ซอฟต์ลอว์: การพัฒนากฎหมายรูปแบบใหม่ในการกำกับดูแลภาคเอกชน

Soft Law: The Development of a New Legislation to Regulate Private Sectors

Abstract

In recent decades, many countries have increasingly developed soft law. Soft law is a new legislation to regulate private sectors, emphasizing the use of alternative or support tools to hard law, which is the regulation of the states in the form of traditional command and control legislation. Soft law aims to increase the diversity of the instruments to regulate the private sector. The development of soft law is based on the concern to obtain ways to increase the efficiency, legitimacy and transparency of the private sector's operations. These alternative instruments include self-regulation and co-regulation, which are commonly referred to as "soft law". This article aims to provide an understanding of what these concepts mean in the context of the current social situation. It describes the context in which soft law has been used, and discusses the advantages and limitations of the use of "soft law". In addition, the article discusses the relationship between soft law and self-regulation and co-regulation.