The effectiveness of soft law in international environmental regimes: participation and compliance in the Hyogo Framework for Action

摘要

A number of recent international environmental regimes including the Sustainable Development Goals, the Paris Agreement on climate change and the Sendai Framework for Disaster Risk Reduction rely on soft law featuring voluntary action, wide-ranging provisions for participants and non-binding commitments, while skirting the idea of sanctions. Because of the increasing prevalence of soft law regimes, their intuitional design attributes and characteristics give rise to new questions about regime effectiveness. Concepts such as compliance and participation that originate from the assessment of the effectiveness of hard law regimes need to be revisited and adapted to this new subset with its distinct characteristics. The aim of this study, then, is to empirically investigate the prospects of effectiveness in the specific case of the Hyogo Framework for Action 2005-2015 on disaster risk reduction (DRR) as an illustrative case study of soft law regimes. The study, thereby, examines participation and compliance as key factors of regime effectiveness by analysing data and descriptive statistics based on national reports and their indicators on DRR measures. The study not only aims to advance the understanding of concepts central to the assessment of regime effectiveness in the context of soft law regimes. It also investigates DRR for the first time on a global scale from a regime effectiveness perspective documenting variation on the country level and serving as a guide to interesting cases and comparative research for future study.