What are the differences between soft law and hard law in international litigation?

Soft law and hard law are two different types of laws that are used in international litigation. Soft law is generally less binding than harder law and is usually created through negotiations, soft law is also known as a source of “promissory obligation”, meaning it is less binding, more easily changed, and can include ethically binding resolutions. Soft law also gives more flexibility for countries to create a further understanding and agreement between two or more parties. Hard law is a much more binding type of law that is made up of codes, treaties, statutes, and other binding regulations. It is made up of very concrete terms and usually has a set time frame. Hard law is difficult to break due to its binding nature and it is much less likely to be subject to change compared to soft law. In Alaska, the laws for international litigation are largely based on hard law. Codes and statutes are created by the state legislature and courts of law have the authority to interpret and enforce the laws outlined. The state also has treaties with various countries that are signed by both parties and are legally binding. Overall, both soft law and hard law are used in international litigation and they each have their own advantages and disadvantages. Soft law is generally less binding and provides more flexibility while hard law is more concrete and more difficult to change. In Alaska, the majority of international litigation is based on hard law regulations created by the state legislature and enforced by the courts of law.

Related FAQs

What are the differences between local court proceedings and international proceedings?
What is a lis pendens and how can it be used in international litigation?
How can a party obtain jurisdictional discovery in an international court?
What is a forum non conveniens and what factors should be considered in international litigation?
What is a writ of mandamus and when can it be used in international litigation?
What is a default judgment and when can it be used in international litigation?
What is a motion to compel and when can it be used in international litigation?
What are the differences between a temporary and a permanent injunction in international cases?
What is a stay of proceedings and how can it be used in international litigation?
How do different jurisdictions view the enforcement of foreign judgments?

What are the differences between soft law and hard law in international litigation?

Related FAQs

Related Blog Posts