«SOFT LAW» IN THE INTERNATIONAL SYSTEM: TO THE QUESTION ABOUT ITS CONTENT AND FUNCTIONS
Journal Title: Правова держава - Year 2018, Vol 31, Issue
Abstract
The article deals with the category “soft law”, which is increasingly used in the processes of international relations regulation. Different views on the essence and content of “soft law” have been analyzed, and kinds of norms that can fall into this category have been individuated. The author considers the main reasons why “soft law” is becoming an increasingly widespread regulator of international relations, determines its functions at the present stage of the development of the international system. It is concluded that in order to preserve the dichotomous approach to understanding the law, norms that are contained in sources of international law, for example, in international treaties, should not be classified as a “soft law”. The importance of the role of soft law in the processes of international lawmaking and, in general, in the regulation of international relations is underlined.
Authors and Affiliations
O. O. Nigreieva
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