Published: 2022-12-30

The use of soft law to raise binding force

Jakub Chrostek
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2022.22.4.09

Abstract

The subject of this article is the use of soft law to raise binding force, and its aim is to identify and evaluate the ways in which soft law may [be applied to increase binding force. The article addresses the question of how soft law may become binding.

Understood as a specific political obligation, soft law often turns out to be as effective as the standard of hard law. Undoubtedly, this state of affairs is influenced by the fact that in international terms, soft law has a tendency to “harden.” As a result of the analysis I carried out, I conclude that soft law acquires binding force due to the will of the parties or to the usual practice in the approach to the particular matter regulated by soft law. In particular, there are two mechanisms which tend to “harden” soft law. First, when the adoption of a soft law act is the first step in the process of concluding a binding act of international law, in which the act refers to the principles and standards contained in the preceding soft law sources. Secondly, soft law acts may change or influence the current practice and lead to the emergence of new customary law in international terms. Soft law can also set a model for national legislation and thus become binding in domestic law, while still remaining soft law on the international arena.

Keywords:

soft law; binding force; hard law; international law

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Citation rules

Chrostek, J. (2022). The use of soft law to raise binding force. Zeszyty Prawnicze, 22(4), 183–208. https://doi.org/10.21697/zp.2022.22.4.09

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