About The Workshop
SW 30– Soft Law: At the Limits of Law
Convenors: Núnez Vaquero Álvaro- Juan José Iniesta Delgado
Contact: a.nunezvaquero@um.es – jiniesta@um.es
The overarching objective of this special workshop is to advance a systematic understanding of the phenomenon of soft law. Although soft law is not a recent development, it has expanded significantly in recent decades, both at the domestic and international levels, and now plays a central role in legal and regulatory practice.
While philosophers and legal theorists have addressed aspects of soft law, the existing literature remains theoretically fragmented. In particular, contemporary theories of law have not yet offered a fully satisfactory account of how soft law fits within their broader explanatory frameworks. From a practical perspective, moreover, the implications of soft law for legal certainty, democratic oversight, and the rule of law have not received adequate scrutiny.
A central difficulty concerns the use of soft law by international actors, courts, and administrative bodies. Normative theories that focus exclusively on the non-binding character of soft law struggle to explain its role when such instruments are relied upon in judicial reasoning or administrative decision-making. This difficulty is compounded by the heterogeneity of soft-law instruments, including reports, guidelines, advice, and recommendations, which do not neatly fit traditional categories of legal normativity.
At the same time, soft law raises important concerns for legal certainty and democratic legitimacy. Problems of publicity, uncertainty regarding legal effects, and the limited availability of legal controls over content pose clear challenges to liberal conceptions of the rule of law. Yet soft law may also appear more compatible with discursive or deliberative models of democratic governance, in which guidance, coordination, and persuasion play a central role.
Against this background, the workshop aims to explore soft law as a phenomenon situated at the limits of law, examining both its normative significance and its institutional implications.
Topics to be discussed include (non-exhaustively):
– The role of soft law in communicating and coordinating normative expectations
– Soft law as a vehicle for the dissemination of principles and standards
– Advice, recommendations, guidelines, and other non-binding directives
– The role of authority and institutional roles in the operation of soft law
– Risks and challenges for legal certainty and the democratic rule of law.
Prospective participants are invited to submit abstracts (400–500 words) by 15 May to a.nunezvaquero@um.es and jiniesta@um.es. To facilitate discussion, participants are warmly encouraged to circulate a final paper by 12 June 2026.
