试析《国家责任条款》的“国际不法行为”

Analysis on International Wrongful Acts in Articles of States Responsibility

国家对其国际不法行为应负的责任是当代国际法的主要问题之一。半个多世纪以来,联合国国际法委员会持之以恒地编纂《国家责任条款》,2001年联合国大会已通过《国家责任条款》草案,并建议就此缔结有关国际公约,2004年联合国大会要求各会员国政府提出有关意见。我国政府对此高度重视,国际法学界以此为前沿研究课题。本文尝试从中西文词义辨析、"初级规则"与"次级规则"的划分评析、国际法与国内法的关系解析三方面,对《国家责任条款》中"国际不法行为"的含义、条件与归责问题,做初步的分析研究。

It is the one of main issues of contemporary international law that state shall be responsible for its international wrongful acts. The International Commission of the United Nations has been working on the Articles of States Responsibility for more than fifty years. The United Nations Assembly adopted the drafted Articles in 2001 and suggested to make an international convention on this subject. In 2004, the United Nations Assembly called for Members to submit proposals. Chinese government paid its attention on it while scholars are taking research on it. This paper intents to analyze the meaning of international wrongful acts, to give a comment on preliminary rules and secondary rules, to discuss the relation between international law and domestic laws in the hope to study the implication of international wrongful acts as well as its conditions and attribution under the Articles of States Responsibility.