The article compares the interplay between soft law institutions and those based on hard law in international efforts to protect the North Sea, reduce transboundary air pollution, and discipline fisheries subsidies. Our cases confirm that ambitious norms are more easily achieved in soft law institutions than in legally binding ones, but not primarily because they bypass domestic ratification or fail to raise concerns for compliance costs. More important is the greater flexibility offered by soft law instruments with respect to participation and sectoral emphasis. Second, ambitious soft law regimes put political pressure on laggards in negotiations over binding rules, but this effect is contingent on factors such as political saliency and reasonably consensual risk and option assessment. Third, hard-law instruments are subject to more thorough negotiation and preparation which, unless substantive targets have been watered down, makes behavioral change and problem solving more likely. Finally, although most of the evidence presented here confirms the implementation edge conventionally ascribed to hard law institutions, the structures for intrusive verification and review that provide part of the explanation can also be created within soft law institutions. (c) 2006 by the Massachusetts Institute of Technology.

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Antarctic krill Euphausia superba, a keystone species in the Southern Ocean, is highly relevant for studying effects of climate-related shifts on management systems. Krill provides a key link between primary producers and higher trophic levels and supports the largest regional fishery. Any major perturbation in the krill population would have severe ecological and economic ramifications. We review the literature to determine how climate change, in concert with other environmental changes, alters krill habitat, affects spatial distribution/abundance, and impacts fisheries management. Findings recently reported on the effects of climate change on krill distribution and abundance are inconsistent, however, raising questions regarding methods used to detect changes in density and biomass. One recent study reported a sharp decline in krill densities near their northern limit, accompanied by a poleward contraction in distribution in the Southwest Atlantic sector. Another recent study found no evidence of long-term decline in krill density or biomass and reported no evidence of a poleward shift in distribution. Moreover, with predicted decreases in phytoplankton production, vertical foraging migrations to the seabed may become more frequent, also impacting krill production and harvesting. Potentially cumulative impacts of climate change further compound the management challenge faced by CCAMLR, the organization responsible for conservation of Antarctic marine living resources: to detect changes in the abundance, distribution, and reproductive performance of krill and krill-dependent predator stocks and to respond to such change by adjusting its conservation measures. Based on CCAMLR reports and documents, we review the institutional framework, outline how climate change has been addressed within this organization, and examine the prospects for further advances toward ecosystem risk assessment and an adaptive management system.

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