A influência da soft law na formação do direito ambiental

Abstract

This paper addresses the issue of the soft law rules in environmental law. It explores the influences of international Law and public opinion in shaping the domestic environmental Law.A specic objective intends to analyze soft law concepts applied to environmental law. International Environment Law, as premised on cooperation and shared responsibility, has little involvement of international or internal judicial organizations, and is composedof several multi-levelled and interacting international and national legal systems. Its development is grounded in principles such as sustainable development, the precautionary principle, international equity, and cultural diversity. The goal is to answer the following questions: What motivates states to endorse soft instruments and instruments with soft content? What is mandatory and enforceable international rules?How to characterize them and make them enforceable under domestic Law? The methodological approach is theoretical foundation through the survey and analysis of the literature on the subject, factual and legal aspects.It is proposed that, as a result, the importance of forming a public sphere within each State, able to generate a public opinion to inuence the governor to take on international commitments that result in soft laws, and that thesesoft laws are internalized in the home legal system.