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

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