Rethinking the Concept of Soft Law: Passing from Norm’s Frames to Norm’s Effects in International Law

BackgroundIn the traditional approach, the relation of the subjects of law is either lawful or unlawful. In light of this approach mathematical logic governs the field of law. As a result, the norms governing the relations of the subjects either comes from the field of law or from outside this field.Materials and MethodsThis is a theorical inquiry and its methods are descriptive-analytical and the gathering of data is done by the library method and referring to documents, book and articles.Ethical ConsiderationsIn all steps of writing this inquiry, while observing the authenticity of the texts, honesty and fidelity have been observed.FindingsBy passing of time and postmodernism prevailing on the relations of the subjects of law, the traditional approach faces fundamental challenges, because in postmodernism, fuzzy logic is governing. This caused the raising of the following problem amongst jurists: it is possible that the behavior of the subjects of law influenced by postmodernism and fuzzy logic is contained in a spectrum of different modes and the gap between the lawful and the unlawful is filled with the concept of soft law.ConclusionIn the field of law, norms are of two elements, binding and adherence. The norms of soft law, while are not binding for the subjects of law, they are obeyed for many different reasons. In simpler terms, while not having a binding framework, the effects of legal norms, i.e. their adherence regulates the relations of the subjects of law.

کلیدواژه ها:

Soft Law ، Framework Approach ، Consequentialism ، Legal Sources