"The Pact for the Future" as a "soft" constitutional imperative: analysis of its potential to transform national constitutional orders in the context of the crisis of multilateralism

The modern stage of the development of the international legal order is characterized by a profound crisis of multilateralism, manifested in the paralysis of key institutions, the rise of unilateral initiatives, and the erosion of trust in universal organizations. In this context, the adoption of the "Pact for the Future" by the UN General Assembly in September 2024 represents an attempt to restore collective governance of global risks through instruments that go beyond traditional treaty regulation. The relevance of the study is determined by the necessity to understand how acts of "soft law" can influence national constitutional orders in conditions where rigid mechanisms of international enforcement are blocked by geopolitical contradictions. The analysis of the potential of such documents to form long-term legal standards and expectations without direct legal obligation becomes particularly significant. The subject of the study is the "Pact for the Future" as a special type of international act that combines the features of a program document and a normative guideline. The focus is on its ability to set constitutionally significant values, such as intergenerational justice, digital ethics, and sustainable development. The analysis covers both the substantive elements of the Pact, including the "Global Digital Compact" and the "Declaration on Future Generations," as well as its place in the system of contemporary international law. The methodological basis of the study consists of comparative legal, formal legal, systemic, and historical-legal methods, allowing for a comprehensive analysis of the legal nature and transformational potential of the Pact. The scientific novelty of the work lies in the proposition of an original conceptual category of "soft constitutional imperative," adapted from the theory of global constitutionalism by A. Peters. This category allows for the overcoming of the simplified dichotomy of "hard" and "soft" law and reveals the Pact's ability to perform functions comparable to constitutional prescriptions through mechanisms of legal doctrine formation, judicial interpretation, and legislative transformation. The study confirms that, despite the absence of legally binding nature, the Pact has significant indirect potential to influence national constitutional orders. At the same time, its effectiveness is limited by geopolitical fragmentation, resistance from doctrines of constitutional identity, and the absence of enforcement mechanisms. The conclusions emphasize the dual nature of the Pact: on the one hand, it is the "least common denominator" of compromise among 193 states; on the other, it creates a foundation for long-term normative pressure and dialogue.

Authors

Publication Details

Journal
Международное право и международные организации / International Law and International Organizations
Published
2026-01-01
DOI
https://doi.org/10.7256/2454-0633.2026.1.76525
Primary Topic
Environmental law and policy
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

"The Pact for the Future" as a "soft" constitutional imperative: analysis of its potential to transform national constitutional orders in the context of the crisis of multilateralism

Sergei Yur'evich Poyarkov
Международное право и международные организации / International Law and International Organizations
Environmental law and policy
article

"The Pact for the Future" as a "soft" constitutional imperative: analysis of its potential to transform national constitutional orders in the context of the crisis of multilateralism

Sergei Yur'evich Poyarkov
article en

Abstract

The modern stage of the development of the international legal order is characterized by a profound crisis of multilateralism, manifested in the paralysis of key institutions, the rise of unilateral initiatives, and the erosion of trust in universal organizations. In this context, the adoption of the "Pact for the Future" by the UN General Assembly in September 2024 represents an attempt to restore collective governance of global risks through instruments that go beyond traditional treaty regulation. The relevance of the study is determined by the necessity to understand how acts of "soft law" can influence national constitutional orders in conditions where rigid mechanisms of international enforcement are blocked by geopolitical contradictions. The analysis of the potential of such documents to form long-term legal standards and expectations without direct legal obligation becomes particularly significant. The subject of the study is the "Pact for the Future" as a special type of international act that combines the features of a program document and a normative guideline. The focus is on its ability to set constitutionally significant values, such as intergenerational justice, digital ethics, and sustainable development. The analysis covers both the substantive elements of the Pact, including the "Global Digital Compact" and the "Declaration on Future Generations," as well as its place in the system of contemporary international law. The methodological basis of the study consists of comparative legal, formal legal, systemic, and historical-legal methods, allowing for a comprehensive analysis of the legal nature and transformational potential of the Pact. The scientific novelty of the work lies in the proposition of an original conceptual category of "soft constitutional imperative," adapted from the theory of global constitutionalism by A. Peters. This category allows for the overcoming of the simplified dichotomy of "hard" and "soft" law and reveals the Pact's ability to perform functions comparable to constitutional prescriptions through mechanisms of legal doctrine formation, judicial interpretation, and legislative transformation. The study confirms that, despite the absence of legally binding nature, the Pact has significant indirect potential to influence national constitutional orders. At the same time, its effectiveness is limited by geopolitical fragmentation, resistance from doctrines of constitutional identity, and the absence of enforcement mechanisms. The conclusions emphasize the dual nature of the Pact: on the one hand, it is the "least common denominator" of compromise among 193 states; on the other, it creates a foundation for long-term normative pressure and dialogue.

Международное право и международные организации / International Law and International Organizations(1)
Openalex Percentile: Top 2%
Environmental law and policy
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.