Soft law
Soft law is a term for non-binding agreements , letters of intent, or guidelines. In contrast to hard law , which the parties involved are obliged to enforce, soft law is a less strict self-commitment, although this does not necessarily imply ineffectiveness.
The designation as a soft law has been criticized for its reduced binding force, as it is only with the mandatory standard commands of the hard law to the category Law ( Law IN QUESTION).
Soft law is found primarily in the international area, but has also found its way into corporate governance .
Significance under international law
Despite the lack of formal binding effect z. B. the resolutions of the UN General Assembly , but also declarations on the occasion of international conferences or resolutions of other organizations, these can contribute to the creation of customary law as similar expressions of will of a large number of states. Accordingly, especially in the late 1960s, the demand arose that the resolutions of the General Assembly should be granted a more far-reaching binding effect.
In developing countries in particular, there was talk of a law-generating international consensus, which would lead to the spontaneous or immediate creation of customary law or so-called soft law, i.e. at least law that is emerging with effect for all states ( erga omnes effect ). Although this thesis has never been recognized by all states, individual resolutions of the General Assembly certainly played a major role in the relatively rapid emergence of customary law - a thesis that has also been confirmed by the International Court of Justice . In addition, such resolutions are also repeatedly used to interpret mandatory international law ( ius cogens ).
Another example of recognized soft law are the recommendations of the FATF on combating money laundering internationally . The effects of the politically discussed migration pact are disputed. In view of the lack of binding effect on states, this is also referred to as soft law.
literature
- Otto Kimminich , Stephan Hobe : Introduction to International Law , 7th edition, Tübingen, 2000, p. 166 ff.
Web links
- Gunnar Theißen: There is also that in international law: "Softies and obsessives" FU Berlin , 2000
- Legal acts and soft law - Soft Law Deutscher Naturschutzring , EU coordination, Brussels 1x1, accessed on August 11, 2016
- Jürgen Schwarze: Soft Law in the Law of the European Union . In: EuR 2011, pp. 3–18.
- Lawrence Solum: Legal Theory Lexicon: Soft Law . In: Legal Theory Blog. 3rd February 2019.
Individual evidence
- ↑ Julia Richter: Soft Law as a bridge builder between economy and health protection? Archive of International Law , Volume 52, Issue 4 (December 2014), pp. 545–565.
- ↑ Walther Burckhardt : The imperfection of international law , 1923
- ↑ Barcelona Traction Fall, Feb. 5, 1970, ICJ Reports, p. 32
- ^ Andreas R. Ziegler : Introduction to international law. Stämpfli Verlag AG, Bern 2006, p. 69
- ↑ Stefan Talmon: And what do you get from the migration pact, interview . In: Die Zeit (Ed.): Die Zeit . December 6, 2018, p. 7 .
