On The International Soft Law

Soft norms of international law, also known as soft law, refer to the norms in which there is no legally binding effect, however there exist the actual rules of conduct in principle. Soft law norms as a form of expression, the concept first appeared in the field of international law. It rarely finds itself in other areas. But with the rise of public governance and the fast development of globalization, the international norms are emerging in many areas and have been used very well, especially in the international economic and trade, international environmental protection, information technology, human rights protection and other fields. International soft norms did not get the attention of scholars at the very beginning who insisted that the specification does not have the force of mandatory binding and it can not be called laws. However, with the wide use of soft norms in a wide range fields, more and more scholars gradually change their indifferent attitude towards international soft norms, instead they turn their attention to the research of soft norms. Thus, soft norms show vitality. With the gradual expansion and the deepening research on international soft norms, an increasing number of scholars affirm the existence of soft norms, as well as the meaning and their positive effects.Although international law in maintaining international order has played an important role for a long period, however, there are still shortcomings which could not be avoided in the traditional international law. Firstly, there are many complex issues waiting for being solved in the international exchanges, and this law can not be regulated. The international community is not ready-made solutions to use. Secondly, there exist national ideology, ideas and concepts, such as the difference of social reality in the implementation of the provisions of international law, relevant treaties. If the resistance force encounters the words of the implementation, it meets backfire. Thirdly, the development of international law is a very long process, not in a timely manner in response to changeable international in reality. The main reason is that every country will not make concession when defending their countries' national sovereignty and interests. In this circumstance, the traditional international law can not play its due role. Compared to the traditional norms of international law, hard, soft norms of international concern is the debate controversial issues of national consensus on a particular, unique soft norms of openness, participation, responsiveness, flexibility, reduce negotiation obstacles to an economic and political deadlock to reach a compromise, but will leave its binding consultations and discussions in the future. The diversity and flexibility of soft norms can also be a complement to the role of hardware specifications to a large extent. What is more, the soft specification can also penetrate into the aspects of which the hardware specifications ignored in the negotiation process.This thesis combines an integrated method with comparative approach to the norms of international law, soft background, evolution, current situation, the basic concepts of software specifications, standardized software and hardware specifications of contact, soft forms and norms of the functions of software specifications aspects described. The introduction of soft international law norms in the formation of the main case study approach is adopted in order to be able to describe the international form of soft norms much more clearly.Strengthening the research of international soft norms could help us understand more accurately the nature of international law. To a further step, the function of international law could be realized much more effectively. What is more, it plays a role which could not be substituted by the traditional international laws, especially its role in building a harmonious international relationship and maintaining international order in modern times when the theme is development and peace...