Flexible International Law: An Analytical Study of Definition, Subjectivity, and Applications

Abstract

Flexible law is not legally binding, but it possesses a moral, ethical, and political obligation. This latter characteristic often compels states to adhere to it. These laws are of paramount importance within contemporary international law because they bridge the gaps inherent in rigid or inflexible laws. They also serve as a preliminary stage, establishing certain principles that can evolve into solid rules in the future.

Flexible law employs a range of tools, the most important of which are international declarations, guidelines, codes of conduct, and resolutions issued by the General Assembly and other United Nations bodies. As mentioned above, these tools play a crucial role in addressing the changes and developments occurring in the international arena, which rigid rules often fail to address or resolve.

It is worth noting that flexible law has been the primary reason for the adoption of many binding legal rules in various fields, particularly within the framework of international human rights law and international environmental and sustainable development law.