Study on the Power of International Soft Law in Global Governance

Soft law is law, but it has no legally binding force which is the ought-to-be characteristic but not a valid reason to completely deny significance of existence of soft law. With emergence of the counter-globalization or the reshaping global rules in the process of globalization, multilateral treaty-making gets into difficulties, and a series of empirical cases of the participation of international soft law in global governance demonstrate its actual effect and power. In the reform of the international refugee field, development from reaching the New York Declaration for Refugees and Migrants to the subsequent adoption of two Contracts is an example. Power of soft law highlights uncertainty and plasticity due, inter alia, to factor of free will of States. The fact that non-binding force does not mean that soft law has no power in reality, and “empowerment” makes it more powerful. Moreover, the binding force as main label of soft law is often the root reason that actors in international relations prefer soft law instruments. The environment of the times influences and even provides opportunities for evolution of international soft law. Meanwhile, soft law is also participating in shaping the rule of law and other abstract environment. Soft law itself and its laying a foundation for and contributions to the formation and maturity of hard law contain the expression and staying committed to multilateralism. This is precisely the presentation of the influence and charisma of international soft law.