"The Role of Soft Law in the Evolution of Rules for a Single European Market: The Case of Retailing"

Matthews, Duncan and Mayes, David G. (1995) "The Role of Soft Law in the Evolution of Rules for a Single European Market: The Case of Retailing". In: UNSPECIFIED, Charleston, South Carolina. (Unpublished)

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Abstract

The paper considers the rule-following behaviour of firms in the single European market within the theoretical framework of soft law. With particular reference to the European retail sector, the concept is reviewed and characterised as a co-ordinated behavioural response to existing or proposed rule changes, providing the mechanisms through which norms can be set without recourse to intervention by outside agents. Soft law is found to enhance the credibility of firms lobbying for change in the external rules and provide an expectation of particular behavioural outcomes. The potential impact of self-regulation and the extent to which firms can facilitate the acceptance of a dominant rule system outide the confines of a state's jurisdiction are discussed and the conclusion reached that soft law must be considered a key element in the process of evolutionary change in the single market.

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