Definitional Constraints Regarding Soft Law

AALCO Quaterly Bulletin 1& 2 (2007) 8-32

25 Pages Posted: 6 Sep 2013

See all articles by Waliul Hasanat

Waliul Hasanat

University of Lapland - Arctic Centre - Northern Institute for Environmental and Minority Law

Date Written: September 6, 2013

Abstract

The article seeks a definition of soft law by focusing on relevant scholarly views. Conventional sources of international law appear to have certain shortcomings when it comes to the question of securing compliance. Soft law, however, creates only voluntary obligations on the parties and is comparatively unconcerned with legal formalities or compliance mechanisms. It may create permanent international cooperation amongst state and non-state actors. Despite its increasing popularity and application, there are certain theoretical difficulties in asserting that soft law is a ‘source’ of international law. However, the conceptual development of soft law has overcome most of the complexities and objections. The article concludes by providing a working definition of soft law and calls for a practical approach towards soft-law mechanisms.

Suggested Citation

Hasanat, Waliul, Definitional Constraints Regarding Soft Law (September 6, 2013). AALCO Quaterly Bulletin 1& 2 (2007) 8-32 . Available at SSRN: https://ssrn.com/abstract=2321552

Waliul Hasanat (Contact Author)

University of Lapland - Arctic Centre - Northern Institute for Environmental and Minority Law ( email )

PO Box - 122
Pohjoisranta 4
Rovaniemi, Lapland 96101
Finland

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