Monday, February 3, 2020

The Role of Soft Law in Contemporary International Law-Making Essay

The Role of Soft Law in Contemporary International Law-Making - Essay Example Treaty represents an agreement concluded by different countries and enforced by action. Soft Law is formed according to the state’s experience and pays much attention to the sense of obligation. Soft law in its turn represents the third source that appeared not very long ago. The top priority of this law is the protection of human rights, environmental protection, and preservation of ethical principles. It is essential to note, that contemporary international legislation is both treaty and soft and both sources efficiently function, resolve international controversies and regulate the relations between countries. Studying the literature in order to prepare the investigation it is possible to make a conclusion that the 20th century is characterized by essential development of the international legislation, and notwithstanding those treaties now is the main source, it is possible to say that both ethical principles and treaty are really efficient, can work together, and in addition, treaties can help create new principles in international legislation. It is still not known, what source is more efficient, but it is quite clear that treaty can’t and should not be more reliable that ethical principles which were generated by the society and accepted by it Studying the literature on the topic, one can I believe, that treaty, customary and soft law should function together and the choice depends on the case. Both soft and treaty law are very efficient in regulating international. Thus, taking into account that different sources of international law usually work together and are not taken separately, sometimes it is not possible to decide what source is more efficient. Therefore, the thorough investigation of the sources will be implemented in the given study.

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