睦邻友好条约的范式及其在中国的实践

The Form of the Treaty of Good-Neighborliness and Friendship and Its Practice in China

条约方式是确立相邻国家间和平友好关系的重要手段,有关方面条约范式的形成对于指导睦邻关系条约实践,宣示或强化条约的约束力有着非常重要的关系和影响。随着睦邻关系条约实践的发展,尤其是在现代的国际法体制下,睦邻友好条约已成为确立睦邻关系的国际习惯性做法,在形式、性质、内容和程序方面也体现出共同的特征。伴随着新中国睦邻外交政策的演进,逐渐形成中国式睦邻友好合作条约,成为我国实施"与邻为善、以邻为伴"周边外交方针的基本手段。面对中国—东盟睦邻外交实践的创新发展,中国式睦邻友好合作条约在东盟的推进面临新的挑战,必须考虑条约目标定位、条约形式和条约内容方面的特殊问题。

As a main method of ensuring the friendly relationship between neighboring countries,the development of the form of the treaty plays a key role in guiding the practice of the treaty,showing or strengthening the force of the treaty. With the development of the practice of the treaty of friendly relationship,and within the system of modern international law,signing the treaty of friendly relationship has become a normal way of ensuring the good neighborliness between two countries,and gradually some common features have come into being in its form, nature, contents and procedure. New China has carried out goodneighborliness diplomacy and has gradually formed the treaty of friendship with Chinese characteristics which is adopted as a basic tool in the implement of ＂treating neighbors friendly,looking neighbors as friends＂. As the good-neighborliness diplomacy between China and ASEAN makes progress rapidly,the form of the treaty of friendly relationship in China is facing new challenges,and the special problems as the target location,the form and the contents of the treaty shall be taken into consideration.