The Conflict between Soft Law and Hard Law: Choosing a New Path for the Reconstruction of International Trade Institutions

　　Abstract: As two different mechanisms for regulating international trade, soft law and hard law often complement or reinforce one another in coordinating problems. At the same time though, the two types of law will also come into conflict with one another. Both developed and developing countries have used soft law to weaken, revise or change hard law, thereby impacting or recreating the institutional frameworks that distribute the benefits of trade. In this era of changing international economic structures, as a responsible developing country, China can and should use soft law to positively and effectively participate in the reform and recreation of international trade institutions. This will ensure that the WTO centered global trade institutions will more carefully meet China’s national interests.

　　Author: Yu Feng is a lecturer in the School of Humanities and Social Sciences of East China Normal University