Hard law versus soft law in international law
Hard law versus soft law in international law

Summary/Abstract: The use of hard law and soft law instruments in international relations has led to the need to clarify the relationship between them, the advantages and disadvantages of each category of instruments, but also their effectiveness in the relations between the subjects of international law. In the doctrine of international law, the term hard law refers to binding international legal instruments, while the term soft law includes non-binding international legal instruments. In the analysis and delimitation of the two concepts (hard law and soft law) we start from the research of the sources of international law, especially the content of Article 38 of the Statute of the International Court of Justice (ICJ). However, research into traditional mechanisms for drafting international law, ie the list of sources of international law listed in Article 38 of the ICJ Statute, must take into account that they have not evolved at the same pace as international law. Therefore, a reassessment of traditional sources is needed.

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