Using Care With Reliance On Soft Law
Soft law is attractive because it often contains aspirational goals that aim for the best of possible scenarios. However, the language in many soft law documents can be contradictory, uncoordinated with existing legal commitments and potentially duplicative of existing legal or policy processes. Another key point is that negotiating parties are not blind to the potential lying in stealth in soft law. If a negotiating party feels that soft law has a potential to turn into something binding down the track, this will negatively influence the negotiation process, and soft law instruments will be watered down and hemmed in by so many restrictions that there is little point in creating them.
Nevertheless, the reliance on soft law continues and it is unlikely that its use will fade; it is far more likely to be relied on in greater amounts as it also serves as a "testing ground" for new, innovative ideas that policy formulations are still being worked out for in a world of rapid change and future upcoming contentious challenges such as climate change.
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Famous quotes containing the words care, reliance, soft and/or law:
“I don’t mind their having a lot of money, and I don’t care how they employ it,
But I do think that they damn well ought to admit they enjoy it.”
—Ogden Nash (1902–1971)
“Beautiful credit! The foundation of modern society. Who shall say that this is not the golden age of mutual trust, of unlimited reliance upon human promises? That is a peculiar condition of society which enables a whole nation to instantly recognize point and meaning in the familiar newspaper anecdote, which puts into the mouth of a distinguished speculator in lands and mines this remark:M”I wasn’t worth a cent two years ago, and now I owe two millions of dollars.””
—Mark Twain [Samuel Langhorne Clemens] (1835–1910)
“The soft engravings which adorn the annuals give no idea of a stream in such a wilderness as this.”
—Henry David Thoreau (1817–1862)
“Nor has science sufficient humanity, so long as the naturalist overlooks the wonderful congruity which subsists between man and the world; of which he is lord, not because he is the most subtile inhabitant, but because he is its head and heart, and finds something of himself in every great and small thing, in every mountain stratum, in every new law of color, fact of astronomy, or atmospheric influence which observation or analysis lay open.”
—Ralph Waldo Emerson (1803–1882)