The concept of international soft law: The problem of definition and different approaches

The emergence of international soft law as a doctrinal construct has generated profound debates concerning the sources theory of international law. However, a comprehensive understanding of this concept requires an examination not solely within the framework of legal sources but also through its sociopolitical underpinnings and its instrumentalization as a means for the progressive development of international law. Accordingly, this thesis conducts a three-tiered analysis of international soft law: (1) its conceptual and theoretical foundations, (2) its sociopolitical context, and (3) debates on its instrumentalization. The first section explores definitional challenges, interrogates competing conceptual approaches, and situates the concept within the general theory of law. In this context, the analysis seeks to clarify the implications of situating the concept between law and non-law. The second section examines the concept through the transformative shifts in international legal theory, the post-WWII heterogenization of the international community, and the increasing interdependence among states. These analyses are of particular importance for revealing the nature of the concept, and without such background knowledge, it does not seem possible to properly understand international soft law. The third section demonstrates that soft law is regarded not only as a natural outcome of a broader transformation, but also as a strategic instrument employed by certain actors to guide the progressive development of international law. It then proceeds to examine the criticisms directed at this instrumental approach. The assessments demonstrate that soft law is a multidimensional construct with both juridical and sociopolitical implications. Debates surrounding it are intrinsically tied to the contemporary functions of international law, as well as the strategic orientations of legal scholars and practitioners. Consequently, the concept exhibits a dynamic nature, continually shaped by the evolving structures of international law and relations.