Soft Law Y La Teoría De Las Fuentes Del Derecho
by Baldassare Pastore
pp. 75-89 Issue 1 (1,1) – January-June 2014 ISSN (online): 2539/2239 ISSN (print): 2389-8232
Abstract
Soft law concerns rules of conduct which, in principle, have no legally binding force but which nevertheless may have practical effects. The article examines this notion in the light of the relationship between legal sources and interpretation. Soft law refers to a range of phenomena related to legal positivization and interpretative practices in the field of international law, EU law and national law. Soft law performs various functions, traveling in tandem with hard law. Soft law plays a role in legal order, which shows a gradual differentiation of its normativity.