Research On Soft Law Governance For Regional Trade Dispute Resolution

Although international law as a tool for establishing a regional economic and trade order law,but as the global economy and regional political complications,solving regional trade dispute caused new challenges by the lack of system and fragmentation of international law,how to make use of soft law and hard law interaction to achieve the re-factoring of regional economic order,and dealing with the complex new regional trade disputes become the current problem to be solved.When facing of Asia-Pacific Economic Cooperation,the Association of Southeast Asian Nations and China’s “one belt one road” initiative,which such management rules and policies content intertwine,we should accept the soft law has the theoretical independence,and reference to the participation of soft law that brings the current success of in regional trade governance mode.Also,we need to by maintaining the existing international rules to change the original idea and dependent path,and promoting the improvement of regional economic and trade law environment,and applying the carrot and stick,rigid-flexible economic mechanism of the hybrid method of play rules of soft law value to realize the regional trade framework reform,then take advantage of soft law to promote China’s initiative in the trade dispute solution.Based on the method of legal explanation and comparative study,this paper discusses the value of soft law in regional dispute settlement with the method of case analysis,and from the analysis of regional dispute settlement mechanism of the concept of soft law and the essence soft law.Then on the basis of comprehensive analysis of the functions and characteristics of soft law and background is investigated the feasibility of soft law in regional economic and trade,the paper focus on the settlement and the path of implementation,and analytic research status on the value of soft law and the advantages of soft law governance,and on the basis of above discussion to participate in the construction of regional soft law in China,and exploring the ideas of governance mechanism and the method of realization.In addition to the introduction and conclusion,this paper is divided into four parts:The first part summarizes the basic problems of the value of soft law.After the basic concept of soft law combing clearly affirmed in this paper,the concept of soft law has relativity with hard method,evaluate the value of soft law,which as a national consideration after fully rethink of their own interests through equal consultation between countries and ask for the universally acceptation and following,and attract the maximum range of members to participate in the legislation and decision-making procedures so as to improve efficiency,enhance mutual trust and promote common development.This part emphasizes the auxiliary legislative function of soft law,which not only provides more space for transnational actors to reach consensus on appropriate behaviors,but also provides fuzzy language form and "soft" binding force to countries,so that soft law can be outstanding in the field of regional trade dispute settlement.At the same time,the discussion on the value of soft law is essentially a discussion and supplement to the vacancy of soft law theory and the marginalization of identity.The second part from three aspects are the function of example,the function of transit,and the function of reconstruction,which expound the challenges and development opportunities of soft law in regional trade from two perspectives of the increase of international organizations and the international community’s emphasis on free will.And comparative analyses the shortcoming of the hard law and soft law advantage: compared to hard method proposed in the treaty for the establishment of strict and complicated,soft law making process more convenient rapidly,its flexibility and convenience are more accord with national commitment from the benefit and cost considerations,combined with the high efficiency of soft law can make regional disputes can be solved by more quickly and directly,although it is not necessarily requires the country’s legislature for approval,but the diversity of its laws and the execution characteristics make it become indispensable in the regional trade law dispute solution.Soft method presented in this paper to solve regional trade disputes in the independent value of common focus on economic and trade fields as regional development,on the basis of reflection in the developed world advocated by the new trade rules in the theory and the practice has failed to fully consider the special requirements of developing countries,how to use the soft law construction to meet the demand of developing countries of new trade dispute settlement mechanism,and consider the possibility of the industry standard management which may be introduced into domestic law.Making the hard and soft approach to complement each other hybrid governance mechanism,and ensuring each country in the regional trade dispute settlement get a more reasonable and fair deal is the core problem discussed in this section.The third part discusses the necessity and realization path of soft law in solving regional trade disputes.Through the analysis of the current regional trade dispute settlement,the reality of the problems faced in the study from the European Union and the association of south-east Asian nations(ASEAN)and open coordination mechanism of soft law governance.We are trying to take advantage of the success of soft law in regional trade dispute settlement practices,and to explore new era under the background of regional economic and trade soft law governance model,also for soft law independent legal status in international law that provide the realistic basis.At the same time,through the analysis of soft law in the WTO and the international industry standard operation path seeking out a variety of governance of soft law in regional trade dispute settlement scheme,and providing the theoretical and practical significance for the independence of the soft law,then trying to include soft law in common law or cooperation framework for informal country establishment and operation of international rules and regulations for the international community of the various policy.The fourth part discusses the necessity of China’s participation in regional soft law governance and the specific path.In the absence of a unified international law system of the judiciary and the legislature,regional trade legal system is not sound and low rules were seriously affect the regional trade process of the rule of law,it influences the solution to China’s “one belt one road” initiative,and the trade disputes also formed the obstacles in China as a push to solve trade disputes.How to promote regional sustainable development and build new important force of regional governance of the rule for the law system,and start to form a free trade agreement template and build a regional model which is promotion of its “soft power” for regional economic and trade system say an important breakthrough;This paper tries to through the form of international soft law into domestic law in order to realize the real value of soft law,and combining with the method of soft and hard to establish a complete legal system of regional trade disputes,We should strengthen the coordination of members in the area of cooperation and give full play to the regional multilateral mechanism for constructive role,and enable countries to share the achievements of the development of the new area of the rule of law system.Also,in the long run,soft law has great value for the economic interests,political status,and good for keep the balance of nations and the fairness and justice of the international community.