Soft law instruments such as declarations, guidelines, directives, and codes of conduct significantly influence international human rights law. This chapter examines their functions, effects, and the interaction between soft law and customary or conventional norms. It discusses how soft law instruments contribute to the development and implementation of human rights norms, providing flexibility and adaptability. The chapter also explores the challenges and limitations of soft law, including issues of enforceability, legitimacy, and consistency. It highlights the role of soft law in complementing and reinforcing customary and conventional human rights norms, and the need for a comprehensive approach to integrate soft law into the human rights framework.

This chapter explores the role of customary norms, general principles of international law, and jus cogens in forming human rights law. It discusses the importance and challenges of integrating noncodified sources into the human rights framework. The chapter examines how customary international law and general principles of law contribute to the development and application of human rights norms. It also discusses the concept of jus cogens and its role in establishing fundamental human rights norms that cannot be derogated. The chapter highlights the challenges in identifying and applying noncodified sources of human rights law and the need for a comprehensive approach to integrate these sources into the human rights framework.