A Call for Rethinking the Sources of International Law: Soft Law and the Other Side of the Coin

Mexican Yearbook of International Law, Vol. 8, 2013

50 Pages Posted: 27 Apr 2013 Last revised: 24 May 2013

See all articles by Fabian Cardenas

Fabian Cardenas

Pontificia Universidad Javeriana

Date Written: January 25, 2013

Abstract

This article revisits the traditional conception on the study of the sources of international law by contrasting it with one of the notions that challenges classical law making: soft law. In doing so, the article presents an overall review of the concept of soft law, exploring its main features and actual legal implications. Finally, the paper formulates a series of questions which main aim is to make a call for rethinking the sources of international law. It is posited here that such sources should not remain static rather develop at the speed of contemporary international relations. Special reference is made to international environmental law considered as a particular branch of international law, which dynamics turn to be useful and pertinent for such endeavor.

Keywords: soft law, sources of international law, international environmental law, sources

Suggested Citation

Cardenas, Fabian, A Call for Rethinking the Sources of International Law: Soft Law and the Other Side of the Coin (January 25, 2013). Mexican Yearbook of International Law, Vol. 8, 2013 , Available at SSRN: https://ssrn.com/abstract=2257005

Fabian Cardenas (Contact Author)

Pontificia Universidad Javeriana ( email )

Calle 40 6-23 Piso 6
Bogota, Bogotá 11001000
Colombia

HOME PAGE: http://www.javeriana.edu.co

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