"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
- Sergei Yur'evich Poyarkov
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