Soft Law and Hard Law in International Law

LLM International
Law and Institutions

Table of Contents
INTRODUCTION ..........................................................................................................................2
TASK ..............................................................................................................................................2
Soft law and Hard Law:..............................................................................................................2
Distinction between Soft law and Hard law: ..............................................................................4
Why soft law is favoured and preferred over Hard law:.............................................................5
Ellie's argument on Soft law and its distinction from Binding International law:......................6
CONCLUSION ...............................................................................................................................8
REFERENCES..............................................................................................................................10

INTRODUCTION
International relations are legalized by rules and thus it refers to the law which governs
the international space by creating binding and non-binding instruments. This type of law
regulates the conduct and functioning of different states and nations which possess world-wide
personality. The main subjects of global law are the states on whom it is applied. The collective
action of states is needed for solving the problems which concern a maximum no. of states at any
given point of time(Alford, 2021). The various customary laws and treaties form a part of the
International law. This has led to the different circumstances and the development of two
different types of laws under it known by the name of soft law and hard law. The following
project will cover in detail about the meaning and nature of soft law and hard law, differences
between them, their context in international sphere and why soft law is preferred and favoured. It
shall also cover Ellie's argument discussed in her paper on the distinction between the soft law
and binding international law.

TASK
Soft law and Hard Law:
In the international context, Soft law refers to all those agreements and principles which
are not binding by law while on the other hand Hard law refers to declarations and agreements
which are binding legal obligations on the states. Thus hard law is enforceable while soft law is
not.
To further explain,
Soft law contains international instruments which are not legally binding wherein it
includes treaties which are called as legal soft law and different resolutions or statements which
are called as non-legal soft law. It is useful in the time when legal obligations and negotiations
cannot work and provides solution when people do not agree to the laws. But this law is required
to be in written form. Straightforward resolving can happen and coordination can be achieved
with this type of law(Baxi, 2020). States also choose to adopt soft law when they are uncertain of
the rules and they also choose them because they are easier and efficient than any official
dialogue. Soft law more importantly refers to the commitment of states in certain sectors
altogether and thus this law thus represents certain type of promises which give rise to
expectations among the members of international community. It clearly differs from the binding
instruments because it constitutes conformable action. This law is preferred because legal
binding agreements increase the cost of violations and thus cooperation is looked at as the better
option. It is referred to as final arrangement that takes place between the states which does not
make legal boundations on the parties of law. The letter of intent which is presented to the parties
in an agreement is not binding on them, it clearly makes an understanding which is common
among them and is clearly presented. These reasons make a state distinctly believe that why
they should prefer soft law over hard law (Block-Lieb, 2018).
Hard laws are type of agreements which are lawfully binding on the people. It in a way
provides states on the international level with responsibilities which are legally binding on them
and thus creates obligations on them. Boundation in hard law must be authoritative. The
international treaties, United Nations Resolutions and customary laws form the sources of the
hard laws. These make the enforcement of the instruments legal. Thus it implies legal
consequences when the rules and regulations provided are not complied with by the states on the
global level. There is a need for clear understanding of the international law so that there is no