The study wants to affirm the idea of the substantial extraneousness of soft law to law and to highlight its intrinsic contradiction in view of the characteristics of rigidity and compulsory nature of law understood in its positive sense. The notion of soft law is the elaboration of internationalist doctrine, and different and antithetical points of view can be identified on it. The doctrine is divided between formalists who do not recognize its usefulness and existence and the substantialists who identify rules and norms contained in instruments without form and binding legal force and yet capable of influencing the behavior of its recipients.
Soft law e (in)certezza del diritto con particolare riguardo all’ordinamento dell’Unione europea
Lucia Anna Valvo
2020-01-01
Abstract
The study wants to affirm the idea of the substantial extraneousness of soft law to law and to highlight its intrinsic contradiction in view of the characteristics of rigidity and compulsory nature of law understood in its positive sense. The notion of soft law is the elaboration of internationalist doctrine, and different and antithetical points of view can be identified on it. The doctrine is divided between formalists who do not recognize its usefulness and existence and the substantialists who identify rules and norms contained in instruments without form and binding legal force and yet capable of influencing the behavior of its recipients.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
