Effects of a Soft Law: An Overview of the Implementation of the UNSCR 1325 in the EU and the Western Balkans

Abstract

As the variegation of soft law increases, so we witness a growing number of soft law instruments – resolutions, guidelines, recommendations and the like – being adopted and implemented. The idea behind soft law is to assist governance through flexible problem solving, considering that soft law instruments produce legal and practical effects that are beyond judicial control. These pages focus on the effects of UN Security Council Resolution 1325 (SCR 1325) that is considered a UN soft law instrument given that it was not adopted under the Security Council’s Chapter VII mandate and the Security Council has no enforcement power thereover. In a narrower sense, this paper examines the implementation of Resolution 1325 in the EU and select Western Balkan countries. Specifically, the paper offers a contrasting of the particular National Action Plans for its implementation in Croatia, Bosnia and Herzegovina, and the EU’s Strategic Approach to the EU implementation of the United Nations Security Council Resolutions 1325 and 1820 on women, peace and security. The comparison of objectives, fundamental terms and civil society involvement will serve as a platform for drawing conclusions on the relevance and the effects of Resolution 1325 in the said countries and the EU.