Comments on the Normative Challenge of Environmental 'Soft Law'
The Transformation of International Environmental Law, 61–71 (Yann Kerbrat & Sandrine Malijean-Dubois ed., 2011)
13 Pages Posted: 27 Feb 2013
Date Written: 2011
This paper describes the increased presence of non-binding soft law in international environmental law and begins by listing the possible uses of a “non-binding normative instrument.” Next, the paper describes the relationship between soft law and customary international law and notes that soft law may result in subsequent codification of those principles or interpret existing treaty obligations. The paper then contemplates why states are utilizing soft law in international environmental law and discusses issues regarding compliance with non-binding soft law. The paper concludes that the complicated nature of the international system prevents a prediction of the extent to which states will use and enforce hard or soft law.
Keywords: soft law, international law, environmental law
JEL Classification: K32, K33
Suggested Citation: Suggested Citation