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Soft law is one of the most important topics in law. It always remains a matter of discussion. If you want to know more about it, read on continue.
Soft law is extremely difficult to be included in the single formula. The only thing that one can describe it confidently is that it is in the written form. All remaining features are unpredictable and represent an infinite variety. That’s maybe a reason why it is considered to include soft rules that are encompassed in voluntary resolutions, codes of conduct, treaties, and standards.
Also Read Here: The Introduction, Evaluation and the Scope of International Law
What is Soft Law?
The exact definition of soft law cannot be defined because it remains the hot topic of debates. But, it can be defined as the law that facilitates the progressive development of common international law. Soft law instruments are used as a brilliant alternative to treaties and highly significant part of the multilateral treaty-making process.
At one time, the soft law gives the best substitutes to law-formation by agreement in specific situations and other times it goes together with treaties showing a variety of ways to understand what types of legal effects several treaties cause.
Can the Soft Law be Used as the Source of International Law?
The debate “whether the soft law is a source of international law or not” has been continued for many years. It is believed that the concept of soft law can be used only for defining the legal status and political significance of such resolution.
As per the authority consulted, the soft law can be defined as non-law. It cannot be used as a major source of international law but a separate source. It is important only in the political & moral aspects and facilitates the consent of states essential to form the binding international law. Although, it is not a source of international law but believes to have legal relevancy. Hence, it becomes the matter to be governed by international law.
Soft law instruments are used by new actors in the process of informal international lawmaking with several authority levels in the form of new difficult global legislations. Apart from this, the soft law has been found significant in law inception and interpretation of a hard law. It is covered in the allocation of functions presented on global organs charged with international lawmaking.
The international organizations and legal institutions have used the soft law to get soft instruments and soft responsibility of management and enforcement.
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