ABSTRACT
II. T h e F o r m s a n d C o n t e n t o f So f t E n v i r o n m e n t a l L a w The examples provided earlier illustrate that much of “soft” law is incorporated within “soft” (/.&, non-binding) instruments such as recommendations and resolutions of international organizations, declarations and “final acts” published at the conclusion of international conferences and even draft proposals elaborated by groups of experts.It is thus generally understood that “soft” law creates and delineates goals to be achieved in the future rather than actual duties, programs rather than prescriptions, guidelines rather than strict obligations. It
III. T h e L e g a l E f f e c t o f E n v i r o n m e n t a l So f t L a w Two different sets of problems must be considered with respect to a discussion of the legal impact of international environmental “soft” law. The first set of problems concerns the question of the influence of “soft” law on the general international law-making process. How and under what conditions do some “soft” norms become compulsory?The second set of problems is twofold: even before their evolution into “hard” laws, do existing “soft” regulations have any influence on the definition of the content of international law? If so, does this have any impact on the international responsibility of States for the commission of wrongful acts?Again, it should be clearly noted that the international law of the environment is explored and used as an example here merely because it provides a fertile ground for analysis and not because it is a field in which “soft” law presents any particular theoretical or technical problems.
