论条约效力根据的三重性

On the Tripartite Nature of The Basis of Treaty Effectiveness

条约的效力根据问题是国际法学者长期争论的一个重要问题,但是至今尚未得到一致认可的意见,这难以适应国际法治建设的需要。维护条约的权威和尊严,增强国际社会对国际法治的信心,推进全球治理,保障“一带一路”倡议的落实和人类命运共同体的构建,亟须厘清条约的效力根据。条约的效力根据具有三重性:条约的第一重效力根据是指国际法主体以同意或者认可的方式缔结了条约,条约的第二重效力根据是指条约符合社会发展规律,条约的第三重效力根据是指条约符合自然规律。条约的三重效力根据依次是决定和被决定的关系、反映和被反映的关系。

The validity basis of treaties is an important issue debated by scholars of international law for a long time,but no consensus has been reached so far,which is difficult to meet the needs of international rule of law construction.To safeguard the authority and dignity of the Treaty,enhance the international community's confidence in the international rule of law,advance global governance,and ensure the implementation of the“One Belt and One Road”cooperation initiative and the building of a community with a shared future for mankind,it is imperative to clarify the basis for the effectiveness of the Treaty.The validity basis of the treaty is threefold,that is,the first validity basis of the treaty means that the subject of international law has concluded the treaty by means of consent or recognition;The second validity basis of the treaty is that the treaty conforms to the law of social development.The third basis of validity of a treaty is that the treaty conforms to the law of nature.The threefold validity of a treaty is based on the relationship between decision and determined,and the relationship between reflection and reflected.