Chapter 2 The Softening of Hard Law and the Hardening of Soft Law: an Extended Synopsis
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Abstract
This chapter contextualizes ‘soft’ and ‘hard’ law in the history of the development of international law. After exploring the ways that ‘soft’ law developed out of soft power, this chapter addresses three main points: (i) whether the ‘soft/hard’ distinction has been theorized at all, (ii) if so, whether this has undergone any paradigm shifts, and (iii) whether this all applies to the Anthropocene era marking anthropogenic harm to the planet, mainly through climate change. In making these points, the chapter explores the critiques of soft law, focusing on the ways that it is binding (or not binding), and the relationship between the Anthropocene and ‘soft’ law. It enumerates the unique challenges of climate change and examines how ‘soft’ law is specially situated to adapt and address them.