Hard and Soft forms of Globalisation Essay

968 Words Nov 4th, 2013 4 Pages
Legal elements that make UNCITRAL a SOFT GLOBALIZATION Tool
Before starting the discussion on UNCITRAL as a soft globalization tool, it is necessary to understand the concept of soft law and hard law.
“Soft Law” Nonbinding legal principles are often referred to as soft law. They are of normative nature and are applied only through voluntary acceptance. They are established legal rules that are not positive and therefore not judicially binding (i.e Hard Law).
“Hard law refers to legally binding obligations of the States that are precise and that delegate authority to interpret and implement the law while soft law refers to legal arrangement where one or more of the dimensions of obligation, precision or delegation have been
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Thus, these texts are widely acceptable as offering solutions appropriate to different legal traditions and to countries at different stages of economic development . Quite often UNCITRA offers alternative rules among which the concerned State may pick up those solutions which it thinks best suit its internal situation.
All of the legal elements mentioned above do not bind the States and are meant to provide an improved legal framework to facilitate international trade with due regard for local laws. This fact makes UNCITRAL a tool for soft globalization. Difference between soft form (UNCITRAL) and hard form (WTO) of Globalization
Soft Form (The UNCITRAL)
Hard Form (The WTO)
UNCITRAL texts are non-binding (except for conventions) (soft law)
WTO agreements are binding (positive law)
No need for ratification
Require ratification
Often offer alternative rules
No alternative rules are offered
No dispute settlement mechanism
Provides dispute settlement mechanism
Private international trade law
Public international trade law
Does not deal with inter-state trade issues
Deals with inter-state trade – trade policy issues
Purpose is to provide an improved legal framework acceptable to both the civil and the common law

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