Environmental Soft Law As a Governance Strategy

Abstract : Soft law governance relies on nongovernmental institutions that establish and implement voluntary standards. Compared with traditional hard law solutions to societal and economic problems, soft law alternatives promise to be more politically feasible to establish and then easier to adapt in the face of changing circumstances. They may also seem more likely to be flexible in what they demand of targeted businesses and other entities. But can soft law actually work to solve major problems? This Article considers the value of soft law governance through the lens of three major voluntary, nongovernmental initiatives that address environmental concerns: (1) ISO 14001 environmental management systems; (2) sustainable forest certification systems; and (3) LEED standards for energy efficient buildings. Taken together, these case studies indicate that, even though soft law governance may hold considerable theoretical appeal, it can also be quite limited in what it actually achieves. Decision-makers should rely on soft law governance only with full recognition of its limitations as well as its alluring characteristics.

---

The Transformation of the Art Market: Law, Norms, and Institutions

Abstract : Over the last three decades, the art market has undergone a remarkable transformation. Before the 1990s, artworks were sold with hardly any concern about whether they had been stolen or looted, whereas now any reputable gallery or auction house checks the “provenance” of any substantial work before sale to ensure there is nothing problematic in the chain of title. This transformation reflects interlocking changes in law, norms, and institutions. New York’s and more broadly the U.S. courts’ application of American substantive law has destabilized title to stolen and looted goods worldwide because American statutes of limitations generally provide weaker protection for those who possess stolen or looted goods even in good faith. Application of American law has had a profound effect, especially for the high end of the market because even European or Asian investors who purchase art outside of the U.S. may eventually want to sell or display their works in the U.S. Defective title under American law thus affects prices world-wide. The tightening and broader application of American law reflects both long-standing legal principles and changes in social norms towards the redress of historical wrongs, most notably prominent campaigns relating to art confiscated or sold under duress in Nazi Germany. New institutions, most importantly the Art Loss Register (ALR) searchable database of stolen and looted art, have also changed perceptions about minimum standards for good faith purchase, which in turn affected both social norms and litigation. These new norms, in combination with the information provided by the ALR, have influenced the market even for less valuable art, for which sale or display in the U.S. is not a relevant consideration and for which the threat of costly legal action is not credible.

---

The Origin of Communities in Authoritarian Cities: Theory and Evidence from China

Abstract : This study offerss a unique mixed-method investigation of the origin of self-governed neighborhood communities in authoritarian China’s megacities. We find a prevalent collective action problem with respect to neighborhood self-governance, but so too do we present evidence that the local government helps homeowners overcome this problem and govern themselves more effectively. Our data also reveal that democratized neighborhoods have better governing outcomes than do non-democratized ones, as evidenced by more effective homeowner control over neighborhood affairs, greater respect for democratic principles, and a higher degree of community identity. Owing to these positive outcomes, homeowner activists in democratized neighborhoods develop deeper trust in their local government than do their counterparts in non-democratized neighborhoods. Most pointedly, we find an authoritarian regime may genuinely support neighborhood self-governance in the interest of building political trust, thereby complicating the conventional view that such regimes either repress civic engagement or manipulate civic organizations for political control.

---