THE ROLE OF SOFT LAW IN SHAPING INTERNATIONAL ENVIRONMENTAL GOVERNANCE: BALANCING FLEXIBILITY AND LEGAL OBLIGATIONS FOR GLOBAL SUSTAINABILITY

Abstract

The concept of environmental soft law has become increasingly central to the development of international environmental regulation, especially as global environmental challenges such as climate change and biodiversity loss intensify. This doctrinal research explores the evolution and impact of non-binding international agreements, declarations, and norms, tracing their role from early 20th-century environmental initiatives to more contemporary instruments like the Rio Declaration. While traditional treaty law (or "hard law") has long governed state behavior, soft law offers flexibility in addressing scientific uncertainty, political complexity, and competing state interests. The study examines how soft law norms, though unenforceable, shape state behavior and influence the creation of binding legal instruments, emphasizing their crucial role in fostering international cooperation on environmental issues. The paper also explores the intersection of soft law with sustainability, illustrating how soft law principles facilitate a global framework for sustainable development in an increasingly interconnected world.