A Reflection on the Legal Nature of Soft Law Instruments in International Law; with an Emphasis on the ILC’s Report on Non-Legally Binding Agreements

Ajeli Lahiji, Mahshid; Hosseini Azad, Seyed Ali

doi:10.22034/iruns.2025.516289.1172

A Reflection on the Legal Nature of Soft Law Instruments in International Law; with an Emphasis on the ILC’s Report on Non-Legally Binding Agreements

Document Type : Original Article

Authors

Mahshid Ajeli Lahiji ¹

Seyed Ali Hosseini Azad ²

¹ PhD in International Law, Faculty of Law and Political Science, Allameh Tabatabaei University, Tehran, Iran. (Corresponding author)

² ** PhD in International Law, Faculty of Law and Political Science, Allameh Tabatabaei University, Tehran, Iran.

10.22034/iruns.2025.516289.1172

Abstract

This article examines the legal nature of non-binding instruments in international law, with a particular focus on the International Law Commission's (ILC) report on non-binding agreements. In recent years, states have increasingly preferred using non-binding instruments over binding treaties due to their greater flexibility, confidentiality, immediacy of effect, and their capacity to facilitate the gradual development of international norms. However, identifying the legal status and implications of such instruments remains complex. In 2022, the ILC placed this topic on its long-term agenda and appointed Mr. Mathias Forteau as Special Rapporteur in 2023. In this study, using a descriptive-analytical method, it is examined that the first report essentially centers on clarifying terminology and distinguishing binding agreements from non-binding ones. The report also addresses the potential legal effects of non-binding agreements. Although these instruments do not create binding obligations under international law, they may still have legal relevance—for example, by contributing to the formation of customary international law or influencing the interpretation of treaties and understanding the legal character and potential effects of non-binding international agreements is essential to prevent unintended consequences in international relations.

Keywords

Non-binding Agreements

International Law Commission'

s Report

Legal Nature

Obligations

Legal Effects