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10 Manchester J. Int'l Econ. L. 362 (2013)
Soft Law-Making on Development: The Millennium Development Goals and Post-2015 Development Agenda

handle is hein.journals/mjiel10 and id is 380 raw text is: Manchester Journal of International Economic Law Volume 10, Issue 3: 362-381, 2013 Soft Law-making on Development: The Millennium Development Goals and Post-2015 Development Agenda Xuan Li* ABSTRACT: International society has witnessed a proliferation of soft law instruments in international law-making, such as UNGA resolutions, inter-State declarations, codes of conduct, and voluntary guidelines. Drawing on the experience of the development and implementation of the Millennium Declaration adopted by the UNGA in 2000 and the subsequent Millennium Development Goals adopted in 2005 - one of the most significant soft law-makings in terms of coverage and participation - this article provides reflections for the ongoing formulation of a subsequent soft law, i.e. the Post-2015 Development Agenda, sheds light on the following questions. Why has soft law been frequently chosen among a variety of instruments available to development law-making? What are the functional attributes and deficiencies of soft law? What is the effectiveness of soft law in terms of implementation? What are the gaps of soft law as instruments for international governance? How can soft law be made more accountable and effective? 1. INTRODUCTION International law-making is a complex and dynamic process characterized by the use of different instruments, including both 'hard' and 'soft' law. In the last half century, international society has witnessed a proliferation of soft law instruments in international governance. According to the United Nations (UN), there are more than 210 Conventions, Declarations and other instruments adopted in Resolutions of the General Assembly (GA) since 1946, and the majority of these instruments have taken the format of Declarations, Principles or Guidelines, which are typical forms of soft law.' For instance, among the 50 instruments that have been adopted by UNGA Resolutions since 2000,2 only 17 have taken the form of Conventions, while the remaining 33 instruments have been concluded as * Dr. iur., Research Fellow, World Trade Institute, Switzerland. The views and opinions expressed in this article are that of the author and do not reflect the position of the organization. I would like to acknowledge the valuable comments from Dr Xuan Gao and other anonymous reviewers. Needless to say, all remaining errors are the sole responsibility of mine. ' UN, 'Conventions, Declarations and Other Instruments Found in General Assembly Resolutions (1946 onwards)', <www.un.org/depts/dhl/resguide/resins.htm> accessed 15 December 2013. 2 Ibid. 362

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