
Contents
-
-
-
-
-
-
-
-
-
-
I. Introduction I. Introduction
-
II. What Is Soft Law? II. What Is Soft Law?
-
A. Soft Law Defined A. Soft Law Defined
-
B. Types of Soft Law B. Types of Soft Law
-
C. Advantages and Disadvantages of Hard and Soft Law C. Advantages and Disadvantages of Hard and Soft Law
-
-
III. Why Is Soft Law Used III. Why Is Soft Law Used
-
A. Soft Law to Elaborate Existing Law A. Soft Law to Elaborate Existing Law
-
B. Soft Law to Adopt Policies and Practice That Could Lead to Hard Law B. Soft Law to Adopt Policies and Practice That Could Lead to Hard Law
-
C. Soft Law as a Mechanism to Fill a Gap in the Law C. Soft Law as a Mechanism to Fill a Gap in the Law
-
-
IV. How to Measure Implementation IV. How to Measure Implementation
-
A. Expressed Political Commitment A. Expressed Political Commitment
-
1. Montreux Document 1. Montreux Document
-
2. Political Declaration on EWIPA 2. Political Declaration on EWIPA
-
3. Tallinn Manuals 3. Tallinn Manuals
-
-
B. Organizational Implementation B. Organizational Implementation
-
1. Montreux Document 1. Montreux Document
-
2. Political Declaration on EWIPA 2. Political Declaration on EWIPA
-
3. Tallinn Manuals 3. Tallinn Manuals
-
-
C. Budgetary Commitment C. Budgetary Commitment
-
1. Montreux Document 1. Montreux Document
-
2. Political Declaration on EWIPA 2. Political Declaration on EWIPA
-
3. Tallinn Manuals 3. Tallinn Manuals
-
-
-
V. Conclusion V. Conclusion
-
-
-
-
-
-
-
-
-
-
5 Soft Law: What Is It Good For?
Get access-
Published:May 2024
Cite
Abstract
International law is increasingly using quasi-legal documents, such as political declarations, guidelines, manuals, and codes of conduct instead of legally binding instruments. These “soft law” instruments, which possess no legal force and do not contain a coercive mechanism, are nevertheless implemented and gain acceptance by international law actors. This chapter looks at the role of soft law and explains how it has the power to impact international humanitarian law. It addresses how soft law is defined and viewed by those who work in international law. It explores why States and other actors use soft law studying three examples, namely, the Montreux Document and Code of Conduct to address private military contractors; the Tallinn Manual, which addresses cyber issues; and the Political Declaration on the use of explosive weapons in populated area to address civilian harm. Finally, this chapter discusses a way to measure the effectiveness of soft law instruments.
Sign in
Personal account
- Sign in with email/username & password
- Get email alerts
- Save searches
- Purchase content
- Activate your purchase/trial code
- Add your ORCID iD
Purchase
Our books are available by subscription or purchase to libraries and institutions.
Purchasing informationMonth: | Total Views: |
---|---|
May 2024 | 5 |
June 2024 | 21 |
July 2024 | 20 |
August 2024 | 17 |
September 2024 | 9 |
October 2024 | 27 |
November 2024 | 12 |
December 2024 | 16 |
January 2025 | 22 |
February 2025 | 10 |
March 2025 | 10 |
April 2025 | 7 |
May 2025 | 5 |
Get help with access
Institutional access
Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:
IP based access
Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.
Sign in through your institution
Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.
If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.
Sign in with a library card
Enter your library card number to sign in. If you cannot sign in, please contact your librarian.
Society Members
Society member access to a journal is achieved in one of the following ways:
Sign in through society site
Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:
If you do not have a society account or have forgotten your username or password, please contact your society.
Sign in using a personal account
Some societies use Oxford Academic personal accounts to provide access to their members. See below.
Personal account
A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.
Some societies use Oxford Academic personal accounts to provide access to their members.
Viewing your signed in accounts
Click the account icon in the top right to:
Signed in but can't access content
Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.
Institutional account management
For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.