Wednesday, April 21, 2010

Function of soft law


Continued with the previous post. This further explained more about the function of soft law.

Soft law instruments are highly favorable by the law makers. The soft nature has finally put itself in a better use. Thus, it is easier to conclude an agreement because the commitments to such law are less strict and limited, also, this encourage parties to consent to more detailed and precise provisions especially in the area of environmental law where developing nations are more reluctant to cooperate and often focus on economic progress. If such agreements are made, the chance of a multilateral agreement to legalized a soft law will be higher. Apart from that, the lack in formality of a treaty, soft law is easier to be amended or abolished. Therefore, it does encourage states to agree on an agreement, without the needs of democratic accountability and avoid the complex process to a treaty. It might not have immediate effect but as discussed above, such as implementation of treaty can really put such soft law in good use. It can also be seen as a stepping stone to address the more sensitive issues and molding it into a multilateral agreement.

Soft law instrument can be viewed as a redundant piece of legislation, without a proper legal personality or the legal effect. However, in practice, soft law is capable of producing good law for the long run and it has become a more favorable legal instrument. It also has the capability in developing customary international law at a faster rate in the form multilateral agreement.

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