Soft law

From Wikipedia, the free encyclopedia

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 more recently it has been transferred to other branches of law.

In the context of international law, the term "soft law" usually refers to agreements reached between parties (usually states) which do not amount to international law in the strictest sense. 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).

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 indicate how the European Commission intends to use its powers and perform its tasks within its area of competence.