Environmental Law Service

Climate Law Database

Soft law or the hard law enforcement measures?

In general we can choose from two different approaches: the soft law or the hard law. The soft law approach is satisfiable for enforcement the govermental programmes or the political targets, that are depending on the government of the day and on the actual political situation thus these targets are unstable. The main GHG reduction targets should be embodied to the CCA, but the targets itself cannot be enforced upon the government by a legal actions. The advantage of this approach is that it creates a political pressure (not the pressure of law) on the politicians. On the other hand the advantage of the hard law approach is that the CCA targets are legally binding and legally compellable by a legal actions or through judicial review. The penalties can be much more severe than the damaged reputation of the responsible politicians.