Comments on the Normative Challenge of Environmental 'Soft Law'

The Transformation of International Environmental Law, 61–71 (Yann Kerbrat & Sandrine Malijean-Dubois ed., 2011)

GWU Legal Studies Research Paper No. 2013-29

GWU Law School Public Law Research Paper No. 2013-29

13 Pages Posted: 27 Feb 2013

See all articles by Dinah L. Shelton

Dinah L. Shelton

George Washington University - Law School

Date Written: 2011

Abstract

This paper describes the increased presence of non-binding soft law in international environmental law and begins by listing the possible uses of a “non-binding normative instrument.” Next, the paper describes the relationship between soft law and customary international law and notes that soft law may result in subsequent codification of those principles or interpret existing treaty obligations. The paper then contemplates why states are utilizing soft law in international environmental law and discusses issues regarding compliance with non-binding soft law. The paper concludes that the complicated nature of the international system prevents a prediction of the extent to which states will use and enforce hard or soft law.

Keywords: soft law, international law, environmental law

JEL Classification: K32, K33

Suggested Citation

Shelton, Dinah L., Comments on the Normative Challenge of Environmental 'Soft Law' (2011). The Transformation of International Environmental Law, 61–71 (Yann Kerbrat & Sandrine Malijean-Dubois ed., 2011), GWU Legal Studies Research Paper No. 2013-29, GWU Law School Public Law Research Paper No. 2013-29, Available at SSRN: https://ssrn.com/abstract=2225963

Dinah L. Shelton (Contact Author)

George Washington University - Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States
(202) 994-9413 (Phone)

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