Construction Of International Soft Law Under The Perspective Of Connectivity

Currently,the world economy is facing great changes and adjustment.With the increasingly globalized economic background,the integration process among different regions is getting increasingly rapid.Meanwhile in China,President Xi put forward the Belt and Road initiative so as to adapt to this trend of economic cooperation.As the major task of Belt and Road initiative,achieving "connectivity" is the most significant step to realize this great initiative.Now the objective of achieving "connectivity" has gained international recognition.In the existing legislation system,nevertheless,many problems involved in "connectivity" could not been solved within the system of international hard law.Therefore it is necessary to study the legal safeguard which could ensure the realization of "connectivity" in China.This thesis endeavors to reveal the absence of treaty(main source of international hard law)in the "connectivity" objective by analyzing the predicament of international hard law in this objective.It also discussed the limitations of traditional international law when dealing with predicament.It is those limitations which brings possibility to the researches on soft law.Moreover,this paper studies the reasons of the invalidity of other international law sources under the "connectivity" objective,which further proves the necessity of international soft law.Discussion then centers on the advantages of soft law in the process of achieving"connectivity" by probing into its definition,characteristics,categorizations and effects.Comparisons with traditional international law and the existing cases help strengthen the feasibility of international soft law.Besides,this paper talks about the practices of international soft law construction and its enlightenment to China.It first analyzes forms of soft law in Europe,U.S.and other countries with a global perspective.In this way could we get revelations on the methods other countries adopt and problems in advancement of soft law.Then it analyzes the construction methods of the soft law in China under the "connectivity" objective.It further talks about the enlightenment of the construction of international soft law under this objective from aspects of infrastructure construction and financing.In the last chapter of this thesis,construction of international soft law under"connectivity" objective is discussed.And it put forward the basic principles of soft law under the "connectivity" objective.Under the guidance of those principles,it explores the elements of the form of soft law.Combined with their respective advantages,it makes suggestions on the construction of international soft law.