Abstract
States adopt legally non-binding instruments, such as declarations and codes of conduct, that nevertheless have some legal scope. Some authors classify these instruments under 'soft law', connoting an unclear borderline between law and non-law and, consequently, a gliding bindingness between law and non-law. But, can law be soft?
This article contrasts the 'soft law approach' with international law. The article confirms that international law maintains the borderline between law and non-law in order that it may credibly regulate international society. Furthermore, so-called soft law instruments can actually be classified either inside or outside the sphere of international law. Therefore, the concept of soft law appears to be superfluous. However, it may reveal contradictions, inherent to change of law and tensions between legality and legitimacy in international relations.
Reference:
Ingelse, C., Soft Law?, Polish Yearbook of International Law 20 (1993), pp. 75-90. An abstract is available on the World-Wide Web: http://www.xs4all.nl/~ingel/c.ingelse/softlaw.htm.
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