Abbot & Snidle

Hard Legalization

Legally binding obligations that are precise and delegate authority for interpretation and implementation.

Soft Legalization

Legal arrangements weakened along dimensions of obligation, precision, and delegation.

Advantages of Hard Law

Reduces transaction costs, strengthens commitment credibility, expands political strategies, and resolves incomplete contracting problems.

Disadvantages of Hard Law

Limits actors' freedom and autonomy, involves commitment to legal norms.

Advantages of Soft Law

Offers advantages of hard law, avoids some costs, provides flexibility, and is more effective in dealing with uncertainty.

Factors Influencing Hard vs Soft Law

Transaction costs, uncertainty, implications for national sovereignty, divergence of preferences, and power differentials.

Contracts vs Covenants

Contracts further interests while covenants manifest normative commitments.

Credible Commitments

Essential for welfare-enhancing cooperation, increased commitment credibility can constrain self-serving interpretations.

Reducing Transactions Costs

Legalization facilitates interpretation, application, and elaboration of rules, setting bounds on disputes.

Sovereignty Costs

Costs incurred by states when accepting binding legal obligations, which may include a loss of authority.

Uncertainty in International Agreements

Many issues are new and complex, leading to challenges in anticipating consequences and may require reducing precision.

Soft Law as a Tool of Compromise

Facilitates negotiation and provides flexibility in achieving agreements between states.

Role of Private Actors

Nonstate actors influence international agreements, with dynamics shaped by pluralist interactions, public choice, and statism.

Future of International Legalization

The trend may not necessarily continue towards harder forms; soft law remains a significant element.