SOFT LAW V. HARD LAW

Hard law refers to actual binding legal instruments and laws. In contrast with soft law, hard law gives States and international actors actual binding responsibilities as well as rights. ... In international law, hard law includes self-executing treaties or international agreements, as well as customary laws.

 The term soft law is used to denote agreements, principles and declarations that are not legally binding. ... Hard law refers generally to legal obligations that are binding on the parties involved and which can be legally enforced before a court.

Soft law was perceived as a way to establish a consensus of norms between members of an agreement that could later be codified through binding law. ... In the environment area, soft law is usually subsequent to treaties, and is used as a way to flesh out less clearly defined principles in the treaty text.

The term "soft law" refers to quasi-legal instruments which do not have any legally binding force, or whose binding force is somewhat weaker than the binding force of traditional law, often contrasted with soft law by being referred to as "hard law".^[1] Traditionally, the term "soft law" is associated with international law, although more recently it has been transferred to other branches of domestic law as well.

In the context of international law, the term "soft law" covers such elements as:

• Most Resolutions and Declarations of the UN General Assembly
• Elements such as statements, principles, code of practice etc.; often found as part of framework treaties;
• Action plans (for example, Agenda 21, Financial Action Task Force Recommendations);
• Other non-treaty obligations

European Union and the Council of Europe

The term "soft law" is also often used to describe various kinds of quasi-legal instruments of the European Union: "codes of conduct", "guidelines", "communications" etc. In the area of law of the European Union, 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. The resolutions and recommendations of the Council of Europe are also soft law. These represent the views of the Parliamentary Assembly of the Council of Europe, but are not legally binding for the 47 member states.

By contrast, the European Union directives are legally binding. The conventions of the Council of Europe are also legally binding for those countries which choose to ratify them, but countries are not forced to ratify them.