„Омекшавањем права“ ка међународној владавини права?
By „Softening the Law“ Towards International Rule of Law?

Summary/Abstract: In this paper the author analyses possibility of elevating the rule of law concept to international level. Considering its flexibility and the fact that it is an open- ended phenomenon, the rule of law becomes more and more disputable, especially when it is displaced from national to international context. Although the term of international rule of law is usually taken for granted, it is arguable if rule of law could even exist in international law environment, regarding the lack of standard sanction mechanisms, overall infrastructure of global law, belief that the international law does not have full legal obligation and specificity of its legal sources. The author emphasizes that spreading of soft law concept, which is most commonly used in international law, becomes true challenge for rule of law, especially for the principle of legality. Although soft law consists of formally not binding legal norms, it has very strong impact on national governments and general public. Main characteristic of soft law, like flexible governance style, is tendency to its transformation into hard law. That way soft law leaves space for discretion and political influence, and in the same time tends to become formally obliging.

• Details
• Contents