Overcoming the 'Soft vs Hard Law' Debate in the Development of New Global Health Instruments

Opinio Juris 2021 (https://opiniojuris.org/)

4 Pages Posted: 4 Nov 2022

See all articles by Giulia Bosi

Giulia Bosi

Scuola Superiore Sant'Anna

Date Written: November 30, 2021

Abstract

This contribution begins with a thorough analysis of the use of soft and hard law in the realm of global health law. It then argues that rather than focusing on the a priori debate on which of the two approaches is better suited to tackle global health challenges, in the development of new global health instruments more attention should be paid to: a) how soft and hard law can interact with each other; and b) how to foster respect for the norms, irrespective of whether they are legally binding. In the latter regard, capacity-building, compliance mechanisms and engagement with non-State actors should be given due consideration.

Keywords: Hard law, Soft law, Global Health Law, World Health Organization, Pandemic treaty, International Health Regulations, Framework Convention on Tobacco Control

Suggested Citation

Bosi, Giulia, Overcoming the 'Soft vs Hard Law' Debate in the Development of New Global Health Instruments (November 30, 2021). Opinio Juris 2021 (https://opiniojuris.org/), Available at SSRN: https://ssrn.com/abstract=4265674 or http://dx.doi.org/10.2139/ssrn.4265674

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