is a role for transnational solutions as a supplement to national systems, and we assess the conditions necessary to make this approach effective. We look at a variety of possible actors and arenas that could foster transnationalism and provide illustrations of transnational advocacy and regime building. We conclude that elements of a multilevel, public‐private transnational regime are present in some parts of the world and that these elements can occasionally be knit together. We find that prospects for an effective and sustainable system of transnational multi‐level regulation are greater when regional integration pacts such as the EU and NAFTA create transnational norms or forums. But, based on preliminary analysis of transnational advocacy and regulation in these two areas, we also conclude that no fully effective system has yet emerged.

Law is a practical science. It does not ordinarily dwell on fundamental questions about the social, political, and economic functions of the legal order. Satisfied with implicit working assumptions about these matters, legal thought moves rapidly to more tractable questions. But when law's solutions to social problems fail to satisfy, it becomes necessary to examine the basic theory from which they derive.' This is such an era. In a time when men speak casually of a crisis of law, and ask "is law dead?" 2 it is clear that law's role in society has become problematic. Such an age demands a social theory of law. It is now necessary to frame explicit and concise questions on the relationship between law and social life, and to answer these questions by disciplined inquiry. Since the implicit, a priori conclusions about the role of law are no longer valid, we must turn to systematic efforts to understand the relationships among the legal, social, economic, and political orders. In any such effort, comparative research and crosscultural generalization will play a major role. This essay examines one area in which such research has begun, the field of "law and develop-* I wish to thank

No abstract