Hard Laws Soft Laws

Obligations

Harder law will have a higher degree of legal obligation, while softer law will have weaker or no legal obligation.

Precision

International law may be written in more or less detailed and precise

while softer law will use more vague, general or abstract wording.
language. Harder law will have a higher degree of precision,

Delegation

Harder law is more likely to delegate interpretation or enforcement to an Softer law is more likely to keep interpretation or enforcement within the parties,
independent third party (like an international court or tribunal). allowing more room for political maneuvering.

Hard law refers to binding laws. In the context of international law, hard law Soft law refers to rules that are neither strictly binding in nature nor completely
includes treaties or international agreements, as well as customary laws. lacking legal significance. In the context of international law, soft law refers to
These documents create enforceable obligations and rights for countries guidelines, policy declarations or codes of conduct which set standards of
(states) and other international entities. conduct. However, they are not directly enforceable.

Hard Law (legally binding)

Treaties (or conventions or agreements)
Custom (Implicit Agreements)
Soft Law (sets standards of conduct but are not legally binding)
Generally recognized principles of law. [generally fills in gaps not
Declarations
already filled by treaty or custom]
2. Principles contained in Treaties such as The Parties have a right to,
They are mostly used to identify basic rules of procedure..(e.g.
and should promote sustainable development from Article 3 of the
evidence is admissible)[use of EIAs]. They are not to be confused with
Climate Change Convention
principles of International Environmental Law which are contained
either in treaties or which may be distilled from treaties)
Judicial decisions and the teachings of the most qualified

Sources of international hard law:
Treaties (also known as conventions or international agreements)
United Nations Security Council Resolutions
Customary International Law
In the context of international law, the term "soft law" covers such elements
as:
Most Resolutions and Declarations of the UN General Assembly
Elements such as statements, principles, codes of conduct, codes of
practice etc.; often found as part of framework treaties;
Action plans (for example, Agenda 21, Financial Action Task Force
Recommendations);
Other non-treaty obligations