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

Soft law and hard law represent two different ways of regulating the international legal system. Soft law is a form of international governance that creates non-binding agreements between states. These agreements outline general principles of conduct or behaviour and have no legal force. They are designed to encourage compliance with international standards and are often created voluntarily by international organisations. Examples of soft law include codes of conduct, international conventions, and declarations. Hard law, by contrast, is the legally binding part of international law. This type of law is created through treaties between states, through international courts, or through the use of customary international law. Hard law outlines specific rules and regulations that all states must abide by, and violations of these laws can result in legal consequences. International litigation involving Massachusetts is governed by both soft law and hard law. Many international organisations have adopted soft law agreements to encourage states to comply with the principles of international law. Additionally, some Massachusetts-specific domestic laws may be applicable, and these are considered to be hard law. International treaties that are ratified by the United States, as well as customary international law, are also considered to be hard law and apply to Massachusetts. Collectively, these two forms of law form the legal framework for international litigation within Massachusetts.

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

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