The term "soft law" refers to quasi-legal instruments which do not have any binding force, or whose binding force is somewhat "weaker" than the binding force of traditional law, often referred to as "hard law", in this context. The term "soft law" initially appeared in the area of international law, but than it has been transferred to other branches of law. This article needs to be cleaned up to conform to a higher standard of quality. ... Critical legal studies Jurisprudence Law (principle) Legal research Letter versus Spirit List of legal abbreviations Legal code Pointless law Natural justice Natural law Philosophy of law Religious law External links Wikibooks Wikiversity has more about this subject: School of Law Look up law in Wiktionary, the free dictionary. ...
In the context of international law, the term "soft law" usually refers to agreements reached between parties (usually states) which do not amount to interational law in the strictest sense. In the context of international law soft law consists of non-treaty obligations which are therefore non-enforceable. The term "soft law" in the international law context also includes certain types of resolutions of international organizations (e.g. resolutions of the UN General Assembly). A party is a person or group of persons that compose a single entity which can be identified as one for the purposes of the law. ... A state is an organized political community occupying a definite territory, having an organized government, and possessing internal and external sovereignty. ... This article concerns the legal meaning of the term resolution. ... An international organization (also called intergovernmental organization) is an organization of international scope or character. ... United Nations General Assembly The United Nations General Assembly is one of the six principal organs of the United Nations. ...
The term "soft law" is also often used to describe various kinds of quasi-legal instruments of the European Communities: "codes of conduct", "guidelines", "communications" etc. In the area of law of the european communities, soft law instruments are often used to signalize, in what way will the European Commission use its competencies, how shall the Commission perform its tasks within the area of its discretion. The European Community (EC), most important of three European Communities, was originally founded on March 25, 1957 by the signing of the Treaty of Rome under the name of European Economic Community. ... The European Commission (formally the Commission of the European Communities) is the executive of the European Union. ...
Softlaw instruments, such as resolutions, recommendations and, declarations, are looked at with great enthusiasm as the means for modifying main rules and principles of the international legal regime.
While increased use of environmental softlaw is not necessarily a precursor to the growing seriousness of international environmental problem-solving, it is still important to provide proper appreciation of the role of softlaw in future protection of the environment.
This ensures that softlaw is kept as close as possible to the high end of the spectrum in terms of strengthening the resolve of nations to protect the environment.
In a stricter sense, softlaw, drawn up by professionals on their own initiative or in cooperation with consumers or the State, or on the basis of a State authorisation, is a set of instruments applied on a consensual basis; in general, it does not have legal force.
Softlaw is better accepted in areas such as consumer fraud, advertising and the financial sector, and when physical safety and health are not the main concerns.
The state of the law in Europe concerning services of general interest is not particularly conducive to the development of voluntary rules, with national governments and the new regulators being unwilling, as a rule, to delegate part of their powers to softlaw mechanisms.
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