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Non-Binding Norms in International Humanitarian Law - Efficacy, Legitimacy, and Legality (Hardcover)
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Non-Binding Norms in International Humanitarian Law - Efficacy, Legitimacy, and Legality (Hardcover)
Series: Oxford Monographs in International Humanitarian & Criminal Law
Expected to ship within 12 - 17 working days
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This monograph examines and analyses the phenomenon of non-binding
instruments (also known as 'soft law') in the law of armed
conflict, or international humanitarian law. In the past 30 years,
there have been several non-binding instruments created, designed
as either 'best practice' guidelines, or (re)statements of
applicable law. These instruments are not treaties, but they
nevertheless put themselves forward as authoritative statements of
what the law is and, in some instances, what the law should be.
Soft law instruments can be dynamic, prompt, and responsive
measures to address pressing issues in armed conflicts. By drawing
on the skill of a small group of experts, these instruments can be
debated and drafted in a timelier manner than if these issues were
to be left to the international community of 194 States to resolve.
Furthermore, because these instruments do not have to be sent for
debate to an international conference of States, it means that the
provisions are not subject to the usual revisions, reservations,
and dilutions that come with attempting to reach consensus.
However, there are potential and actual problems with these
instruments and the processes that bring them to fruition, and how
they are received in practice by States and other stakeholders.
This volume looks at the benefits and drawbacks for States and
non-State actors with regards to soft law, whether they are
effective additions to the law of armed conflict, analysing the
development through the lens of theories of legitimacy and legality
in international law.
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