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

Hard law and soft law are two types of international legal frameworks. Hard law is binding legal rules that are enforced and enforced by courts. This includes international treaties, regulations, and laws passed by governments. It generally offers more certainty and predictability than soft law because it is binding and must be followed. Soft law is more flexible and is not legally binding. It can include regulations, guidelines, and declarations that are not always enforceable. Soft law works on the principle of consensus building, meaning it is based on a cooperative approach and usually involves the participation of multiple parties. The main difference between hard law and soft law is that hard law is legally binding and must be followed, whereas soft law is not binding and is more flexible. Hard law is more strictly enforced than soft law, and is more likely to be followed than soft law. Hard law is often used to address international issues that require legal certainty and consistency, while soft law is more suitable for international issues that require flexibility and consensus. For example, the United Nations Convention on the Law of the Sea is an example of hard law, while the International Conference on the Law of the Sea is an example of soft law. In international litigation, when there is no hard law or the existing hard law is not applicable or enforceable, soft law may be used. This can be useful in helping to resolve disputes or disagreements without having to go to court, as it eliminates the need for a court to decide on the matter.

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

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