Criticism of soft law
What law does BEST is take life’s complexity and make it into binary oppositions/workable notions
Best when binding Klabbers (95, as discussed in Chinkin)
COMMODIFICATION of int’l law – use when it’s useful, ignore when it’s not and use something else
Examples of soft law
Helsinki Final Act of 1974 (93) – best example of soft law
35 european governments gathered to create three sets/baskets of principles
Expressly understood to be legally nonbinding, but have been invoked to challenge nonconforming behavior by other states.
REFERENCED in Georgia EU Report as if it was BINDING.
GA resolutions, administrative decisions by agencies of international organization, codes of conducts, interpretive statements regarding treaties
World Bank attempts to create nonbinding guidelines re: FDI