Soft Law

Soft law is a term for non-binding agreements, letters of intent or guidelines. In contrast to hard law, to its completion, the parties undertake binding, provides the soft law is a less strict self- bond, this does not necessarily imply ineffectiveness.

The designation as a soft law has been criticized from various sides, as it strictly speaking is only hard law at the Law category.

Soft law is to be found primarily in the international arena, but has also found its way into the corporate governance.

International legal statements

Despite the lack of formal binding effect, for example, the resolutions of the UN General Assembly, but also by declarations made at international conferences or decisions of other organizations they can contribute on similar exhortations a variety of states to the formation of customary law. According arose V.A. in the late 60s, the requirement that the resolutions of the General Assembly a further binding effect should be given. Especially in developing countries was here to speak of a right -producing international consensus that the spontaneous or immediate creation of common law or so-called soft law, ie at least in the emergence of lead begriffenem law with effect for all states ( erga omnes ). Although this theory has never been recognized by all states have individual resolutions of the General Assembly certainly significant contribution to the relatively rapid emergence of customary law - a thesis which is also confirmed by the International Court of Justice. In addition, such resolutions are also repeatedly used for content description of mandatory international law.

Swell

• International law