Overcoming the 'Soft vs Hard Law' Debate in the Development of New Global Health Instruments

Giulia Bosi (Scuola Superiore Sant'Anna),Overcoming the 'Soft vs Hard Law' Debate in the Development of New Global Health Instruments, Opinio Juris (2021):

This contribution begins with a thorough analysis of the use of soft and hard law in the realm of global health law. It then argues that rather than focusing on the a priori debate on which of the two approaches is better suited to tackle global health challenges, in the development of new global health instruments more attention should be paid to: a) how soft and hard law can interact with each other; and b) how to foster respect for the norms, irrespective of whether they are legally binding. In the latter regard, capacity-building, compliance mechanisms and engagement with non-State actors should be given due consideration.