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soft law

 

Definitions from the Web

Soft Law

Definition:

Soft law refers to non-binding and persuasive legal instruments that do not have a legally enforceable effect but still influence and guide behavior in various fields.

Senses and Usages:

  1. International Law:
  2. In the realm of international law, soft law consists of declarations, resolutions, or guidelines adopted by international organizations that are not legally binding on the member states. These instruments can serve as a framework for cooperation and can influence the development of customary international law.

  3. Domestic Law:
  4. In domestic legal systems, soft law can refer to non-binding principles, guidelines, or best practices that provide guidance for the interpretation and application of laws. These non-binding instruments are often used in areas where specific regulations may be impractical or where flexibility is desired.

Examples:

  • International Law:
  • The Universal Declaration of Human Rights, although not legally binding, serves as an important soft law instrument that outlines basic human rights principles.
  • Domestic Law:
  • The industry self-regulatory code of conduct is a soft law instrument that encourages businesses to abide by certain ethical guidelines.

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