The Philosophy of Soft Law and Its Problems in Contemporary International Law

The soft law reflects the ability of the international community to develop mechanisms for the production of legal rules. This law constitutes one of the fundamental issues in which there have been great variations and differences at the level of doctrinal trends to try to identify aspects related to its concept, elements, characteristics, and applications, and an attempt to get the most critical obstacles and challenges that still exist in the face of recognition. The international judiciary has taken to acknowledging it in many cases and recognizing its effects on the issues it deals with, then international organizations started dealing with it as an existing law. The importance of this research is that it attempts to present an unprecedented jurisprudential study within the framework of contemporary international law research for the term Soft Law and extracts all the data related to its legal structure. This research was divided into two sections, the first one included the conceptual crisis of the term. The second section covered the basic problems arising from the existence and recognition of soft law. We concluded that soft law is a set of rules of conduct of an international character that has its obligatory state that is consistent with its nature. It is an entry point for the development of international law and an element for enriching theories of international commitment.