Soft Law: In the Context of Interstate Security and Sovereignty Management Instruments

Abstract

“Soft Law” is known in the academic circles of international laws for a reason that “Soft Law” is brought up for use as legal tools, or in some cases, it may be defined as semi-legal tools under international contexts to bring about flexible interstate ties.  Similar to obligations under general international commitments, it may be compared in the definition of “Hard Law”.  In this Article, the basis of “Soft Law” has been analyzed together with the contexts of tools for management of interstate security and sovereignty.  In general, it can be seen that obligations under international commitments which are related to interstate security and sovereignty may be mentioned on the basis international laws in general, with which member states shall strictly comply.  The Author has opinions that the study of “Soft Law” which is used under international obligations with impacts on flexible interstate ties related to the security issues and the principle of respects to state sovereignty may open up the academic perspectives in another interesting issue that could be understood by learners from the basis of definitions or interpretation of “Soft Law” under the related concepts to the use of “Soft Law” in diverse international contexts overlapped with the management of interstate security and sovereignty, particularly the international principles which must be respected and given importance by all countries, i.e., the principle of non-interference and the principle of respects to state sovereignty, which are important basis in the establishment or determination of interstate ties under the basis of  “Soft Law”.  Such important principles shall be the basis of the Author’s study and analysis of functioning of “Soft Law” and the creation of rules and regulations on interstate security based on the principle of respects to state sovereignty, including challenges of “Soft Law” under the dynamic security situations.