La presencia del Soft Law en el derecho administrativo colombiano : los documentos Conpes como manifestación del Soft Law en Colombia Thesis

short description

  • Master's thesis

Thesis author

  • Medina Gonzalez, Karen Adriana


  • International law, as the administrative law of each state is linked to the universal purpose of the law. However, the influence of the international community in the legal affairs of States is generating, with the rise of globalization, mechanisms or instruments that no tax form but persuasive, state powers are defining. These instruments have the function to order the areas of validity of such legal powers and internal administrative, through forms of international declarations by soft legal rules called soft law. The wide and varied use of soft law on issues such as human rights and the environment poses a challenge to the traditional theory of sources, inspired by the will of States, which are from its state sovereignty (hard law) . This suggests a legal dichotomy, where the soft law is contrasted with the legal rules that define specific obligations of hard law, ie, are more open or rules or general principles in its content and meaning, being understood as smooth. In this case, the Soft Law poses an openness to internationalization and democratization of administrative law. The increasing adoption of soft law instruments of international or global influence allows the participation of non-state actors, such as non-governmental organizations (NGOs) actors and civilian objects in the construction of policies and instruments that sometimes acquire more legitimacy than the laws created to address such issues.

publication date

  • 2016-08-22


  • Conpes
  • Globalization
  • Hard Law
  • International administrative law
  • Soft Law

Document Id

  • 6443c462-edd0-4632-854c-8003fb1d6783