This volume explores explore the roles of soft law in both established and emerging human rights regimes, building on a thorough analysis of relevant case studies. This volume claims that a better understanding of how soft law shapes and affects different branches of international human rights law may not only provide a more dynamic picture of the current state of international human rights, it may also help to unsettle and critically question certain political and doctrinal beliefs. The importance of these questions is not just theoretical but also practical. Hence, the book also aims to serv ... More

This volume explores explore the roles of soft law in both established and emerging human rights regimes, building on a thorough analysis of relevant case studies. This volume claims that a better understanding of how soft law shapes and affects different branches of international human rights law may not only provide a more dynamic picture of the current state of international human rights, it may also help to unsettle and critically question certain political and doctrinal beliefs. The importance of these questions is not just theoretical but also practical. Hence, the book also aims to serve as a guide to human rights practitioners and inform strategic decision-making by surveying the ways in which soft law has been used in concrete cases and by discussing factors that influence the weight accorded to soft law in various contexts. Following two introductory chapters that present the general conceptual framework, the book is divided in two parts. The first part focuses on cases that examine the role of soft law within ‘developed’ human rights regimes (i.e. regimes where there are established hard law standards), its progressive and regressive effects, and the role that different actors play in the incubation process. The second part focuses on the role of soft law in emerging areas of international law, where there is no substantial treaty codification of norms. Chapters in this part examine the relationship between soft and hard law, the role of different actors in formulating new soft law, and the potential for eventual codification.