《欧盟宪法条约》与当代国际法的演进

"The EU Constitution Treaty" and the Evolution of International Law

《欧盟宪法条约》自2004年由欧盟各成员国领导人签署后一直是国际社会关注的焦点。它的诞生是欧洲一体化演变和发展的必然结果。它在内容上包含许多创新之处,如在机构改革方面设立欧盟理事会主席、专职欧盟外长,缩小欧盟委员会的规模和扩大欧洲议会的权力;在决策表决制度上采取"双重多数表决机制"等;在权力分配方面特别重视保持权力平衡。但它也存在条文冗长、分散、不方便适用等缺陷。由于内容的特殊性,《欧盟宪法条约》将在国家主权理论、国际法主体以及国际条约法等方面对国际法产生深远的影响,从而推动当代国际法的发展。尽管在表决过程中,《欧盟宪法条约》经历了一些挫折,但是从长远来看,无论未来的法律文件采用何种名称,欧盟将不会停止其制宪活动。

Since it was signed by the leaders of all member states of the EU in October 2004, ＂the EU Constitution Treaty＂ has been the focus of the international communities. ＂The EU Constitution Treaty＂ is the inevitable result of the development and evolution of European integration. In terms of content, it contains many innovations, including providing the president of European Council and the Union Minister for Foreign affairs, reducing the scale of European Commission, enlarging the powers of European Parliament, adopting the double majority mechanism in voting process and paying special attention to keeping balance of powers with respect to power distribution. At the same time, it has many inherent flaws, for example, the contents are prolix, dispersive and user unfriendly. Due to the uniqueness of its contents, ＂the EU Constitution Treaty＂ will have a profound impact on contemporary international law with regard to the theory of sovereignty, the subject of international law and international law of treaties, thus promoting the development of contemporary international law. Although there are some setbacks in the Constitution voting process, the author concludes that from the long - term point of view, the EU will definitely continue its process of establishing a constitution, no matter what it is called.