SOFT LAW AS A CO-OPTIVE FORCE

  • Melinda Pál

Abstract

Soft law is a widely discussed category in the international law literature. As the principal international actors, states often resort to extralegal norms in order to avoid the disadvantages which are, in their view, usually connected with the creation of legally-binding commitments. This paper views these non-binding international arrangements as concurrences, which are not binding by the intention of their author, and presents their advantages, highlighting the flexible, convenient nature of soft law, which can introduce different degrees of normative intensity or may be an element of rational choice. Finally, the study puts forward this category as a co-optive force, similar to the instruments of soft power. Non-binding documents have the ability to indicate where new regulatory hubs were formed as well as to shape the customary law, the binding rules and the public opinion as the study shows through its case study on the role of artificial intelligence in the age of technology.

Published
2021-09-19
How to Cite
Pál, M. (2021). SOFT LAW AS A CO-OPTIVE FORCE. Köz-Gazdaság - Review of Economic Theory and Policy. Retrieved from http://retp.eu/index.php/retp/article/view/1366
Section
Articles