Book contents
- International Human Rights Law
- International Human Rights Law
- Copyright page
- Dedication
- Contents
- About the Authors
- Acknowledgments
- Note on the Text
- Table of Cases
- Abbreviations
- Part I Foundations of International Human Rights Law
- Title 1 Theoretical Elements of International Human Rights Law
- Title 2 Normative Pluralism in International Human Rights Law
- 5 The Treaty-Based Structure of International Human Rights Law
- 6 Nonconventional Formation of International Human Rights Law
- 7 Judicial Decisions as a Primary Source of International Human Rights Law
- 8 The Place of Soft Law Standards in International Human Rights Law
- Title 3 The Relationship Between International Human Rights Law and Other Branches of International Law
- Part II The Machinery of International Human Rights Law
- Part III The Interpretation of International Human Rights Law
- Part IV Remedies and Implementation of International Human Rights Decisions
8 - The Place of Soft Law Standards in International Human Rights Law
from Title 2 - Normative Pluralism in International Human Rights Law
Published online by Cambridge University Press: 10 April 2025
- International Human Rights Law
- International Human Rights Law
- Copyright page
- Dedication
- Contents
- About the Authors
- Acknowledgments
- Note on the Text
- Table of Cases
- Abbreviations
- Part I Foundations of International Human Rights Law
- Title 1 Theoretical Elements of International Human Rights Law
- Title 2 Normative Pluralism in International Human Rights Law
- 5 The Treaty-Based Structure of International Human Rights Law
- 6 Nonconventional Formation of International Human Rights Law
- 7 Judicial Decisions as a Primary Source of International Human Rights Law
- 8 The Place of Soft Law Standards in International Human Rights Law
- Title 3 The Relationship Between International Human Rights Law and Other Branches of International Law
- Part II The Machinery of International Human Rights Law
- Part III The Interpretation of International Human Rights Law
- Part IV Remedies and Implementation of International Human Rights Decisions
Summary
Soft law instruments such as declarations, guidelines, directives, and codes of conduct significantly influence international human rights law. This chapter examines their functions, effects, and the interaction between soft law and customary or conventional norms. It discusses how soft law instruments contribute to the development and implementation of human rights norms, providing flexibility and adaptability. The chapter also explores the challenges and limitations of soft law, including issues of enforceability, legitimacy, and consistency. It highlights the role of soft law in complementing and reinforcing customary and conventional human rights norms, and the need for a comprehensive approach to integrate soft law into the human rights framework.
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- International Human Rights LawA Treatise, pp. 92 - 110Publisher: Cambridge University PressPrint publication year: 2025