Sustainable Tourism Law

174 SUSTAINABLE TOURISM LAW International Conventions, International custom, the general principles of law and judicial decisions and the teachings of the most highly qualified publicists of the various nations. Do all these sources involve Soft Law? We must consider that Soft Law is not in the catalogue of traditional sources of International Law. Art. 38 shows a static conception of International Law, which is far from reality. The creation of international standards is a complex process, requiring long periods of time for states to agree on decisions and implement their commitment. Indeed, the development of Soft Law is explained by the structure and development of contemporary society, which is determined by economic, ideological and political elements, in which it is necessary to review the traditional theory regarding the sources of international law and the role and influence of different international organizations 3 . a) Soft Law has no legally binding force but may have certain legal relevance . Soft Law does not have the coercive nature of a Hard Law, as it is an international treaty or a convention and the only mechanism that can grant such a condition is the procedure of incorporation into the domestic law of the States. b) Soft Law provides guidelines and principles with an international, national or regional scope that influence the legislative situation. The character of Soft Law is attributed to the non-binding resolutions of international organizations. They promote principles for the States that only consist of an ethical statement, formulated by objectives and not by detailed and precise rules. c) Their non-compliance does not imply legal consequence or sanction . An interesting element we should highlight in relation to Soft Law is the non-applicability of sanctions as a consequence of non-compliance. Their non-compliance does not imply legal consequence or sanction. In relation to this point, it is necessary to show how reality makes this assertion relative. While Soft Law is not punishable by traditional forms, there is what it is called “soft coercion”, which has its own sanction channels. With increasing frequency and intensity, the different States have been forced to 3 G. ALARCÓN GARCÍA, “El Soft Law y nuestro sistema de fuentes”, en Tratado sobre la Ley General Tributaria , Libro-Homenaje del profesor Alvaro Rodríguez Bereijo, cit.