From Soft Law to Hard Law: Legal Transitions and Sustainable Challenges in the Italian Agri-Food Sector

Abstract

The transition from soft to hard law is reshaping global agri-food governance, particularly in relation to sustainability and corporate responsibility. This article analyzes this shift by examining two regulatory approaches: voluntary instruments such as the OECD-FAO Guidance for Responsible Agricultural Supply Chains and binding EU directives like the Corporate Sustainability Due Diligence Directive (CSDDD) and the Corporate Sustainability Reporting Directive (CSRD). Using a qualitative and interpretive methodology, the study combines a literature review and two case studies (Nicoverde and Lavazza) to explore the evolution from soft law to hard law and the synergies and analyze how these tools are applied in the Italian agri-food sector and how they can contribute to improving corporate sustainability performance. Findings show that soft law has paved the way for more rigorous regulation, but the increasing compliance burden poses challenges, especially for small and medium-sized enterprises (SMEs). These cases serve as virtuous examples to illustrate how soft and hard law interact in practice, offering concrete insights into the translation of general sustainability principles into corporate strategies. A hybrid governance framework—combining voluntary and binding tools—can foster sustainability if supported by coherent policies, stakeholder collaboration and adequate support mechanisms. The study offers practical insights for both companies and policymakers navigating the evolving legal scenario.