Hard law and soft law

1.     Learn what the terms "soft law" and "hard law" mean:

o    Soft law means commitments made by negotiating parties that are not legally binding.

o    Hard law means binding laws. To constitute law, a rule, instrument or decision must be authoritative and prescriptive. In international law, hard law includes treaties or international agreements, as well as customary laws. These instruments result in legally enforceable commitments for countries (states) and other international subjects.

2.     Familiarise yourself with the types of legal instruments that make up "hard law" in the context of the international legal system:

o    Treaties (also known as conventions or international agreements)

o    Security Council Resolutions

o    Customary international rules

3.     Familiarise yourself with the types of instruments that tend to be soft law instruments:

o    Most UN General Assembly Resolutions and Declarations (see "Tips" below)

o    Statements, principles, objectives, declarations of principles

o    Guidelines, standards

o    Action plans

4.     Be aware that while soft law is not binding in a legal sense, soft law instruments do carry some authority. Soft law instruments are negotiated in good faith by the negotiating parties who hold some expectation that the non-binding commitments will be met as much as reasonably possible. It is important to note that soft law statements often contain aspirational language that inspires reliance on them to improve policy-making in areas such as the environment, sustainable development and human rights.

5.     Realize that soft law can evolve into hard law. An important role of soft law instruments is their ability to influence the future development of hard law commitments. When analysing international law soft law instruments, keep in mind how this useful and innovative aspect of soft law can be a bridge between no commitments and legally binding commitments.