Phenomenology of the Genesis of Soft Law in the Framework Normative System of International Law

AbstractMost often, normative hierarchy in legal systems is based on a certain source of which a norm originates. It is typical in each domestic system that the fundamental values of society are given a supreme position within Constitution; such norms will be prioritized in case of conflict with others. Within the decentralized international system, each state interprets its obligations in an equal manner with others; and it chooses the necessary tools to fulfill its obligations. Therefore, we witness the slow progress of consensus on path to generation of hard norms in the form of traditional sources has severely undermined the capacity to respond to contemporary challenges in practice. With the initiative of international law scholars and the contributions of the World Assembly, A move has been embarked from the origin of traditional international law, which stringently distinguishes between law and non-law, to the destination of modern international law, during which owing to the necessity of time requirements, soft law outstrips the exclusive position of classical resources to furnish the required grounds for global responsiveness to pervasive issues such as climate change. This paper securitizes the means and quality of penetration of the relativity stemming from soft law in the realm of hard law.Keywords: Relativity, Soft Law, Hard Law, Non-law