Friday, April 9, 2010

What is soft law instrument?

Definition for soft law can get tricky. It sometimes defines as a non-binding agreement and it is not readily enforceable per se. Based on Wikipedia.com, quasi-legal instruments which do not have any legally binding force, or whose binding force is somewhat "weaker" than the binding force of traditional law is referred as the term "soft law". On contrary, "hard law" is those that often contrasted with soft law. However, it can take many forms such as declarations, general norms or legal principles.

Theoretically, soft law is a non binding instrument and it is often treated as a piece of agreement with no actual substance. It does not have an immediate effect on the agreement and further ratification is needed in order for the soft law to be a binding rule for a state. The lack of binding effect often relates the rule as merely a form of ethnic which is not enforceable. Aside from being not binding, soft law instrument is often treated as a form of political or moral commitment among state to build up a healthy international relationship. However, this is inaccurate. An agreement is a binding contract; nevertheless, it will contain at least some enforceable legal effect.

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