国际法方法的源流与发展

Origin and Development of International Law Methods

在欧美,对国际法方法论的系统研究发轫于实在法的勃兴,其间经历了实在法危机,并促成了实在法的完善。到了20世纪后半期,研究国际法现象的"新方法"层出不穷,视角各异,自成一体,但均未超出实证分析和价值判断两种基本法学方法。国际法新方法将"自然法"与"实在法"融合在一起,在与传统的国际法方法的共生与互动中,使国际法在向前发展的进程中得以反省,并不断完善。

Legal methodology of International Law have not been attached great importance to in the legal circle of China.In western countries,systematic studies on legal methods of international law was inaugurated when positivist was in time,sprang up when it was in crisis,and harmonized when it is improving.Though new approaches on international law have emerged in an endless stream on the second half of 20th centuries with different perspectives and self-contained theories,they never went beyond the basic legal methods of empirical analysis and value judgments.All to be done by the new methods is to integrate the natural law and positive law,and make international law do some introspection and improvement while co-existing and interacting with traditional legal methods.