«SOFT LAW» IN THE REGULATORY SYSTEM OF INTERNATIONAL TRADE RELATIONS: THEORETICAL AND PRACTICAL ASPECTS

Abstract

The scientific article analyzes the place and role of “soft law” acts as those that are not formally legally binding, but have a significant impact on the formation ofthe regulatory system and international trade relations. Article is based on an analysis of examples of soft law acts regulating international trade relations, such as Resolutions of international intergovernmental organizations (UN declarations, WTO, international forums); Model laws (UNCITRAL); UNCITRAL Comments; UNCITRAL Recommendations, Sets of Multilaterally Agreed Fair Principles and Standards (UNCTAD).Particular attention is paid to acts of private law unification, such as the Principles of International Commercial Contracts (PICC). Other soft law acts in the field of international trade also include the so-called Trans-Lex Principles (Internet codification of lex mercatoria), Principles of European Contract Law – PECL.The generalization and systematization of the expressed scientific views allows us to conclude that the spread of acts of “soft law” in international trade law reflects such features of globalization of law as its transnationalization, professionalization, as well as deformalization and decentralization.The norms of soft law are becoming increasingly important and widespread in the system of regulatory regulation of international trade relations, performing a number of functions such as regulation, unification, interpretation, addition, forecast. Based on the consensus and balance of interests of participants in international trade relations, endowed with flexibility and dynamism, having a predominantly “authoritative” and “expert” nature, the soft law method of regulating international trade should not be considered “secondary” to the hard law method, but a self-sufficient, alternative method of appropriate regulation.