The Role and Functions of the Mechanisms of Soft Law in International Public Law Discourse. Remarks against the Background of the Opinions of the Venice Commission
The Role and Functions of the Mechanisms of Soft Law in International Public Law Discourse. Remarks against the Background of the Opinions of the Venice Commission

Summary/Abstract: The aim of the paper is to create an updated typology of soft law. It places soft lawamong mechanisms of a rather moral, sociological and political origin. This doesnot mean that it is completely irrelevant in legal terms, but the inclusion of theregulations of soft law in the framework of a “normative system” does not deserveto be taken into account i.a. due to the character of soft law (i.a. formulating theregulations in a general, imprecise manner, the uncertainty of introduced instruments,the lack of an obligatory force to implement them). This paper indicates theroles played by soft law in the international public law discourse. It also presentsdifferences in their consideration on the grounds of the international law (includingthe Community law) as well as the internal law. Out of the whole catalogue ofindividual functions and tasks of soft law, special heed should be taken of theco-ordinating role of the mechanisms of soft law. Against this background, thepaper makes a categorisation of the opinions of the Venice Commission in the frameworkof soft law. This is because they show the typical features of the mechanismsof that law: they play a binding role, relatively clarifying the international law,they are based on the undisputed authority of the creating entity. However, theyare not subject to the forced implementation of them. In the conclusions of thepaper, a chance, but also a fundamental threat related to the conduct of the internationallegal discourse on the basis of the mechanisms of soft law were indicated.

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