SOFT LAW SEBAGAI SEBUAH STRATEGI : STUD KASUS PIAGAM ASEAN (ASEAN CHARTER)
Abstrak One indicator of the effectiveness of cooperation can be seen from: whether the agreement is soft law or hard law. Cooperation with soft law form  tends to be ineffective because there is no binding consequences, while  hard law form tend to be effective because the consequences are binding. Interestingly, countries drafting their cooperation in the form of soft law, at the expense of the effectiveness of their cooperation. By taking a case study of the ASEAN  Charter, this article came to the conclusion that soft law chosen as a strategy to secure national interests when cooperation assessed no longer profitable. Key Word: Hard Law, Soft Law, Strategy
Introduction: Legalization and World Politics
In many issue-areas, the world is witnessing a move to law. As the century turned, governments and individuals faced the following international legal actions. The European Court of Human Rights ruled that Britain's ban on homosexuals in the armed forces violates the right to privacy, contravening Article 8 of the European Convention on Human Rights. The International Criminal Tribunal for the Former Yugoslavia indicted Yugoslav president Slobodan Milosevic during a NATO bombing campaign to force Yugoslav forces out of Kosovo. Milosevic remains in place in Belgrade, but Austrian police, bearing a secret indictment from the International Criminal Tribunal, arrested a Bosnian Serb general who was attending a conference in Vienna. In economic affairs the World Trade Organization (WTO) Appellate Body found in favor of the United States and against the European Union (EU) regarding European discrimination against certain Latin American banana exporters. A U.S. district court upheld the constitutionality of the North American Free Trade Agreement (NAFTA) against claims that its dispute-resolution provisions violated U. S. sovereignty. In a notable environmental judgment, the new Law of the Sea Tribunal ordered the Japanese to cease all fishing for southern bluefin tuna for the rest of the year.
Realism or idealism, or both? Security policy and humanitarianism
The paper focuses on the relationship between security policy and humanitarianism, two policy fields with different roles. In the case of violent domestic conflict they get inevitably very close where distance between them – at least from the humanitarian perspective - should be greatest. This is the argument based upon the model of complementarity characterizing the relationship between the state and non-state actors in the policy field of humanitarian aid. The core argument is that the politicization process which has characterized the developments in humanitarian affairs is incomplete. Thus far, security concerns seem to favor this process by subordination of humanitarianism. What is required is the “politicization from below”, the societal actors, as a counterweight to the “politicization from above”, the state actors. The goal is a rights-based approach to humanitarianism. Such a normative change in the international order is desirable both from a security policy perspective as well as from the humanitarian perspective. The structural conditions characterizing the policy field of humanitarian aid are not such as to favor such a development.