The Status of Soft Law in International Law and Related Theories

Abstract

The inability to enforce is the most prominent feature mentioned in the legal literature, particularly in public international law, regarding soft law or soft regulations. Soft law refers to rules that are not entirely non-binding but are also not strictly binding. Soft law certainly forms a part of the contemporary legislative process by establishing itself as a coherent and consistent rule that seeks to standardize international order in international law. It does so by transforming into custom and international practice. Thus, the rule that is created acts as a coordinating system, either as a preventive measure against potential harm, as a delegated rule for action in the absence of another rule, or as a common international rule. This article, structured through a descriptive-analytical method and based on a library research approach, seeks to answer the question of which theories underpin soft law and how it transforms into a hard law rule in international law.