国际人权领域悖论的宪政解读——以美国为例

Constitutional Interpretation of Paradoxical Behavior in International Human Rights Protection——Taking U.S as an example

国际人权法作为为国家保护人权设定义务的条约、公约、国际习惯法的总和,对相关会员国国内人权保护机制的构建和运行具有越来越广泛的影响,甚至对个别国家的主权造成非常负面的影响。然而,考察国际人权法律的发展历程,以及主导此历程的发达国家如美国的经验,可以发现一些悖论性的历史表现。就美国而言,这一悖论性的历史表现背后存在着深厚的宪法根源。

As the sum of treaties,conventions and practice used by countries to protect human rights and impose obligations,international human rights law has wide influences on the establishment and operation of domestic human rights protection mechanism in member states concerned,and sometimes even affects negatively the sovereignty of some countries.However,the survey of the development course of the law and the experiences of developed countries which play the leading role in the course shows that paradoxical behavior has been conducted frequently.Taking U.S as an example,it can be found that its paradoxical behavior is deeply rooted in the current constitution.