A REVIEW OF THE ROLE OF SOFT INSTRUMENTS IN INTERNATIONAL ENVIRONMENTAL LAW

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Hacettepe Hukuk Fakültesi Dergisi
Cilt: 15 Sayı: 2
A REVIEW OF THE ROLE OF SOFT INSTRUMENTS IN INTERNATIONAL ENVIRONMENTAL LAW

A REVIEW OF THE ROLE OF SOFT INSTRUMENTS IN INTERNATIONAL ENVIRONMENTAL LAW

Authors : Sarkawt Jalil

Pages : 824-868

Doi:10.32957/hacettepehdf.1672865

View : 223 | Download : 91

Publication Date : 2025-08-31

Article Type : Review Paper

Abstract :This legal review will attempt to test the climate change law in terms of hardness and softness. It will deploy a content analysis method in order to approach the very deep and direct meaning of the environmental laws, treaties, and rules in general and those related to climate change in particular. It will present examples of environmental hard and soft law instruments to show an overview of the law as it is. Then it will accordingly test the relevant climate change rules to find out their nature in terms of the three elements of hardness: obligation, precision, and delegation. It will conclude that such a legal system reflects the very basis of the current world in its political and social dimensions, such as globalization and fragmentation, and it aims to demonstrate that climate change law needs a new level of normativity with sufficient potential to achieve it.
Keywords : İklim değişikliği, Antroposentrizm, Çevre, Sert hukuk, Yumuşak hukuk

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