Role of Soft Laws with relation to Harmonisation and Creating Uniformity for International Trade Law - Coursework Example

 International conventions are often used as tools for the harmonization of laws globally. It is important to under the differences between a convention and a soft law, and it would be ideal to understand the impact or effect of hard laws (conventions) and soft laws. Hard laws would also include international agreements, treaties, and other international laws. Hard laws would also include international agreements, treaties, and other international laws. On the other hand, soft law is soft in its application and tries to resolve a problem rather than create a rigid law. Most of the hard laws or conventions would apply in a regulatory manner, whereas a soft law would be deregulatory. Hard laws do not consider the issues with application and may be imposing and binding on the various parties applicable. On the other hand, soft laws would be more often guides rather than binding on the concerned parties and sometimes optional.

Hence, parties have a breathing space to consider applying these laws to the best of their interest. A soft law may encompass not only the area of law but also other areas and other supportive areas, whereas hard laws would only act on legal areas and not on others. Though soft laws promote self-regulation, they seek a principled and logical approach to international lawmaking. Soft laws are more binding on the concerned parties as they are a commitment that is made through negotiations. A soft law would to a very minimal extent by authorities.

On the other hand, hard laws are established by the authority and enforceable on anybody who is doing international trade. It is also important to note that soft laws with time may evolve into hard laws, or may influence the parties who are performing trade to become more compliant with the hard law practices. Soft laws can be considered as bridges between no commitments and commitments that are legally binding3. Unification and harmonization have been considered a principle in various legal systems since the Roman Empire. Today commercial law between major trading nations is done through the uniform boy of commercial laws5 and many of the sovereign nations are adopting these regulations6.