论国际法规制的共有属性及个性体现——以技术性贸易壁垒国际法规制之个性为例

On General Character and Distinctive Feature of International Regulation: An Example of the Distinctive Feature of TBT International Regulation

国际法规制由"法律化的规制"和"以规制为调整对象的规制"二种形式构成,在表现出"求同性"与"异同之相对性"等共有属性的同时,由国际社会利益关系的多元化、复杂化及其平权特征所决定,也面临着其权威性和强制性缺失的极大困惑。具体到技术性贸易壁垒的国际法规制中,一方面,不同目标导向与规制形态下的国际法规制并行发展、各具功效;但另一方面,如何兼顾相冲突的利益保护目标又是其必须面对的最大难题。

International regulation are composed of ＂regulation by law＂ and ＂regulation used as the regulated object＂. They reflect the general characters of seeking common ground and reserving comparative differences. At the same time, they are confused extremely by the depletion of their authority and enforceability, which is decided by the pluralism and complication of interests and by the equal place among parties of the international community. As for the Technical Barriers to Trade （TBT）, the parallel development of international regulation is under different objectives and in different regulating forms, which takes the individual＇s own effect. On the other hand, however, how to balance those conflicting objectives which all should be protected will be the biggest problem of international regulation for TBT.