Hard law represents rules that are binding and precise and delegate the power either to explain or adjudicate to third parties. Soft law, on the other hand, does not have a status of a binding rule but nonetheless influences the behavior of public. The literature still debates whether the hard and soft law are either complementary or antagonistic. Especially with development of EU, we can see that soft law has gained momentum. We will see more soft law in the areas of uncertainty or in areas where the changes are day-to-day occurrence or where soft law usually paves the way for the hard law.

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Hard Law

  • Katarina Zajc

摘要

Hard law represents rules that are binding and precise and delegate the power either to explain or adjudicate to third parties. Soft law, on the other hand, does not have a status of a binding rule but nonetheless influences the behavior of public. The literature still debates whether the hard and soft law are either complementary or antagonistic. Especially with development of EU, we can see that soft law has gained momentum. We will see more soft law in the areas of uncertainty or in areas where the changes are day-to-day occurrence or where soft law usually paves the way for the hard law.