The Implications of Soft Law: Internationally Ineffective Environmental Law
Neeki Kaivan Arkian
The increasing environmental issues facing our world require strong legal structures to guarantee the preservation of the global ecosystem. International Environmental Law (IEL) has emerged as a major discipline and legal framework in these endeavours, offering a system of legal regulations and principles, such as the principle of sustainable development requiring states to take action to preserve the environment and advance sustainable development. The prevalence of soft law, which consists of non-binding instruments which lack enforceability, greatly undermines the effectiveness of IEL notwithstanding its ambitions. This article explores the difficulties that arise from the application of soft law in the field of IEL and the resulting lack of responsibility of powerful states. Evidence will contend that the prevalence of soft law not only obstructs the achievement of environmental objectives but also enables influential nations to avoid their obligations, thereby weakening global environmental governance. A review of the case law and literature supports this analysis.
This article examines the fundamental limits of soft law, such as its voluntary character and the lack of enforcement tools, to emphasise the insufficiency of present techniques in tackling urgent environmental concerns. Additionally, it examines the possibility of converting non-binding agreements into legally binding ones, in order to increase the responsibility of nations and guarantee the efficacy of IEL in protecting the environment. Further examination of existing international environmental regulations will outline ways in which IEL might adapt to effectively tackle increasing global environmental risks.
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