自决与自治关系的理论解读

Theoretical Interpretation of Self-Determination and Self-Government

自决与自治分别是国际法和国内法上的概念,两者的主要区别主要表现在:内在含义不同、所属范畴不同、行为主体不同、政治功能不同。两者之间的联系主要表现在:自决是自治的前提,而自治是自决的一种结果形式。目前学术界将自决与自治的关系搞混的一个重要原因,是西方学者将自决划分为内部自决和外部自决,并将"内部自决"等同于自治。解决这一混乱的最简单办法就是不要在国际法层面上对自决进行内外划分,也不要在国际法层面上再使用自治的概念。

Self-determination and self-government are separate concepts of international law and domestic law respectively. Their major discrepancies lie in their different meanings, the different categories they belong to, their differing subject systems, and their different political functions. The two concepts are also connected. Self-determination is a prerequisite of self-govern- ment, while self-government is an end result of self-determination. One of the reasons why these two concepts have been confusing in the academic circle is that the western scholars currently make a distinction between internal self-determination and external self-determination, and mistake the concept of internal self-determination as being equal to self-government. The simple way to clarify this confusion is not to classify self-determination into internal or external ones in the context of international law, nor should the concept of self-government be applied in the context of international law any more.