A Study Of The International Soft Law In The Cooperation Mechanisms Of The Belt And Road

In the context of the global economic slowdown and the emergence of counter globalization,the Chinese government put forward the Belt and Road Initiative,which not only embodies the firm determination of the Chinese government to push ahead with the deepening of reform and opening up,but also continuously promotes the process of globalization,promotes the orderly conduct of international exchanges,and promotes the rule of law in the democratization of international relations.These great measures will realize a more just and rational development of the international community.The construction of cooperation mechanism is the proper meaning of the implementation of the Belt and Road Initiative,and has become the focus of attention of Chinese international law scholars.International soft law has played an important role in the current course of the construction of the Belt and Road cooperation mechanism.Therefore,it is the main content of this article to study the basic concept,main body,form and effectiveness of international soft law in the Belt and Road cooperation mechanism.On this basis,it gives some suggestions to improve the effectiveness of international soft law and the Countermeasures of the Chinese government to improve the implementation mechanism of international soft law.The Belt and Road Initiative has become a hot topic in domestic research.However,the research from the perspective of international law is not systematic and in-depth,especially on the phenomenon of international soft law.Theoretically,the study of this issue can provide theoretical support for the construction of the Belt and Road cooperation mechanism and deepen the study of international soft law.In practice,we can improve the role of international soft law in the Belt and Road cooperation mechanism,and promote the implementation of the Belt and Road initiative.The proposal of the Belt and Road initiative has a profound historical and historical background.It has given the new connotation of the ancient Silk Road and surpassed the Marshall plan and the new Silk Road plan of American.The construction of the Belt and Road cooperation mechanism is based on the existing multilateral,bilateral and regional cooperation mechanisms,aiming at creating a community of human destiny and innovating the traditional mode of international economic cooperation.International soft law is an important part of the Belt and Road cooperation mechanism.With the emergence of global problems,international soft law has become an important tool of international governance,which has attracted scholars' in-depth research.Most scholars think that international soft law is a part of international law and put forward the concept of international soft law.In the Belt and Road cooperation mechanism,we should advocate the mixture theory of the two principles of soft law and hard law.The creation of international soft law is not limited to national and international organizations in the Belt and Road cooperation mechanism.NGOs and cross government networks can also become the main body of creation.There are also various forms,such as international declaration and joint communiqué.Memorandums of understanding,technical standards of international organizations and model laws can all be manifestations of international soft law.We can learn from APEC and G20 models in the path of creation.Compared with international hard law,international soft law has a wider scope of subjects,a more flexible form and more inclusive content,which better meets the needs of international cooperation for the international system.International soft law has the function of leading,complementing and reconstructing in the interaction with international hard law,and has been well reflected in the relevant practices of international human rights law,international environmental law,international financial law and the European Union.The prominent problems of international soft law are embodied in the effectiveness and implementation of international soft law in the Belt and Road cooperation mechanism.External and internal factors such as power politics,interest distribution and fragmentation of international law restrict the effectiveness of international soft law.In building the Belt and Road cooperation mechanism,we must establish the concept of community of human destiny,eliminate the narrow national interests view,improve the formulation mode of international soft law,and guarantee the realization of substantive democracy,so as to better play the effectiveness of international soft law.In the implementation of the international soft law,we should overcome the shortcomings of the China ASEAN cooperation mechanism.With the guidance of the process management theory and the successful practice of the "non compliance mechanism",we should strive to improve the implementation mechanism of the international soft law in the Belt and Road cooperation mechanism.