TRANSITION OF BINDING FORCE IN CONTEMPORARY INTERNATIONAL LAW: OVERCOMING THE CLASSICAL SOURCES PARADIGM AND RECOGNIZING INDIRECT ENFORCEMENT MECHANISMS

Abstract

The study departs from the classical theory of sources of international law to demonstrate that resolutions, declarations, and recommendations, although traditionally classified as soft law, can acquire normative force. It aims to analyze their capacity to produce legal effects through indirect enforcement mechanisms. A qualitative method is adopted, with a structuralist and deductive approach. The results indicate that such instruments influence the formation of custom, strengthen international accountability, and expand normative effectiveness in complex global contexts, requiring a reformulation of the traditional concept of normativity. Finally, it is considered that recognizing the legal force of these instruments contributes to the legitimacy, effectiveness, and adaptability of international law in the face of contemporary challenges