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April 3, 20260 citationsOpen Access

Soft law in hard times: Tariff volatility and trade innovation in asean

JSJudy Yueh Ling Song

Key Points

  • This paper aims to analyze how unilateral tariffs impact trade governance in ASEAN, particularly the role of soft law.
  • Case study analysis of ASEAN's trade governance
  • Examination of global value chains and member states' resilience
  • Assessment of hybrid legal architecture integrating treaties and soft law
  • ASEAN's reliance on soft law is a strategic response to tariff volatility
  • The region manages external shocks through coordinated consultations
  • Differentiated coordination helps avoid legal stalemates
  • Legal development is sequenced through layers of governance mechanisms

Abstract

This paper analyses how the weaponisation of trade, such as the renewed unilateral tariffs in 2025, reshapes the governance setting for trade-dependent regions. Using ASEAN as a case study, we argue that the region’s reliance on soft law is a deliberate institutional strategy. We examine ASEAN’s structural exposure through global value chains and its fragmented resilience across member states. We then assess how its hybrid legal architecture combines treaty-based obligations with soft-law implementation. We characterise that ASEAN manages external shocks through three mechanisms: proceduralising volatility into coordinated consultation, enabling differentiated coordination to avoid legal deadlock, and sequencing legal development through gradual layering of soft and hard governance. Comparatively, we show that ASEAN represents a distinct model of regional legal ordering positioned between European Union-style of supranational enforcement and APEC-style of voluntarism.

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Cite This Study

Judy Yueh Ling Song (2026) studied this question.

synapsesocial.com/papers/69cf5d1f5a333a821460ac9ehttps://doi.org/10.13135/2785-7867/13459
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